Philippine Bar review · Question

Practice question: Factum Probans vs. Factum Probandum

Multiple Choice Medium

Practice question

In a debt case, the contested ultimate factual issue is whether payment occurred. A properly authenticated receipt is offered to show payment. In that analysis, which pairing is correct?
  1. Receipt: factum probandum; payment: mere exhibit number
  2. Both concepts refer only to the amount of filing fees
  3. Payment: factum probandum; the receipt and the facts it evidences: supporting factum probans
  4. Payment is a legal citation with no factual component
  5. The receipt automatically decides every issue in the case

Legal references

  • https://lawphil.net/courts/rules/pdf/am_19-08-15-sc_2019.pdf — A.M. No. 19-08-15-SC, 2019 Revised Rules on Evidence, effective May 1, 2020; Rules 128 §§1–4, 130 §§1–2, 131 §1, and 133 §§1–2,6.
  • https://lawphil.net/judjuris/juri2013/dec2013/gr_182356_2013.html — Dela Llana v. Biong, G.R. No. 182356, December 4, 2013, MAIN decision (evidentiary facts, ultimate fact, and admissibility versus weight).

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