Practice question
In a disputed delivery claim, the plaintiff identifies the ultimate fact as delivery to the buyer. The admitted dispatch log proves only that goods left the seller's warehouse; other records show the truck returned before reaching the destination, and no acknowledgment or reliable delivery testimony is offered. Can the plaintiff establish delivery merely by calling dispatch the factum probans?
- Yes; departure and delivery are always identical
- No; the asserted supporting fact must actually justify the ultimate delivery inference in the whole record
- Yes; Latin terminology eliminates the evidentiary gap
- Yes; any relevant log is conclusive
- No; documentary evidence can never support delivery
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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