Philippine Bar review · Question

Practice question: Factum Probans vs. Factum Probandum

Multiple Choice Medium

Practice question

The issue is whether a tenant received a termination notice. An admitted printing log proves only that a notice was printed, with no proof of dispatch or receipt. Does calling printing factum probans automatically establish receipt?
  1. The label makes the tenant admit receipt
  2. Yes; printing and receipt are identical events
  3. Every printed page proves personal service
  4. Only the font determines receipt
  5. No; the inferential gap remains

Legal references

  • A.M.19-08-15-SC, 2019 amended Rules on Evidence, effective May1,2020, Rules128,130,131 and133: https://lawphil.net/courts/rules/pdf/am_19-08-15-sc_2019.pdf
  • Dela Llana v. Biong, G.R.182356, December4,2013, MAIN: https://lawphil.net/judjuris/juri2013/dec2013/gr_182356_2013.html

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