Philippine Bar review · Question

Practice question: Proof vs. Evidence

Multiple Choice Hard

Practice question

A court admits an expert opinion and then declares that the burden of proof permanently transfers to the opponent solely because the exhibit was received. Which is correct?
  1. Every admitted report transfers that burden permanently
  2. Admission alone does not shift the burden of proof, which Rule131 says never shifts
  3. Only the expert can assign burdens
  4. The opponent must always disprove every claim
  5. Admission automatically ends the case

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

Answer this question in flashcards to review your response and continue practicing.