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Philippine Bar review · Question

Practice question: Preponderance of Evidence

Multiple Choice Hard

Practice question

A claimant proves that a collision damaged her car but produces no adequate evidence connecting it to a later medical condition for which damages are sought. She argues the defendant's weak denial alone supplies preponderance on causation. Which analysis follows Dela Llana's evidentiary principle?
  1. The weaker denial automatically supplies all missing causal proof
  2. The claimant must still establish the essential causal link by the applicable preponderance standard
  3. Car damage conclusively proves every later illness
  4. A civil defendant must disprove every allegation before the plaintiff offers support
  5. Sympathy replaces the need for causation evidence

Legal references

  • https://lawphil.net/courts/rules/pdf/am_19-08-15-sc_2019.pdf — A.M. No. 19-08-15-SC, current Rules 128 §3, 130 §§21–22, 131 §1, 133 §§1–2,4–6.
  • 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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