Philippine Bar review · Question

Practice question: Preponderance of Evidence

Multiple Choice Hard

Practice question

A supported prima facie civil case requires a response. Does this mean the burden of proof itself necessarily shifts away from the claimant?
  1. No; Rule 131 distinguishes the potentially shifting burden of evidence from the nonshifting burden of proof.
  2. Yes, every evidentiary response transfers the ultimate burden permanently.
  3. Yes, a plaintiff can never lose after presenting one document.
  4. Yes, the defendant must disprove every claim beyond reasonable doubt.
  5. Yes, preponderance ceases to apply once a witness testifies.

Legal references

  • A.M. No. 19-08-15-SC, 2019 Amendments to the Revised Rules on Evidence, effective May 1, 2020; Rules 131-133, specifically the cited sections: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html

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