Practice question
Does preponderance necessarily belong to the side presenting the greater number of witnesses?
- Yes, without exception
- Yes, if there are at least three witnesses
- No; Rule 133 expressly rejects an automatic numerical rule
- Yes, unless the judge flips a coin
- No; the smaller number always wins
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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