Practice question
In an ordinary civil case, the plaintiff's evidence and the defendant's contrary evidence on an essential fact are equally persuasive. The plaintiff bears the burden on that fact. Has the plaintiff established it by preponderance?
- Yes; filing first resolves every tie
- Yes; equality is automatically superior weight
- No; the party bearing the burden has not shown superior evidentiary weight
- Yes; the defendant must lose whenever evidence conflicts
- No; because no civil case may use testimony
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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