Philippine Bar review · Question

Practice question: Preponderance of Evidence

Multiple Choice Medium

Practice question

The plaintiff presents an admitted expert report but no adequate underlying data connecting its conclusion to the disputed civil loss. Is the defendant required to lose merely because no opposing expert was hired?
  1. Yes, every unopposed expert opinion is conclusive regardless of basis.
  2. Yes, retaining an expert shifts every burden of proof permanently.
  3. Yes, the court must invent missing data.
  4. Yes, absence of a counter-expert proves all claimed damages.
  5. No; the plaintiff’s own proof must carry the applicable burden.

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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