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Philippine Bar review · Question

Practice question: Burden of Proof and Quantum of Evidence

Multiple Choice Hard

Practice question

A complainant submits an unsigned anonymous post accusing counsel of deceit. The complainant identifies no author, underlying transaction, witness, or corroborating record. The tribunal finds the post inadequate to support a reasonable conclusion that the alleged act occurred. The respondent files no evidence. The complainant insists that the respondent's silence cures the evidentiary deficiency. Which is correct under CPRA section 32?
  1. Silence converts every allegation into substantial evidence
  2. The burden shifts conclusively upon submission of any printout
  3. The tribunal must convict administratively unless a criminal acquittal is produced
  4. The complainant has not met the burden on the stated evidentiary finding
  5. The complaint must succeed because anonymous posts are always conclusive

Legal references

  • https://sc.judiciary.gov.ph/wp-content/uploads/2023/05/22-09-01-SC-FINAL.pdf — CPRA, Canon VI, section 32.

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