Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] What is “burden of proof?” | Burden of proof is the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law. (Sec. 1) |
| [2] Complete the following: SEC. 2. Conclusive presumptions.—The following are instances of conclusive presumptions: (a) Whenever a party has, by his own declaration, act, or omission, _____________________ led another to believe a particular thing true, and to ____________________, he cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it: | (a) Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it: |
| [3] Complete the following: Sec. 2. Conclusive presumptions.—The following are instances of conclusive presumptions: (b) The tenant is not permitted to deny the title of his landlord _____________________ between them. | (b) The tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation of landlord and tenant between them. |
| [4] Complete the following: Sec. 3. Disputable presumptions.—The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (a) That a person is _________ of crime or wrong; (b) That an unlawful act was done with an __________; | (a) That a person is innocent of crime or wrong; (b) That an unlawful act was done with an unlawful intent; |
| [5] Complete the following: Sec. 3. Disputable presumptions.—The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (c) That a person intends the ____________________ of his voluntary act; (d) That a person takes ___________________ of his concerns; | (c) That a person intends the ordinary consequences of his voluntary act; (d) That a person takes ordinary care of his concerns; |
| [6] Complete the following: Sec. 3. Disputable presumptions.—The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (e) That evidence ___________________ would be adverse if produced; (f) That money paid by one to another was ___________________; | (e) That evidence willfully suppressed would be adverse if produced; (f) That money paid by one to another was due to the latter; |
| [7] Complete the following: Sec. 3. Disputable presumptions.—The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (g) That a thing delivered by one to another ___________________; (h) That an obligation delivered up to the debtor ___________________; (i) That ___________________ had been paid when a receipt for the later ones is produced; | (g) That a thing delivered by one to another belonged to the latter; (h) That an obligation delivered up to the debtor has been paid; (i) That prior rents or installments had been paid when a receipt for the later ones is produced; |
| [8] Complete the following: Sec. 3. Disputable presumptions.—The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (j) That a person found in possession of a thing taken in the ____________________ is the ____________________; otherwise, that thing which a person possesses, or exercises ____________________, are owned by him; | (j) That a person found in possession of a thing taken in the doing of a recent wrongful act is the taker and the doer of the whole act; otherwise, that thing which a person possesses, or exercises acts of ownership over, are owned by him; |
| [9] Complete the following: Sec. 3. Disputable presumptions.—The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (k) That a person in possession of an order on himself for the payment of the money, or the delivery of anything, has ___________________; | (k) That a person in possession of an order on himself for the payment of the money, or the delivery of anything, has paid the money or delivered the thing accordingly; |
| [10] Complete the following: Sec. 3. Disputable presumptions.—The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (l) That a person acting in a public office was ____________________ to it; (m) That official duty has been ____________________; (n) That a court, or judge acting as such, whether in the Philippines or elsewhere, was ____________________; | (l) That a person acting in a public office was regularly appointed or elected to it; (m) That official duty has been regularly performed; (n) That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in the lawful exercise of jurisdiction; |
| [11] Complete the following: Sec. 3. Disputable presumptions.—The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (p) That private transactions have been __________; (q) That the ordinary course of business has been __________; | (p) That private transactions have been fair and regular; (q) That the ordinary course of business has been followed; |
| [12] Complete the following: Sec. 3. Disputable presumptions.—The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (r) That there was a _______________ for a contract; (s) That a negotiable instrument was _______________ for a sufficient consideration; (t) That an indorsement of a negotiable instrument was made _______________ and at the ____________________; | (r) That there was a sufficient consideration for a contract; (s) That a negotiable instrument was given or indorsed for a sufficient consideration; (t) That an indorsement of a negotiable instrument was made before the instrument was overdue and at the place where the instrument is dated; |
| [13] Sec. 3. Disputable presumptions.—The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (u) That a writing is __________; (v) That a letter duly directed and mailed was received in the ___________________; | (u) That a writing is truly dated; (v) That a letter duly directed and mailed was received in the regular course of the mail; |
| [14] Complete the following: Sec. 3. Disputable presumptions.—The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (w) That after an absence of __________, it being unknown whether or not the absentee still lives, he is considered dead for all purposes, except for those of succession. The absentee shall not be considered dead for the purpose of opening his succession till after an absence of __________. If he disappeared after the age of seventy-five years, an absence of __________ shall be sufficient in order that his succession may be opened. | (w) That after an absence of seven years, it being unknown whether or not the absentee still lives, he is considered dead for all purposes, except for those of succession. The absentee shall not be considered dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. |
| [15] Complete the following: Sec. 3. Disputable presumptions.—The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (x) That acquiescence resulted from a belief that the thing acquiesced in was ____________________; (y) That things have happened according to the ____________________ and the ____________________; | (x) That acquiescence resulted from a belief that the thing acquiesced in was conformable to the law or fact; (y) That things have happened according to the ordinary course of nature and the ordinary habits of life; |
| [16] Complete the following: Sec. 3. Disputable presumptions.—The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (cc) That in cases of cohabitation by a man and a woman who are ____________________ and who have acquired property through their actual joint contribution of money, property or industry, such contributions and their corresponding shares including joint deposits of money and evidences of credit are _________. | (cc) That in cases of cohabitation by a man and a woman who are not capacitated to marry each other and who have acquired property through their actual joint contribution of money, property or industry, such contributions and their corresponding shares including joint deposits of money and evidences of credit are equal. |
| [17] Complete the following: Sec. 3. Disputable presumptions.—The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (ee) That a thing once proved to exist _____________________________; | (ee) That a thing once proved to exist continues as long as is usual with things of that nature; |
| [18] Complete the following: Sec. 3. Disputable presumptions.—The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (ii) That a trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to him when such presumption is necessary to ___________________________; | (ii) That a trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to him when such presumption is necessary to perfect the title of such person or his successor in interest; |
| [19] Complete the following: Sec. 4. No presumption of legitimacy or illegitimacy.—There is no presumption of legitimacy or illegitimacy of a child born after ____________________________________. Whoever alleges the legitimacy or illegitimacy of such child must prove his allegation. | Sec. 4. No presumption of legitimacy or illegitimacy.—There is no presumption of legitimacy or illegitimacy of a child born after three hundred days following the dissolution of the marriage or the separation of the spouses. Whoever alleges the legitimacy or illegitimacy of such child must prove his allegation. |