April 22, 2022

BURDEN OF PROOF, BURDEN OF EVIDENCE AND PRESUMPTIONS

1. What are the 2 kinds of legal presumptions? Explain each.

2. Differentiate estoppel in pais and estoppel against tenant. Cite 1 example each.
3. What are the rules on presumption in case of foreign judgment or order? In case of
Forgery? In case of Judicial Confesssion? In case of Conjugal Property?
4. What are the rules on Disputable Presumptions. Cite 10 and give example each.
5. What is the presumption in case of an electronic signature? In assessing the
evidentiary weight of t electronic evidence what are the factors to eb considered?
What is the presumption of DNA Testing?
6. What is the presumption against the accused in criminal cases?
7. Differentiate Burden of Proof, Burden of Evidence, Presumption and Inference. Cite
1 example each.
8. Explain equipoise rule or equiponderance doctrine and dubio pro reo.
9. Read
a. Viloria v. Continental Airlines, G.R No. 188288, January 16, 2012;
b. Santos v. Dichoso (Adm. Case No. 1825, 84 SCRA 622);
c. Garcia v. Garcia-Recio, G.R No. 138322, October 2, 2001.
d. People v. Concepcion, G.R No. 199219, April 3, 2013
What are the applicable doctrines relative to the topic did you learn from these
cases?
10. Can you presume forgery? Why?