SECTION 1

1.    What is the importance of the rule? Note that the importance of this subject is often
underestimated; yet, the right to have the burden of proof properly placed is a valuable
right; and to give force and effect to such right some courts have gone even so far as to
rule that failure so to place it over the request and proper exception of a party,
constitutes a reversible error. This rule is founded upon the obvious purpose of
facilitating justice by serving the convenience of the court.
2.    What is meant by “burden of proof”?
3.    What are facts in issue referred to by the rule?
4.    What is meant by “burden of evidence”?
5.    What is the main distinction between burden of proof and “burden of evidence”?
Civil Cases
6.    Who has the burden of proof in civil cases?
7.    If the plaintiff fails to discharge his burden of proof is the defendant under obligation
to prove his defenses?
8.    What is the test for determining on whom the burden of proof lies?
9.    What is the effect of a legal presumption upon the burden of proof and burden of
evidence?
10.    What matters need not be proved by the parties to an action?
11.    Who has the burden of proof in the following?
     a.    In suits to recover sums of money?
     b.    In actions on contract?
     c.    In insurance cases?
     d.    In tort actions?
     e.    In contributory negligence?
     f.    In allegations of fraud, dishonesty, unfairness, duress and undue influence?
     g.    In actions against carriers?
     h.    In disbarment proceedings?
     i.    To show abuse of discretion in dismissing a case?
12.    Against whom is the case decided when the case is evenly balanced?
Criminal Cases
13.    Who has the burden of proof in criminal cases?
14.    Distinguish burden of proof from presumption of innocence?
15.    Is it necessary that a negative fact alleged by the prosecution be proved?
16.    Who has the burden of proof as to facts peculiarly within defendant’s knowledge?
17.    Who has the burden of proof on the following:
     a.    Alibi
     b.    Authenticity of documents
     c.    Bail
     d.    Confessions
     e.    Corpus delicti
     f.    Insanity
     g.    Jeopardy
     h.    Matters of defense
     i.    Motive and intent
     j.    Provocation
     k.    Venue
 
SECTION 2
1.    Define presumption. 
2.    Define conclusive presumption. Read: J. Ermitaño vs. L.M. Paglas, G.R. No.
174436, 23 January 2013. What conclusive presumption is at play in this case?  Why
was this rejected by the Supreme Court in this case?
3.    Define disputable presumption.
4.    Distinguish presumption from inference.
5.    Explain a presumption of fact. 
6.    Explain a presumption of law.
7.    Distinguish presumption of law from presumption of fact.
8.    Distinguish presumption from prima facie evidence.
9.    How is presumption juris or of law classified?
10.    Is presumption evidence?
11.    What are the kinds of presumptions?
12.    What are the effects of a presumption.
Estoppel
13.    Define estoppel
14.    How many kinds of estoppels are there?
15.    What is estoppel in pais?
16.    Distinguish estoppel in pais from waiver.
17.    What is estoppel by deed?
18.    What is estoppel by record or judgment?
Estoppel in pais
19.    State the rule on estoppel in pais or conduct.
20.    What is the basis of the rule?
21.    What is the effect of estoppel in pais?
22.    What are the elements of estoppel in pais as related to the party claiming the
estoppel?
23.    What are the elements of estoppel in pais as related to the party estopped?
24.    Are there other forms of estoppel akin to estoppel in pais?
25.    Is there estoppel due to ignorance founded on innocent mistake?
26.    Is there estoppel by extrajudicial admissions made in the original complaint which
had been amended?
27.    When is a party estopped from raising the validity of a compromise agreement?
28.    When is the defendant estopped from pleading double jeopardy?
29.    Does estoppel lie against the government and public officer?
Estoppel by deed
30.    State the rule on estoppel by deed?
31.    What is the reason for the rule?
32.    What are the qualifications of the rule?
 
SECTION 3
1.    Give examples of disputable presumptions.
2.    What presumptions were at play in the following cases?
     a.    Heirs of Gregorio vs. Court of Appeals, GR No. 117609, 29 December 1998
     b.    People vs Macaspac, GR No. 246165, 28 November 2019
     c.    People vs Victoria, GR No. L-930, 29 August 1947
     d.    Vda de Jacob vs. Court of Appeals, GR No. 135216, 19 August 1999

SECTION 4
1.    What is the reason for fixing the period of three hundred days? Refer to Articles 163
to 171 of the Family Code.
 
SECTION 5
1.    Who has the burden of going forward with the evidence in civil cases?
2.    What is the “bursting bubble” approach to presumptions?
3.    What is the rule on conflicting presumptions?
 
SECTION 6
1.    Where the prosecution relies solely upon a presumption to establish guilt, what
must be proved first and why? 
2.    Distinguish basic fact vs. a presumption.
3.    Read: Private Hospitals Association vs Medialdea, GR No. 234448, 6 November
2018. When does the presumption of liability arise against a medical doctor/institution in
the context of medical malpractice cases? Explain clearly. Does it violate the
constitutional presumption of innocence?