IV.

PROOF AND QUANTUM OF PROOF

A. When is proof necessary?

B. Proof not necessary if there are:

A.1. matters of Judicial notice

1. What is judicial notice?

2. When is judicial notice mandatory?
3. When is judicial notice discretionary?
4. What are the rules anent judicial notice of
court proceedings and judgments?
5. May municipal ordinances be taken judicial notice of?
6. May judicial notice be taken of a foreign judgment?

A. 2. Presumptions juris et de jure

1. What is a presumption?
2. What are the kinds of presumptions?
3. What is the effect of a presumption?
Reference: Modesto Mabunga vs. People of the Phils
G.R. No. 142039 May 27, 2004

4. What is the difference between a presumption and a

conclusion?
5. What is the difference between a presumption and an
inference?
6. What are presumptions juris et de jure? Give ten
examples.
7. What is the quantum of proof required to rebut a
presumption?

A.3. Admissions

1. What is an admission?
2. How may an admission be made?
3. Is an implied admission admissible in evidence?
4. What is a judicial admission?
5. Give 5 examples of judicial admissions?
6. What is the rule for the admissibility of an admission
made during the pre-trial?
7. May an admission made by counsel in open court
be taken against his client?
8. What is the effect of an admission made by a party
in:

a. his judicial affidavit which is already part of the

record of the case if he did not testify?
 b. His pleading if the same was thereafter
amended?
c. His pleading which he later withdrew?
d. His sworn statement after a motion to
discharge him as a state witness is denied?
e. His sworn statement as a state witness after he
refused to testify?

9. When may an offer of compromise be considered

an admission?
10. What is an admission by silence?
11. What is an adoptive admission?
12. How is an adoptive admission made?
13. How is an adoptive admission different from an
admission by silence?
14. When may person be prejudiced by the
admission of another?
15. How may a judicial admission be contradicted?
16. Who may contradict a judicial admission?
17. May the admission of one accused on the
witness stand be taken against his co-accused?
18. What is an extrajudicial admission?
19. What are the requisites for the admission of an
extrajudicial admission?
20. What are the requisites for the a
21. May an admission in a counter-affidavit
submitted during a preliminary investigation be
admitted in evidence?
22. Give the differences between an admission and
a confession.

A.4. Confessions

1. What is a confession?
2. What are the requisites for the admission of an
extrajudicial confession?
3. What are interlocking confessions?

A. 5. Unrebutted presumptions juris tantum

1. What are presumptions juris tantum? Give twenty

examples.

C. What is “burden of proof”? Is it the same as “burden of

evidence”?
D. Who has the “burden of proof” in a case?
E. What is “quantum of proof”?
F. What are the different quanta of proof in evidence?
G. Define:
a. proof beyond reasonable doubt
b. preponderance of evidence
c. substantial evidence
d. clear and convincing evidence

H. Give two instances when the quantum of proof required is

clear and convincing evidence.
I. What is the quantum of proof in administrative cases
against lawyers?
J. What is the quantum of proof in preliminary investigations?

Reference: Sen. Jinggoy Ejercito Estrada vs. Office of the

Ombudsman (G.R. Nos. 212140 -41 January 21, 2015)

K. When may a civil action be decided not on the basis of

preponderance of evidence?
L. What is a prima facie case?

Reference: Prima facie case: Fe J. Bautista vs. Hon.

Malcolm Sarmiento (G.R. No. L-45137 dated
September 23, 1985)

M. What is the required quantum of proof in overcoming a

prima facie case?
N. What is equipoise of evidence?