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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

P sues D for P420,000 on a written instrument titled "Bond of Guarantee" dated 2014, which allegedly binds D as a guarantor for a loan made to a third person. P offers the Bond as documentary evidence to prove (1) the existence of the debt, and (2) D’s obligation as guarantor. D testifies that he did not sign the Bond and that it is forged; D offers no other evidence. (a) Identify the controlling doctrine on burden of proof and burden of evidence under Rule 131, Sec. 1. (b) Distinguish who bears the burden of proof and who bears the burden of evidence in this scenario. (c) Apply the doctrine to the facts: who must prove the Bond’s authenticity, what standard applies, and what is the likely outcome if D’s denial remains unsubstantiated.

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The plaintiff’s documentary evidence is self-authenticating; the defendant has no burden unless he offers contrary evidence; the standard is preponderance; if D’s denial remains unsubstantiated, P wins. The defendant bears the burden of proof to show forging; the plaintiff bears the burden of evidence to prove the debt; the standard is preponderance; if D’s denial remains unsubstantiated, the court should still rule for D. The plaintiff bears both the burden of proof and the burden of evidence to prove the debt’s existence and the document’s authenticity by preponderance; if D’s denial remains unsubstantiated, P prevails. The defendant bears the burden of evidence to show non-authenticity; the plaintiff’s burden is only to present the Bond; the standard is beyond reasonable doubt.

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