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Act No. 190 Section 334

Disputable presumptions.

Section 334

SEC. 334. Disputable presumptions. — The following presumptions are satisfactory, if uncontradicted, but they are disputable, and may be contradicted by other evidence: 1. That a person is innocent of crime or wrong; 2. That an unlawful act was done with an unlawful intent; 3. That a person intends the ordinary consequence of his voluntary act; 4. That a person takes ordinary care of his own concerns; 5. That evidence willfully suppressed would be adverse if produced; 6. That money paid by one to another was due to the latter; 7. That a thing delivered by one to another belonged to the latter; 8. That an obligation delivered up to the debtor has been paid; 9. That former rents or installments had been paid when a receipt for the later ones is produced; 10. That things which a person possesses are owned by him; 11. That a person is the owner of property from exercising act of ownership over it, or from common reputation of his ownership; 12. That a person in possession of an order on himself for payment of money, or the delivery of anything, has paid the money or delivered the thing accordingly; 13. That a person acting in a public office was regularly appointed or elected to it; 14. That official duty has been regularly performed; 15. That a court, or judge acting as such, whether in the Philippine Islands or elsewhere, was acting in the lawful exercise of his jurisdiction; 16. That all the matters within an issue in an action were laid before the court and passed upon by it; and in like manner that all matters within a submission to arbitration were laid before the arbitrators and passed upon by them; 17. That private transactions have been fair and regular; 18. That the ordinary course of business has been followed; 19. That a promissory note or bill of exchange was given or indorsed for a sufficient consideration; 20. That an indorsement of a negotiable promissory note or bill of exchange was made after the time and at the place of making the note or bill; 21. That a writing is duly dated; 22. That a letter duly directed and mailed was received in the regular course of the mail; 23. Identity of person from identity of name; 24. That a person not heard from in seven years is dead; 25. That acquiescence resulted from a belief that the thing acquiesced in was conformable to the law or fact; 26. That things have happened according to the ordinary course of nature and the ordinary habits of life; 27. That persons acting as copartners have entered into a contract of copartnership; 28. That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage; 29. That a child born in lawful wedlock, there being no divorce, absolute or from bed and board, is legitimate; 30. That a thing once proved to exist continues as long as is usual with things of that nature; 31. That the law has been obeyed; 32. That a document or writing more than thirty years old is genuine, when the same has since been generally acted upon as genuine by persons having an interest in the question, and its custody has been satisfactorily explained; 33. That a printed or .published book, purporting to be printed or published by public authority was so printed or published; 34. That a printed or published book, purporting to contain reports of cases adjudged in tribunals of the State or country where the book is published, contains correct reports of such cases; 35. That a trustee or other person whose duty was to convey real property to a particular person has actually conveyed to him when such presumption is necessary to perfect the title of such person or his successor in interest; 36. That there was a good and sufficient consideration for a written contract; 37. When two persons perish in the same calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, the survivorship is presumed from the probabilities resulting from the strength and age of the sexes, according to the following rules: First. If both those who have perished were under the age of fifteen years, the older is presumed to have survived; Second. If both were above the age of sixty, the younger is presumed to have survived; Third. If one be under fifteen and the other above sixty, the former is presumed to have survived; Fourth. If both be over fifteen and under sixty, and the sexes be different, the male is presumed to have survived. If the sexes be the same, then the older; Fifth. If one be under fifteen or over sixty, and the other between those ages, the latter is presumed to have survived.

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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of July 4, 2026

CitationAct No. 190 Section 334 (LawPlayer, data as of July 4, 2026)

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

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