Practice question
A complainant reports a stolen bicycle. The accused possesses a bicycle of the same brand, but the prosecution does not establish that it is the stolen bicycle; serial numbers and distinctive parts materially differ. The prosecutor relies solely on Section 5 to fill this gap. What follows under Lopez v. People?
- The same brand alone conclusively establishes identity.
- The presumption supplies the missing factual foundation.
- The accused must be convicted because he owns any bicycle.
- The presumption cannot operate without establishing that the possessed item is the stolen property.
- The defense must prove innocence beyond reasonable doubt.
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/67508 — Lopez v. People, G.R. 249196, April 28, 2021, main opinion.
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