Practice question
Explain the factual foundation and rebuttable character of the Section 5 presumption of fencing. Apply your answer where the prosecution fails to prove that the accused's bicycle is the one allegedly stolen.
Legal references
- https://lawphil.net/statutes/presdecs/pd1979/pd_1612_1979.html — Section 5.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/67508 — Lopez v. People, G.R. 249196, April 28, 2021, main opinion.
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