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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSVII. EVIDENCE (A.M. No. 19-08-15-SC)A. Key Concepts8. Presumptions - Rule 131

Question

Review Question A: Presumptions - Rule 131

1. Jerry was charged with theft after being caught on CCTV stealing a mobile phone from a store. The prosecution presented evidence that Jerry was near the location of the store at the time of the theft, had a criminal record, and was seen on the CCTV footage taking the phone. The defense argues that there is not enough evidence to prove Jerry's guilt beyond a reasonable doubt. Discuss the presumption that may apply in this case and its impact on the burden of proof.

2. Maria filed a case against her ex-husband, John, for child support. Maria presented evidence that she is the custodial parent of their child, and that John has not been providing financial support as agreed upon in their divorce decree. John argues that he is financially unable to pay child support due to his current unemployment. Identify the presumption that may apply in this case and explain its relevance to the burden of proof.

3. Sam was accused of committing libel against his neighbor, Alex, on social media. Alex presented screenshots of the defamatory posts made by Sam, along with witness testimonies from individuals who saw the posts. Sam denies making the posts and claims that his social media account was hacked. Discuss the presumption that may be invoked in this situation and its impact on the burden of proof.

  1. Discuss the presumption of innocence under Rule 131.
  2. Explain the presumption of legitimacy under Rule 131.
  3. Identify and discuss any other relevant presumptions under Rule 131 and their impact on the burden of proof.



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Bar Review Question: Review Question A: Presumptions - Rule 131 1. Jerry was charged with theft after being caught on C