Practice question
A party fails to produce a document because it was destroyed in an independently proved accidental flood, with no willful suppression established. The opponent says Section 3(e) automatically requires an adverse presumption whenever any document is missing. Which is correct?
- Any missing document is conclusively adverse
- Accidental loss is always intentional concealment
- The presumption needs no factual predicate
- The listed presumption concerns evidence willfully suppressed; mere absence on these facts does not establish that predicate
- The opponent may treat the document's imagined contents as proved
Legal references
- https://lawphil.net/courts/rules/pdf/am_19-08-15-sc_2019.pdf — A.M. No. 19-08-15-SC, current Rule 131 §§1–3,5–6; Rule 133 §§1–2.
- https://lawphil.net/consti/cons1987.html — 1987 Constitution, Article III §§2–3,12,14 (exclusionary protections and due process).
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