Philippine Bar review · Topic
Presumption Against Accused in Criminal Cases
Explore Presumption Against Accused in Criminal Cases in Burden of Proof and Presumptions (Rule 131) for the Philippine Bar. Browse subtopics and published…
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Practice questions
- Current Rule 131, Section 6 applies when a presumed fact against an accused does which of the following?
- Under Section 6, what standard must establish the existence of the basic fact supporting the covered criminal presumpti…
- After the basic fact is established, how must the covered presumed fact follow under Section 6?
- The prosecutor relies on a presumed offense element, but the basic fact supporting it is shown only by a weak probabili…
- A basic fact is proved beyond reasonable doubt, but several reasonable explanations remain and the proposed presumed fa…
- In a criminal case, a proposed presumption would negate an asserted defense. The prosecutor argues that Section 6 is ir…
- A criminal court has serious gaps in the State's proof identifying the accused. It invokes official regularity and the …
- State the two beyond-reasonable-doubt safeguards in current Rule 131, Section 6 and identify when they apply.
- Why is proof of the basic fact alone not always enough to support a criminal presumption against the accused?
- Compare the default civil-presumption rule in Section 5 with the safeguard for presumptions against an accused in Secti…
- Does calling a guilt-establishing presumed fact merely a shortcut dispense with Rule131 Section6?
- Does the number of authorities cited for a presumption itself prove the basic historical fact?