Practice question
A court uses an adverse presumption to establish intent, an offense element. Counsel calls it an administrative convenience and argues that description removes Section6. Which is correct?
- Only physical identity can be presumed
- A convenience label removes the safeguard
- Intent is never an element for Section6 purposes
- The element-establishing use remains covered
- The court may choose any evidentiary threshold
Legal references
- A.M.19-08-15-SC, current Rule131 Section6 and Rule132 Sections3,20–22: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
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