Philippine Bar review · Question

Practice question: Presumption Against Accused in Criminal Cases

Multiple Choice Hard

Practice question

A criminal court has serious gaps in the State's proof identifying the accused. It invokes official regularity and the accused's failure to testify as automatic substitutes for proving the basic facts and the guilt-establishing inference beyond reasonable doubt. Which is sound?
  1. Official regularity always conclusively establishes identity
  2. Silence automatically supplies every missing element
  3. The presumption of innocence ends whenever an officer testifies
  4. The court must enforce Section 6 and the prosecution's criminal burden; these shortcuts do not automatically cure the evidentiary gaps
  5. The accused must prove the officers lied beyond reasonable doubt

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).
  • https://lawphil.net/judjuris/juri2025/apr2025/gr_265570_2025.html — People v. Akil, G.R. No. 265570, April 7, 2025, MAIN decision (police-initiated private questioning of a detainee and custodial confession).

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