Practice question
In a criminal case, a proposed presumption would negate an asserted defense. The prosecutor argues that Section 6 is irrelevant because the inference concerns a defense rather than an offense element, so an ordinary civil production rule is enough. Which is correct?
- Every defense-negating presumption is exempt from Section 6
- Section 6 expressly includes a presumed fact negating a defense and requires the stated beyond-reasonable-doubt foundation and inference
- The prosecutor may choose either civil or criminal standards
- An asserted defense automatically proves guilt
- Only the case caption determines the inference's reliability
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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