Philippine Bar review · Question

Practice question: Presumption Against Accused in Criminal Cases

Multiple Choice Hard

Practice question

The basic fact and the covered presumed element meet both Section6 safeguards. Independent proof of a different essential element is absent. The State claims Section6 now mandates conviction. Which is correct?
  1. One established element automatically proves all others
  2. Satisfying the covered presumption does not supply the unrelated missing element
  3. Section6 abolishes every remaining burden
  4. A valid presumption is a final judgment
  5. The accused must prove the missing element false

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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