Practice question
The prosecutor relies on a presumed offense element, but the basic fact supporting it is shown only by a weak probability, not beyond reasonable doubt. Can a strong-sounding statement of the presumption cure that missing foundation?
- Yes; announcing the presumption proves its foundation
- Yes; only civil proof is ever required
- No; Section 6 requires the basic fact itself to be proved beyond reasonable doubt
- Yes; the accused must supply the missing prosecution proof
- No; therefore every criminal presumption is categorically forbidden
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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