Philippine Bar review · Question

Practice question: Presumption Against Accused in Criminal Cases

Multiple Choice Medium

Practice question

The State cites a valid presumption but presents no admissible evidence of its basic fact. It asks the judge to treat the citation as factual proof. Which is correct?
  1. The judge must assume all predicates true
  2. Every valid presumption proves its own predicate
  3. The defense must disprove every missing basic fact
  4. Only the prosecutor’s good faith matters
  5. A legal source does not establish the required historical predicate

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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