Philippine Bar review · Topic
Presumption Against Accused in Criminal Cases
Page 2 of practice questions on Presumption Against Accused in Criminal Cases in Burden of Proof and Presumptions (Rule 131). Browse published questions and…
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- Does Section6 make proof of a basic fact equivalent to automatic conviction on every element?
- A court uses an adverse presumption to establish intent, an offense element. Counsel calls it an administrative conveni…
- The State cites a valid presumption but presents no admissible evidence of its basic fact. It asks the judge to treat t…
- Three adverse presumptions are invoked, each resting on a basic fact not proved beyond reasonable doubt. The prosecutor…
- The basic fact and the covered presumed element meet both Section6 safeguards. Independent proof of a different essenti…
- A prosecutor presents a valid legal source for a presumption but no admissible proof of its basic fact. Explain the dis…
- Several adverse presumptions each lack the required basic foundation. Explain why their quantity does not automatically…
- A covered presumption properly establishes one offense element. Discuss the State’s claim that this necessarily proves …