Philippine Bar review · Question

Practice question: Previous Conduct as Evidence

Multiple Choice Medium

Practice question

A party offers a prior act solely to argue, 'She did it once, so she must have done it this time.' No separate relevant purpose is identified. What does Section 35 provide?
  1. The bare similar-conduct inference is not a proper use
  2. The inference is always conclusive
  3. The prior act automatically shifts the ultimate burden of proof
  4. Every previous act must be admitted
  5. The opponent must admit the current claim

Legal references

  • 2019 Revised Rules on Evidence, Rule 130 Sections 35–36 and Rule 128 Sections 3–4: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html

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