Philippine Bar review · Question

Practice question: Positive and Negative Evidence

Multiple Choice Medium

Practice question

A guard continuously observed the only entrance during the entire relevant period and reliably testifies no one entered. Another person says merely that he does not remember who entered while away. Must both be given identical weight because both use negative wording?
  1. Every negative account is excluded
  2. Yes; negative grammar requires identical weight
  3. Only the witnesses’ job titles matter
  4. No; opportunity and basis of observation differ
  5. A guard’s testimony always is conclusive

Legal references

  • A.M.19-08-15-SC, current Rules128,130 Sections1,21–22 and133 Sections1–5: https://lawphil.net/courts/rules/pdf/am_19-08-15-sc_2019.pdf
  • Gomez v. Gomez-Samson, G.R.156284, February6,2007, MAIN: https://www.lawphil.net/judjuris/juri2007/feb2007/gr_156284_2007.html

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