Philippine Bar review · Question

Practice question: Positive and Negative Evidence

Multiple Choice Hard

Practice question

A prosecution witness asserts a positive identification, but the record shows the witness could not see the offender and the account leaves reasonable doubt. The accused gives only a denial. May the court convict solely because positive testimony always beats denial?
  1. Yes, the word positive ends the inquiry
  2. No, the prosecution must still establish credible identification and guilt beyond reasonable doubt
  3. Yes, every denial waives innocence
  4. Yes, all affirmative claims are conclusive
  5. No, because negative evidence always wins

Legal references

  • Gomez v. Gomez-Samson, G.R. No. 156284, February 6, 2007; People v. Lastimosa, G.R. No. 265758, February 3, 2025, main decisions.
  • Reviewed primary authority, Main decision, qualified positive-negative weight and expert methods: https://www.lawphil.net/judjuris/juri2007/feb2007/gr_156284_2007.html
  • Reviewed primary authority, Main decision, credible positive identification versus bare denial: https://lawphil.net/judjuris/juri2025/feb2025/gr_265758_2025.html

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