Philippine Bar review · Question

Practice question: Positive and Negative Evidence

Multiple Choice Medium

Practice question

An expert explains from reliable examination why the sequence of signature and typing cannot be determined. Another expert confidently asserts a sequence using a weaker method. Does the affirmative conclusion automatically prevail?
  1. Yes, confidence is conclusive
  2. Yes, an inconclusive opinion must always be excluded
  3. Yes, methods never matter
  4. Yes, every negative formulation is worthless
  5. No, Gomez requires careful assessment of the processes and supporting bases

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

Answer this question in flashcards to review your response and continue practicing.