Philippine Bar review · Question

Practice question: Positive and Negative Evidence

Multiple Choice Easy

Practice question

How should the general preference for credible positive testimony over a bare denial be understood?
  1. As a qualified rule of weight, not an automatic substitute for credibility assessment
  2. As proof that every affirmative accusation is true
  3. As a rule excluding all negative evidence
  4. As a rule convicting every accused who denies guilt
  5. As a rule abolishing the burden of proof

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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