Philippine Bar review · Question

Practice question: Positive and Negative Evidence

Multiple Choice Medium

Practice question

One credible witness clearly observes a delivery. Another, distracted in a different room, says only that no delivery was noticed. What factor supports giving the eyewitness's affirmative account greater weight?
  1. The eyewitness is automatically infallible
  2. The distracted witness is legally forbidden to testify
  3. The eyewitness's actual opportunity and affirmative perception, contrasted with mere nonobservation
  4. The court must count words rather than assess evidence
  5. The delivery is proved solely because the claim is affirmative

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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