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Philippine Bar review · Question

Practice question: Clear and Convincing Evidence

Multiple Choice Hard

Practice question

The applicant offers only a lawyer’s assurance of future attendance, with no showing establishing the required facts. Does uttering clear and convincing satisfy Olalia?
  1. No.
  2. Yes, reciting the phrase is itself evidence.
  3. Yes, counsel’s confidence automatically guarantees compliance.
  4. Yes, labels replace the applicant’s burden.
  5. Yes, no evidence of flight risk can ever be considered.

Legal references

  • Government of Hong Kong Special Administrative Region v. Olalia, G.R. No. 153675, April 19, 2007, EN BANC MAIN decision, extradition-bail clear-and-convincing standard and remand: https://lawphil.net/judjuris/juri2007/apr2007/gr_153675_2007.html

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