Philippine Bar review · Question

Practice question: Amparo (AM 07-9-12-SC)

Multiple Choice Medium

Practice question

A public respondent relies solely on the presumption that official duty was regularly performed. Is this sufficient under section 17?
  1. Yes, the presumption is conclusive.
  2. No; the official must prove extraordinary diligence and cannot use that presumption to evade responsibility.
  3. Yes, unless an information has been filed.
  4. Yes, if the official holds high office.
  5. No; the official must admit wrongdoing.

Legal references

  • https://lawphil.net/judjuris/juri2023/jul2023/gr_254753_2023.html — Deduro v. Vinoya, G.R. 254753, July 4, 2023, main opinion; Amparo Rule sections 1, 6 and 18.
  • https://lawphil.net/judjuris/juri2018/jan2018/gr_221862_2018.html — Bautista v. Dannug-Salucon, G.R. 221862, January 23, 2018, main opinion; Amparo Rule section 17.

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