De Castro added that Poblador cannot insist on invoking the presumption of law
in insisting that Poe, a foundling, is a natural born citizen.
He said that the presumption of law
applies in the case of Poe, who is a foundling or abandoned child found in Jaro Cathedral in 1968.
As we read the record, this case was tried on the theory that, even if criminal intent were essential, its presence (a) should be decided by the court (b) as a presumption of law
, apparently conclusive, (c) predicated upon the isolated act of taking, rather than upon all of the circumstances.
In Morris v Davies, Lord Lyndhurst had said that, "The presumption of law
is not lightly to be repelled.
It was, for example, much more than three hundred years ago that Sir Mathew Hale wrote: 'In presumption of law
every person is presumed of sane memory, unless the contrary be proved; and this holds as well in cases civil, as criminal'.
The presumption of law
, thus is that the appointing authority has discretion in the matter.
There is a general presumption of law
that the owner of land adjoining a highway is also owner of the soil of one-half of the highway, that is, up to the middle line.
A presumption of law
is a preliminary rule of law which may be made to disappear in the face of rebuttal evidence, but in the absence of such rebuttal evidence, compels a favorable ruling for the party relying thereupon.
that the act was against her will, and that the presumption of law
was so strong, as to amount to proof of force" (239).
The general presumption of law
must be that most requests from Christian people for a sacrament are opportune.
They are citizens at birth, for no other reason than that, by presumption of law
, they have Filipino parents.
Poe's unknown biological parents, therefore, cannot be considered Filipino citizens by mere presumption of law
or legal fiction.