What is opinion?

Opinion - is an inference or conclusion drawn from facts observed.

What is opinion evidence or testimony?

Opinion evidence or testimony refers to evidence of what the witness
thinks, believes, or infers in regard to facts in dispute.

Is the opinion of a witness admissible in evidence?

As a general rule, the opinion of witness is not admissible.

What are the exceptions to opinion rule?

1. Opinion of expert witness (sec 52)
2. Opinion of ordinary witness ( sec 53)

Who is an expert witness?

A person who by study or experience has acquired particular knowledge
or experience upon matters of technical knowledge and skill relating to a
specific business or employment.

Is there a definite standard in determining the degree of skill or

knowledge that a witness must possess in order to testify as an expert?
None. It is sufficient that the following factors are present:
A) Training and education;
B) Particularity or first-hand familiarity with the facts of the case; and
C) Presentation of the authorities or standards upon which the opinion is
based.

Probative Value of Expert Testimony

Courts are not bound by the findings or opinions of the expert. Their
evidence is not conclusive, but merely advisory.

CASE :TURADIO C. DOMINGO VS. JOSE C. DOMINGO ET AL.

G.R. No. 150897, FIRST DIVISION, April 11, 2005, QUISUMBING, J.

Forms of Question on Direct Examination of Expert Witnesses

1. Facts personally known to the expert or about which he has first-
hand knowledge.- where the expert witness is required to give an opinion
based upon facts which he personally knows, he must first state those facts
before giving an opinion thereon.

2. Opinion based on facts about which he has no personal

knowledge or first-hand knowledge - if the expert has no personal
knowledge of the facts, they should be given to him hypothetically.

Hypothetical question
A proper hypothetical question places before the expert witness assumed
facts which have been proved. It then calls for an opinion based thereon.
Opinion of an ordinary witness or Lay Witness

Ordinary Opinion Evidence

That which is given by a witness who is of ordinary capacity and who has
by opportunity acquired a particular knowledge which is outside the limits of
common observation and which may be of value in elucidating a matter under
consideration.

General Rule: Opinion of an ordinary witness cannot be received as

evidence.
Exception: The opinion of an ordinary witness is admissible:
1. If proper basis is given, and
2. Regarding:
a. Identity of a person about whom he/she has adequate
knowledge;
b. Handwriting with which he/she has sufficient familiarity;
c. Mental sanity of a person with whom he/she is sufficiently
acquainted; and
d. Impressions of the
i. emotion,
ii. behavior,
iii. condition, or
iv. appearance of a person [Sec. 53, Rule 130]

IDENTITY OF A PERSON ABOUT WHOM HE HAS ADEQUATE

KNOWLEDGE - a person may be identified by his voice, his left-handedness,
his residence, his personal history at college.

HANDWRITING WITH WHICH HE HAS SUFFICIENT FAMILIARITY

The ordinary witness must be acquainted with the characteristics of the
handwriting of a person. He may only draw on the knowledge which he
already has, and which enables him to recognize the handwriting.

MENTAL SANITY OF A PERSON WITH WHOM HE IS SUFFICIENTLY

ACQUAINTED
These are allowed where the witness can adequately describe the
actions, looks or symptoms of a person’s sanity or insanity which is
impossible for the court to determine.

IMPRESSIONS OF THE EMOTION, BEHAVIOR, CONDITION OR

APPEARANCE OF A PERSON
The rule recognizes instances when a witness may be permitted to state
his inferences that are drawn from minute facts and details which the witness
cannot fully and properly describe in court. Such expressions are expressed
to the countenance, the eye and the general manner and bearing of the
individual; appearance which are plainly enough recognized by a person of
good judgment, but which he cannot otherwise communicate by an
expression of results in the shape of an opinion.