OPINION RULE

1. OPINION RULE

2. OPINION RULE Sec. 49: Opinion of expert witness. Rules: Definition: • an inference or conclusion drawn by a witness from facts, some of which are known to him and others assumed, or drawn from facts, which although lending probability to theinference do not evolve it by a process of absolutely necessary reasoning Requisites: • Expert – One possessing, in regard to a particular subject or department of human activity, knowledge not usually acquired by other persons. His qualification as such must be established before he is allowed to testify. • Value of expert testimony: Courts may place whatever weight they choose on such testimony depending largely on the value of assistance and guidance they furnish the court. 1. General Rule: The opinion of witness is not admissible. Exceptions: • Opinion of expert witness (Sec. 49) • Opinion of ordinary witness (Sec.50). 2. Statement of fact as distinguished from an expression of opinion – The former is susceptible of exact knowledge while the latter is not. • a. The subject under examination must be one that requires the court of the aid of knowledge or experience such as men not especially skilled do not have, and cannot be obtained from the ordinary witness; • b. The witness must possess the knowledge, skill, experience or training needed to inform the court regarding the particular case; and • c. The testimony must be with regard to a fact in issue.

3. OPINION RULE Sec. 50: Opinion of ordinary witnesses. Matters on Which an Ordinary Witness May Testify • 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. 1. The identity of a person about whom he has adequate knowledge; 2. A handwriting with which he has sufficient familiarity; and 3. The mental sanity of a person with whom he is sufficiently acquainted. The witness may also testify on his impressions of the emotion, behavior, condition or appearance of a person However, it must be limited to those opinions or inferences which are rationally based on the perception of the witness and helpful to a clear understanding of his testimony or the determination of the fact in issue.

4. Definition: CHARACTER EVIDENCE Rules: 1. Character – the aggregate of the moral qualities which belong to and distinguish an individual person; the general result of one’s distinguishing attributes; the estimate attached to an individual or thing in the community. 2. Good moral character – Includes at least common honesty; an absence of proven conduct or act which has been traditionally considered as a manifestation of moral turpitude. 3. Bad moral character – It connotes conduct that shows indifference to themoral norms of society and the opinion of good and respectable members of the community. gives evidence of his good moral character, the prosecution may not introduce evidence of or otherwise seek to establish his bad character. • 3) The good or bad moral character of the offended party may be proved if it tends to establish in any reasonable degree the probability or improbability of the offense charged. On a charge of rape, the character of the woman is not ordinarily directly in issue, but evidence of previous unchastity may be circumstantially relevant and admissible on the question of her consent, where absence of consent is an essential element of the crime. • Criminal Cases • 1) The accused may prove his good moral character which is pertinent to the moral trait involved in the offense charged. Thus, one charged with theft might offer evidence of honesty, while someone accused of murder might show that he is peaceful, but not vice versa. • 2) Unless in rebuttal, the prosecution may not prove his bad moral character which is pertinent to the moral trait involved in the offense charged. Unless and until the accused