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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSVII. EVIDENCE (A.M. No. 19-08-15-SC)B. Kinds3. Testimonial Evidence - Rule 130, Cf. Opinion - Sections 51-53

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Question

Subject: Testimonial Evidence - Rule 130, C


Scenario:

John is a witness in a criminal trial. He is called to testify regarding his observations of the defendant's behavior on the night of the alleged crime. During his testimony, John offers an opinion on the defendant's state of mind based on his observations. The defense objects, arguing that John's opinion is inadmissible.

Question:

  1. Is John's opinion admissible as testimonial evidence under Rule 130, Section C of the Philippine Rules of Evidence? Explain why or why not, citing relevant provisions of the law.

Answer

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