Practice question
Identical disputed expert opinions reach two courts. Both apply Rule133 Section5’s listed factors but evaluate the reliable factual foundations differently on their respective records. Counsel argues uniformity compels the same credibility finding regardless of the record. Which is correct?
- Uniformity requires mechanically identical credibility findings
- Uniformity of governing standards does not abolish judicial evaluation of the actual record
- Every admitted expert opinion is conclusive
- Only the first judge may assess all later opinions
- The second court must disregard its own evidence
Legal references
- A.M.19-08-15-SC, 2019 amended Rules on Evidence, effective May1,2020, Rules128,130,131 and133: https://lawphil.net/courts/rules/pdf/am_19-08-15-sc_2019.pdf
Answer this question in flashcards to review your response and continue practicing.