Philippine Bar review · Question

Practice question: Opinion Rule

Multiple Choice Hard

Practice question

A stranger who briefly sees a person claims to diagnose a complex disorder requiring specialized expertise. The witness has no relevant training or experience and invokes Section 53's allowance for impressions of emotion or appearance. Which assessment is correct?
  1. Appearance impressions authorize every technical diagnosis
  2. All strangers automatically qualify as experts
  3. No foundation is needed if the statement is confident
  4. The ordinary-impression allowance does not itself establish competence to give that specialized diagnosis; the relevant expert foundation remains necessary
  5. Ordinary witnesses may never describe anything they perceive

Legal references

  • 2019 Revised Rules on Evidence, Rule 130 Sections 51–53 and Rule 133 Section 5: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html

Answer this question in flashcards to review your response and continue practicing.