Philippine Bar review · Question

Practice question: Opinion Rule

Multiple Choice Hard

Practice question

A witness describes a person shaking, crying and speaking rapidly after an event, based on direct observation. The opponent demands exclusion of all those impressions solely because the witness is not a psychiatrist. No complex diagnosis is offered. Which is correct?
  1. Section53 permits ordinary impressions of observed emotion, behavior and appearance
  2. Only psychiatrists may describe crying
  3. Any impression necessarily is a medical diagnosis
  4. The witness must prove causation before describing appearance
  5. All observation becomes inadmissible opinion

Legal references

  • A.M.19-08-15-SC, current Rule130 Sections25–36,51–53 and Rule128 Sections3–4: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html

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