Philippine Bar review · Question

Practice question: Competent and Credible Evidence

Multiple Choice Hard

Practice question

A qualified expert's opinion is admitted. The opinion relies on inadequate data, uses an unexplained method, and does not show reliable application to the case. A party argues the expert's credentials compel full belief. Under Rule 133, Section 5, which is correct?
  1. Credentials automatically bind the judge
  2. The court must evaluate the data, principles, methods, and their reliable application in assigning weight
  3. An admitted expert opinion cannot be questioned
  4. Every expert opinion must be rejected regardless of basis
  5. The expert alone determines the judgment

Legal references

  • https://lawphil.net/courts/rules/pdf/am_19-08-15-sc_2019.pdf — A.M. No. 19-08-15-SC, current Rules 128 §3, 130 §§21–22, 131 §1, 133 §§1–2,4–6.
  • https://lawphil.net/judjuris/juri2013/dec2013/gr_182356_2013.html — Dela Llana v. Biong, G.R. No. 182356, December 4, 2013, MAIN decision (evidentiary facts, ultimate fact, and admissibility versus weight).
  • https://lawphil.net/judjuris/juri2025/apr2025/gr_265570_2025.html — People v. Akil, G.R. No. 265570, April 7, 2025, MAIN decision (police-initiated private questioning of a detainee and custodial confession).
  • https://lawphil.net/consti/cons1987.html — 1987 Constitution, Article III §§2–3,12,14 (exclusionary protections and due process).

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