Practice question
In a documentary dispute, an expert's careful, source-supported analysis finds no scientifically defensible answer to the sequence of writing. The opponent offers a positive conclusion inconsistent with the shared technical authorities. Under Gomez, what is the proper approach?
- Choose the positive conclusion solely because it is categorical
- Treat the expert unable to conclude as necessarily dishonest
- Ignore the methods because both witnesses are experts
- Compare methods, reasoning and support; the better-supported inconclusive opinion may deserve more weight
- Decide by which party paid a larger expert fee
Legal references
- Gomez v. Gomez-Samson, G.R. No. 156284, February 6, 2007; People v. Lastimosa, G.R. No. 265758, February 3, 2025, main decisions.
- Reviewed primary authority, Main decision, qualified positive-negative weight and expert methods: https://www.lawphil.net/judjuris/juri2007/feb2007/gr_156284_2007.html
- Reviewed primary authority, Main decision, credible positive identification versus bare denial: https://lawphil.net/judjuris/juri2025/feb2025/gr_265758_2025.html
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