Philippine Bar review · Question

Practice question: Preponderance of Evidence

Multiple Choice Hard

Practice question

Two admitted expert reports conflict. May the judge evaluate data sufficiency and reliable application rather than simply award victory to the more expensive expert?
  1. No, fee size is the legally controlling factor.
  2. Yes.
  3. No, conflicting experts always require dismissal without evaluation.
  4. No, expert evidence removes judicial discretion.
  5. No, the report delivered last necessarily wins.

Legal references

  • A.M. No. 19-08-15-SC, 2019 Amendments to the Revised Rules on Evidence, effective May 1, 2020; Rules 131-133, specifically the cited sections: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html

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