WITNESS
Witness defined
• Witness in court may be an ordinary or expert
• Under the law, an ordinary witness must have
the following qualifications:
1. He must have the organ and power to
perceive
2. Perceiving can make known his perception to
others
3. He does not fall in any of the exception
provided for by law, 123 Rules of Court
• Testimony of an expert witness
- Opinion of a witness regarding a question of
science, art or trade, where he is skilled therein,
may be received in evidence
Distinctions between an Ordinary and
an Expert Witness
ORDINARY WITNESS EXPERT WITNESS
Can only state what his senses State what he has perceived
have perceived and also give his opinion,
deductions or conclusions to
his perception
May not be skilled on the line Must be skilled in the art or
he is testifying trade he is testifying
Cannot testify on things or fact Testify on things which he has
he has not perceived except not seen by giving his opinions,
those provided for by law deductions or conclusions on
the statements of facts
Probative Value of Expert Testimony
• Whether courts are or are not bound by the
testimony of an expert depends upon the
nature of the subject of inquiry
• If the subject of inquiry comes within the
general knowledge of the judge, the latter will
not be bound by the conclusion of the expert.
For instance, when the subject of inquiry is
genuineness of a handwriting as compared to
a standard.
• When the subject of inquiry is of such a nature
that a layman can have no knowledge thereof,
as for instance, the determination of
parentage through DNA test, the court must
depend on the result of the examination of an
expert.
Qualifications of an Expert Witness
• Degree of learning of the witness
• Basis and logic of his conclusion
• Other proof of case
