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Opinion Of Ordinary Witness




Ordinary Opinion Evidence
that which is given by a witness who is of ordinary capacity
and who has by opportunity acquired a particular knowledge which
is outside the limits of common observation and which may be of
value in elucidating a matter under consideration.


Ordinary witness: 
If proper basis is given, and regarding: (Rule 130, Sec.50)
1. Identity of a person about whom he has adequate knowledge
2. Handwriting with which he has sufficient familiarity
3. Mental sanity of a person with whom he is sufficiently
   acquainted
4. Impressions of the emotion/behavior/condition/appearance of
   a person.


Bar Exam 2004
Hearsay Evidence vs. Opinion Evidence
Hearsay evidence and opinion evidence.

Suggested Answer:
Hearsay evidence consists of testimony that is not based on
personal knowledge of the person testifying,(see Sec.36,Rule 130)

While opinion evidence is expert evidence based on the personal
knowledge skill, experience or training of the person testifying
and evidence of an ordinary witness on limited matters.

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