Section 48.

 General rule. — The opinion of witness is not admissible, except as indicated in the following sections. (42)

Section 49. Opinion of expert witness. — The opinion of a witness on a matter requiring special knowledge, skill,
experience or training which he shown to possess, may be received in evidence. (43a)

Section 50. Opinion of ordinary witnesses. — The opinion of a witness for which proper basis is given, may be received in
evidence regarding —

(a) the identity of a person about whom he has adequate knowledge;

(b) A handwriting with which he has sufficient familiarity; and

(c) The mental sanity of a person with whom he is sufficiently acquainted.

The witness may also testify on his impressions of the emotion, behavior, condition or appearance of a person. (44a)

Section 5. Weight to be given opinion of expert witness, how determined. – In any case where the opinion of an expert
witness is received in evidence, the court has a wide latitude of discretion in determining the weight to be given to such
opinion, and for that purpose may consider the following:

(a) Whether the opinion is based upon sufficient facts or data;

(b) Whether it is the product of reliable principles and methods;

(c) Whether the witness has applied the principles and methods reliably to the facts of the case; and

(d) Such other factors as the court may deem helpful to make such determination. (n)

Expert witness qualifications are important so that they qualify for presenting testimony in court and explaining
confusing or complicated matters. However, to property qualify an expert for a case going to trial depends on the
state or federal matters and what type of expert’s knowledge is necessary for the courtroom.
Expert witnesses must possess certain qualities and characteristics in order to present testimony at trial. This may
require an in-depth interview process so that the lawyer satisfies all his or her questions. To ensure the expert is able to
perform in the courtroom, he or she must have reliable methods and come from an educational background related to
the subject matter of the case. Without these two requirements, the expert may face a challenge and lose. This would
disqualify the professional from being an expert in the claim. Then, the lawyer must start over to find the expert he or
she needs for the case.

What is an Expert Witness?

For evidence and understanding of the subject material, a professional has tasks to present testimony and opinions
based on fact and proof. His or her basis in determining certain relevance to the scene, defendant or plaintiff must meet
various qualifications. His or her job is to interpret, explain and unravel confusion with the evidence and other materials.
Then, he or she may ensure that the judge or jury has enough knowledge and details to deliberate properly. This may
also require the expert to explain liability issues, compensation and injuries of the victim. Working with the lawyer, it is
possible to successfully inform the courtroom of all relevant information.

What the Expert Must Perform

In order for an expert to fully qualify and his or her testimony to remain admissible, he or she must perform two
functions during his or her work with the case. There is a scientific process that requires gathering evidence, testing
materials and assessing and examining various factors of the claim. This is then put together for an opinion that may
provide a conclusion to the case. Then, the expert usually has a forensic function connected to the situation. He or she
will need to communicate with the lawyer about various elements of the case and testify in the courtroom before a
judge or jury.

To ensure his or her basic functions of the claim provide admissible testimony, the expert must remain relevant to the
subject matter. He or she cannot present testimony about something completely unrelated unless is directly pertains to
the case. The methods used by the professionals must have a rational basis with the perceptions of a person. His or her
processes also require help with the evidence in some manner. These procedures used must be reliable with proven
testing methods. A rate of error requires similar conclusions and needs to remain a small portion of the testing such as
the classical scientific five percent error rate.

Qualification for Trial

The expert must base his or her opinion on facts and perceptions of the details of the case. He or she may also express
an opinion of the entire claim by addressing the primary issue of the case. However, he or she should refrain from
commenting on the mental or emotional state of the victim or defendant. He or she should also keep opinions about any
field of study away from testimony to keep cross examination at a minimum in refuting his or her statements. Providing
a basis of opinion due to evidence is only necessary if the court requires it and the opposing legal counsel asks. Court
appointed expert witnesses may have other requirements such as different qualifications or education credentials.

The expert usually needs to have life experience, field involvement and education to be designated as an expert witness.
This may include a concentration of training, known techniques to use during the case and past work experience with
the system. Presenting testimony is important, and this may also require training or prepping. The professional must
come across as confident and knowledgeable. His information needs to remain concise and clear any confusion. This
helps the judge or jury to understand his or her details.

A Qualified Expert Witness for Trial

Many expert witnesses do not make it through qualification with a judge or opposing lawyer. Because of this, it is
important that any challenges satisfy the requirements necessary to pass through and for admissible testimony. The
lawyer will need to interview and check the professionals extensively.

How to Properly Qualify an Expert Witness during Trial

Expert witness qualifications are important so that they qualify for presenting testimony in court and explaining
confusing or complicated matters. However, to property qualify an expert for a case going to trial depends on the state
or federal matters and what type of expert’s knowledge is necessary for the courtroom.

Expert witnesses must possess certain qualities and characteristics in order to present testimony at trial. This may
require an in-depth interview process so that the lawyer satisfies all his or her questions. To ensure the expert is able to
perform in the courtroom, he or she must have reliable methods and come from an educational background related to
the subject mater of the case. Without these two requirements, the expert may face a challenge and lose. This would
disqualify the professional from being an expert in the claim. Then, the lawyer must start over to find the expert he or
she needs for the case.

What is an Expert Witness?

For evidence and understanding of the subject material, a professional has tasks to present testimony and opinions
based on fact and proof. His or her basis in determining certain relevance to the scene, defendant or plaintiff must meet
various qualifications. His or her job is to interpret, explain and unravel confusion with the evidence and other materials.
Then, he or she may ensure that the judge or jury has enough knowledge and details to deliberate properly. This may
also require the expert to explain liability issues, compensation and injuries of the victim. Working with the lawyer, it is
possible to successfully inform the courtroom of all relevant information.

What the Expert Must Perform

In order for an expert to fully qualify and his or her testimony to remain admissible, he or she must perform two
functions during his or her work with the case. There is a scientific process that requires gathering evidence, testing
materials and assessing and examining various factors of the claim. This is then put together for an opinion that may
provide a conclusion to the case. Then, the expert usually has a forensic function connected to the situation. He or she
will need to communicate with the lawyer about various elements of the case and testify in the courtroom before a
judge or jury.

To ensure his or her basic functions of the claim provide admissible testimony, the expert must remain relevant to the
subject matter. He or she cannot present testimony about something completely unrelated unless is directly pertains to
the case. The methods used by the professionals must have a rational basis with the perceptions of a person. His or her
processes also require help with the evidence in some manner. These procedures used must be reliable with proven
testing methods. A rate of error requires similar conclusions and needs to remain a small portion of the testing such as
the classical scientific five percent error rate.

Qualification for Trial

The expert must base his or her opinion on facts and perceptions of the details of the case. He or she may also express
an opinion of the entire claim by addressing the primary issue of the case. However, he or she should refrain from
commenting on the mental or emotional state of the victim or defendant. He or she should also keep opinions about any
field of study away from testimony to keep cross examination at a minimum in refuting his or her statements. Providing
a basis of opinion due to evidence is only necessary if the court requires it and the opposing legal counsel asks. Court
appointed expert witnesses may have other requirements such as different qualifications or education credentials.

The expert usually needs to have life experience, field involvement and education to be designated as an expert witness.
This may include a concentration of training, known techniques to use during the case and past work experience with
the system. Presenting testimony is important, and this may also require training or prepping. The professional must
come across as confident and knowledgeable. His information needs to remain concise and clear any confusion. This
helps the judge or jury to understand his or her details.

A Qualified Expert Witness for Trial

Many expert witnesses do not make it through qualification with a judge or opposing lawyer. Because of this, it is
important that any challenges satisfy the requirements necessary to pass through and for admissible testimony. The
lawyer will need to interview and check the professionals extensively.

MODULE I

1. Legal Medicine and Medical Jurisprudence

Q: Are these two terms synonymous?

If not, what are their distinctions?

2. Ordinary Physician and Medico-legal Officer

Q: If you are a licensed physician, are you automatically a medico-legal officer as well?

3. Application of Legal Medicine to Law

Q: Aside from criminal law, what other branches of law can legal medicine apply?

4. Corpus delicti

Q: In criminal cases, who has the burden of proof to prove corpus delicti?

5. Medical Evidence

Q: How is this different from ordinary evidence as defined in Rule 130 of the Rules of Court?

What are the forms of evidence?

6. Criminal Interrogation

Q: What is the Bluff on Split Pair Technique of Interrogation?

What is the Mutt & Jeff Technique?

7. Deception-detection

Q: What are methods used in deception-detection?

What is the effect of the inadmissibility of these methods to the resolution of the case?

8. Confessions and admissions

Q: What is the difference between an admission and a confession?

Is an extrajudicial confession a sufficient ground to convict the accused?

Property of and for the exclusive use of Saint Louis University. Reproduction, storing in a retrieval system, distributing,
uploading or posting online, public display or performance, or creating a derivative work, or transmitting in any form or
by any means, electronic, mechanical, photocopying, recording, or otherwise of any part of this document, without the
prior written permission of Saint Louis University, is strictly prohibited. All rights reserved. 2021.

9. Ordinary Testimony v. Expert Testimony

Q: May an ordinary witness base his testimony on his opinion?

How do you qualify an expert witness?

List six sections of the lab or types of criminalists described in the tour.

●Firearms and Tool Mark Unit

●Forensic Imaging Unit

●Latent Prints Unit

●Trace Evidence Unit

●Forensic Biology and DNA Unit

●Crime Scene Unit

●Forensic Chemistry Unit

●Forensic Quality Assurance Unit

2.Describe three types of evidence and how they are examined or tested in two sections on the tour (so 6 total pieces of
evidence.)

●Fingerprints- in the Latent Prints Unit, they use a superglue chamber to discover hidden prints. In the crime scene Unit,
they are tested by a powder on the scene

●Pictures and Video Footage - the Forensic Imaging Unit will go through video footage and enhance different pictures to
reveal specific characteristics of the individual in question. The Crime Scene Unit will be the people taking pictures at the
crime scene to

MODULE II

MODULE III

1. Legal Presumption of Death

a. Sec. 5, Rule 131, Rules of Court

Section 5. Presumptions in civil actions and proceedings. – In all civil actions and proceedings not otherwise provided for
by the law or these Rules, a presumption imposes on the party against whom it is directed the burden of going forward
with evidence to rebut or meet the presumption. If presumptions are inconsistent, the presumption that is founded
upon weightier considerations of policy shall apply. If considerations of policy are of equal weight, neither presumption
applies. (n)

Section 6. Presumption against an accused in criminal cases. – If a presumed fact that establishes guilt, is an element of
the offense charged, or negates a defense, the existence of the basic fact must be proved beyond reasonable doubt and
the presumed fact follows from the basic fact beyond reasonable doubt. (n)

Article 390

After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for
all purposes, except for those of succession.

The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If
he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession
may be opened. (n)

The law lays down the presumption of death of a person after an absence of seven (7) years, provided that it is unknown
whether he still alive or not. In that case, he is presumed dead for all purposes, except the opening of succession.

However, if he has been absent for ten (10) years or more, he shall be presumed dead for all purposes, including the
opening of his succession.

But if the person disappears after the age of seventy five (75) years, he shall presumed dead after an absence of five
years, including of his succession. Because due to his old age, he is presumed dead after 5 years and less likely that he
will survive longer.
May a person be declared presumptively dead? No, as a general rule, because:

it would be useless to make such declaration, since it is already declared by law;

the judgment would never really become final, since the person involved may actually turn out to be still alive.

Article 391

The following shall be presumed dead for all purposes, including the division of the estate among the heirs:

A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for
four years since the loss of the vessel or aeroplane;

A person in the armed forces who has taken part in war, and has been missing for four years;

A person who has been in danger of death under other circumstances and his existence has not been known for four
years. (n)

The reason why a person is presumed dead under these circumstances provided in Article 391 is the great possibility
that the person is dead after years from the time of the loss of the vessel or other catastrophe.

Rules:

The period of four (4) years in Article 391, NCC has been reduced to two years under Article 41 of the Family Code, for
purposes of remarriage, but the present spouse has to go to court in a summary proceeding for purposes of having the
absent spouse declared presumptively dead so that he/she can contract a subsequent marriage. If the present spouse
does not go to court for that purpose and contracts a subsequent marriage, the same is void and bigamous.

Article 391, NCC governs extraordinary absence. From the language of the law, the period of four (4) years shall be
reckoned at the beginning of the period pursuant to that decision of the Court of Appeals in Judge Adbocate General v.
Gonzales, et al., 48 O.G. 12, p. 5329.

The presumption of death of persons aboard a vessel lost during a sea voyage, applies to cases wherein the vessel
cannot be located nor accounted for, or when its fate is unknown or there is no trace of its whereabouts, inasmuch as
the word “lost” used in referring to a vessel must be given the same meaning as “missing” employed in connection with
an aeroplane, the persons taking both means of conveyance being the object of the rule expressed in the same
sentence.

If the absentee appears or his presence is proved, he can recover his properties and the price of any properties that may
have been alienated or the properties acquired therewith. He cannot, however, claim any fruits or rents.

The reason is because the possessor is presumed to be in good faith, and if that is so, he is entitled to the fruits of the
properties in his possession.
The term “vessels” or “aeroplanes” include watercraft, and all aircrafts respectively. But the lost of the vessel must be
during a sea voyage. This will include not only voyages in the open sea, but also passage along the mouths of rivers,
canals in the course of such voyage. However, trips which are only in inland waters are not included.

War includes military operations or undertakings in armed fight. The presumption of death applies to soldiers as well as
employees rendering services to the armed forces like doctors, nurses, as well as those who render voluntary services
like guerillas, as well as reporters, cameramen and photographers. However, it is not enough that the disappearance of
such persons be during wartime, it is necessary that it be during military operation. The disappearance of a person in the
armed forces during wartime or military operations for four (4) years, may be declared presumptively dead.

Other circumstances where there is danger would include such events as earthquakes, fires, explosions, inundations,
dangerous expeditions, cave-ins of mines, volcanic eruptions, landslides, etc. In such cases, the death should be
considered to have taken place on the day of the danger; and it is also from this day that the four-day period is to be
computed. If the danger continues for several days, there are some who believe that the period should be counted from
the day the danger commenced. It has, however, been said that the more logical view seems to be that the period
should be computed from the last day of danger; in case of expeditions and similar adventures of which nothing is heard
of after it has started, the date when it should have been computed, if favorably concluded, is to be taken into account.

Article 392

If the absentee appears, or without appearing his existence is proved, he shall recover his property in the condition in
which it may be found, and the price of any property that may have been alienated or the property acquired therewith;
but he cannot claim either fruits or rents. (194)

The law provides for the effect of reappearance or proof of existence of the person presumed dead. When a person was
presumed dead and his estate was distributed in accordance with law or his will, but he reappears, the, he can recover
the properties in the condition they may be found, or the price thereof, if they have been sold or alienated, but he
cannot claim the fruits or rents. The reason is that the distributees and heirs are in good faith. Under Article 544 of the
Civil Code, a possessor in good faith is entitled to receive the fruits of the thing in his possession. But the moment he
reappears, the possessor would no longer be entitled to receive the fruits, as they would then redound to the benefit of
the owner. There would also be interruption of the possession in good faith.

In the Family Code, when the present spouse contracts a subsequent marriage after judicial declaration of presumptive
death of the absentee spouse, and there is an affidavit of reappearance that is registered by an interested person in the
proper civil registry, with notice to the parties of the second marriage, the latter shall be considered as automatically
terminated, without prejudice to the right of the present spouse to question such reappearance. It is believed that if the
absent spouse physically reappears, the subsequent marriage would still be terminated. This is because of the fact that if
constructive reappearance by way of the registration of the affidavit of reappearance is enough, then with more reason
physical reappearance should terminate the subsequent marriage. The added reason is that, in case an affidavit of
reappearance is registered, the present spouse can question the fact of reappearance.

ABSENCE. The word “absence” in the rule that a presumption of death is raised by the “absence” of a person from his
domicile when unheard of for seven years, means that a person is not at the place of his domicile and his actual
residence is unknown, and it is for this reason that his existence is doubtful, and that, after seven years of such absence,
his death is presumed.

PRESUMPTION OF DEATH. Article 390 creates the presumption of death. Except for purposes of remarriage under Article
41 of the Family Code, there is no need for filing a case to declare that one is presumptively dead.

PERIOD. For purposes of remarriage under Article 41 of the Family Code, four consecutive years is enough for a person
to be judicially declared presumptively dead. For other purposes, there is no need of a judicial declaration but the
required period for one to be presumed dead is seven years except for the opening succession. In the latter case, an
absence of 10 years is mandated by law except when the person disappeared after the age of 75 years in which case an
absence of five years is enough. In these cases, the person shall be presumed dead at the end of the seven-year period.

However, if the disappearance occurred under dangerous circumstances as specified in Article 391, the period is
shortened to four years for all purposes including the division of the estate among the heirs but excluding the situation
under Article 41 of the Family Code with respect to the present spouse wanting to remarry, in which case a judicial
declaration of presumptive death is needed and the period is shortened to two years.

MISSING PERSON. Article 391 describes situations where a person has been missing under dangerous circumstances. In
this regard, it has been held that Article 391 cannot apply to a person who accidentally fell into the sea while on board a
vessel and consequently drowned. This is so because “the vessel was not lost during a sea voyage” in such a particular
case (Caltex v Villanueva, 2 SCRA 897). In the same vein, therefore, if a person cannot be found in a wreckage of an
airplane which crashed, Article 391 will not apply because the airplane is not missing. In case if Article 391 (2), the
person subject of inquiry must have “taken part in the war”. Relevantly, in case Article 391 is applicable in a particular
situation, it shall be presumed that the person died at the time when he was last heard of and not at the end of the
period.

2. Sec. 3, Rule 131, Rules of Court

Section 3. Disputable presumptions. – The following presumptions are satisfactory if uncontradicted,

but may be contradicted and overcome by other evidence:

(w) That after an absence of seven [(7)] years, it being unknown whether or not the absentee still lives, he or she is
considered dead for all purposes, except for those of succession.

The absentee shall not be considered dead for the purpose of opening his or her succession until after an absence of ten
[(10)] years. If he or she disappeared after the age of seventy-five [(75)] years, an absence of five [(5)] years shall be
sufficient in order that his or her succession may be opened.

The following shall be considered dead for all purposes including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aircraft which is missing, who has not been heard of for
four [(4)] years since the loss of the vessel or aircraft;

(2) A member of the armed forces who has taken part in armed hostilities, and has been missing for four [(4)] years;

(3) A person who has been in danger of death under other circumstances and whose existence has not been known for
four [(4)] years; and

(jj) That except for purposes of succession, when two [(2)] persons perish in the same calamity, such as wreck, battle, or
conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be
inferred, the survivorship is determined from the probabilities resulting from the strength and the age of the sexes,
according to the following rules:

1. If both were under the age of fifteen [(15)] years, the older is deemed to have survived;

2. If both were above the age of sixty [(60)], the younger is deemed to have survived;

3. If one is under fifteen [(15)] and the other above sixty [(60)], the former is deemed to have survived;

4. If both be over fifteen [(15)] and under sixty [(60)], and the sex be different, the male is deemed to have survived, if
the sex be the same, the older; and

5. If one be under fifteen [(15)] or over sixty [(60)], and the other between those ages, the latter is deemed to have
survived;

(kk) That if there is a doubt, as between two [(2)] or more persons who are called to succeed each other, as to which of
them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, they
shall be considered to have died at the same time. (3a)

3. Importance of Death Determination:

a. Art. 22, Civil Code

Art. 22. Every person who through an act of performance by another, or any other means, acquires or comes into
possession of something at the expense of the latter without just or legal ground, shall return the same to him.

b. Art. 1830, Civil Code

C. Art. 87, RPC

4. Kinds of Death

5. Signs of Death

Changes in the body following the death

a. Changes in the muscle

-there is complete relaxation of the whole muscular system;
-entire muscular system is contractile for 3-6 hours after death, and later rigidity sets in;
-secondary relation of muscles will appear when decomposition sets in

Three stages after death in the muscles occurs:

1. Stage of primary flaccidity
-post mortem muscular irritability
-muscles are relaxed and capable of contracting when simulated
-pupils are dilated
-sphincters are relaxed with incontinence in urination and defection
 -normally, muscles are still contractile and react to external stimli, mechanical or electrical owing to the
presence molecular life after somatic death.
2. Stage of post mortem rigidity (cadaveric rigidity or rigor mortis)
Rigor mortis
Whole body becomes rigid de to musclar contract which develop 3-6 hrs after death and may last for 24-36
hrs.
pupils are dilated
3. Stage of secondary flaccidity of secondary relaxation