CASE DIGEST: EVIDENCE

Cecille Carmela delos ReyesPCU- College of Law

Case Title: Lopez v. HessenCitation: G.R. 70642Nature: On relevance of evidences

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FACTS:

Hessen was an air force officer who purchased a JC Higgins model rifle from Sears. He was givenan instruction pamphlet which explains the composition of rifle and gave operating instructionsto shift the rifle from "fire" to "safe".

He left for a deer hunting trip in which he accidentally shoot Lopez who happens to be nearbyafter his rifle itself moved its gear from safe to fire.

As a result, Lopez filed for damages. In defense, the owner of Sears presented the followingevidences: (1) expert testimony on the general reputation of other firearms, (2) expert testimonyon the poundage pressure required to move safety levers from safe to fire position and (3)opinion evidence on the design of safety mechanism.

Lopez claimed that expert testimonies and opinion evidences are irrelevant since it does notdirectly point to the issue. Hence, the petition.

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ISSUE:

Are the expert testimonies and opinion evidences admissible?

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COURT RULING:

Yes. The law provides that for evidence to be admissible, it must be relevant which means itshould point to the facts surrounding the case. In the case at bar, expert testimonies and opinionevidences on the design and safety mechanism of the rifle is relevant, as it points out to the rifleused in the case. Though it may have little or weighty probative value, still, the court considerssuch to be admissible. For an evidence to be admissible, it only requires for such to be relevant tothe facts surrounding the case and that it must be competent in such that it must be allowed bythe law and the rules.