Tuesday, February 28, 2012

Opinion of expert witness not necessarily binding on the court - G.R. No. 189647

G.R. No. 189647

"x x x.

In any case, the CA aptly ruled that a handwriting expert is not indispensable to prove that the signature of Tabayag in the questioned deed of sale was indeed a forgery. It is true that the opinion of handwriting experts are not necessarily binding upon the court, the expert’s function being to place before the court data upon which the court can form its own opinion. Handwriting experts are usually helpful in the examination of forged documents because of the technical procedure involved in analyzing them. But resort to these experts is not mandatory or indispensable to the examination or the comparison of handwriting. A finding of forgery does not depend entirely on the testimonies of handwriting experts, because the judge must conduct an independent examination of the questioned signature in order to arrive at a reasonable conclusion as to its authenticity.[14]

x x x."