Atty. Ygona (left), Consultant Agosto (middle), and Atty. Christian for Transco (left)
In a recent hearing at the Cebu City Regional Trial Court, Valuation Expert Gus Agosto helped in shedding light on the distinct roles of expert witnesses and court commissioners, providing valuable insights into their functions within the expropriation proceeding.
During the proceedings, Expropriation Expert manifested to the court, emphasizing the critical differences between expert witnesses and court commissioners. Expert witnesses, under the Rules on Evidence, Gus Agosto explained, offering specialized knowledge, skills, and experience in specific fields relevant to the case at hand. Their testimony aids judges in understanding complex matters, contributing to informed decision-making. He referred to Rule 130, Section 49 of the Rules of Evidence, which states, “The opinion of a witness on a matter requiring special knowledge, skill, experience, or training which he is shown to possess, may be received in evidence.” This provision underscores the importance of expert testimony in matters where specialized expertise is necessary.
On the other hand, under Rule 32 of the Rules of Court, court commissioners are appointed by the court to play a pivotal role as officers of the court particularly in matters related to property valuation or just compensation. Mr. Agosto underscored the importance of competence and expertise among court commissioners, highlighting their role in evaluating factors to determine just compensation for properties subject to acquisition or eminent domain.
In cases requiring property valuation, the court typically appoints three competent individuals as commissioners. These commissioners are tasked with conducting impartial assessments to ascertain the fair value of the property being acquired, ensuring that property owners receive just compensation for their properties.
Additionally, Mr. Agosto touched upon the court’s jurisdiction to interpret whether simple or compound interest should apply in the computation of just compensation in expropriation proceedings dating back to 1995. He emphasized, ‘The interest rate matter is a question of law, which is best interpreted and decided by the court.’ While leaving the interpretation to the court, Consultant Agosto underscored the significance of this decision in ensuring fair and equitable compensation for affected parties.
Consultant Agosto’s clarification of the roles of expert witnesses and court commissioners serves to enhance understanding within the legal community and among courtroom participants. By providing clarity on these essential distinctions, Consultant Agosto contributes to the integrity and fairness of legal proceedings in Cebu City and underscores the importance of competent professionals in facilitating justice.