It has
indeed been held that hearsay evidence whether objected to or not cannot be
given credence for having no probative value. This principle, however, has been
relaxed in cases where, in addition to the failure to object to the
admissibility of the subject evidence, there were other pieces of evidence
presented or there were other circumstances prevailing to support the fact in
issue. In Top-Weld Manufacturing, Inc. v. ECED S.A., the
Suprerme Court held:
“Hearsay
evidence alone may be insufficient to establish a fact in an injunction suit
(Parker v. Furlong, 62 P. 490) but, when no objection is made thereto, it
is, like any other evidence, to be considered and given the importance it
deserves. (Smith v. Delaware &
Atlantic Telegraph & Telephone Co., 51 A 464). Although we should warn
of the undesirability of issuing judgments solely on the basis of the
affidavits submitted, where as here, said affidavits are overwhelming,
uncontroverted by competent evidence and not inherently improbable, we are
constrained to uphold the allegations of the respondents regarding the
multifarious violations of the contracts made by the petitioner (HEIRS OF POLICRONIO URETA, SR. ET AL. VS. HIERS OF
LIBERATO M. URETA, ET AL., G.R. NO.
165748; HIERS OF LIBERATO M. URETA, ET AL. VS. HEIRS OF POLICRONIO URETA, SR.
ET AL. G.R. NO. 165930, SEPTEMBER 14, 2011 , MENDOZA, J.). -
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