Friday, January 4, 2013

HEARSAY EVIDENCE


: 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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