HEARSAY EVIDENCE AND THE RULE ON AFFIDAVITS

What is hearsay evidence?

Evidence, whether oral or documentary, is hearsay if its probative value is not based on the personal
knowledge of the witness but on the knowledge of another person who is not on the witness stand. [1]

What is the rule on hearsay evidence?

The rule against hearsay is in Section 36 of Rule 130 of the Rules of Court:

Testimony generally confined to personal knowledge; hearsay excluded. A witness can testify only to those
facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as
otherwise provided in these rules.

The general rule is that hearsay evidence is not admissible in court. Court decisions cannot be based on
hearsay except in certain situations. [2] Lawyers confronted with hearsay evidence should object as a matter of
course.

The Supreme Court, in the case of Sanvicente vs. People, G.R. No. 132081, 26 November 2002, has
discussed the infirmities of hearsay as follows:

The term as used in the law of evidence signifies all evidence which is not founded upon the personal
knowledge of the witness from whom it is elicited, and which consequently does not depend wholly for its
credibility and weight upon the confidence which the court may have in him. Its value, if any, is measured by
the credit to be given to some third persons not sworn as witnesses to that fact and consequently not subject to
cross-examination.[3] In short, it is the evidence not of what the witness knows himself but of what he
has heard from others.[4] Thus, in one case we stated that [w]hen evidence is based on what was
supposedly told the witness, the same is without any evidentiary weight being patently
hearsay.[5] (Citations retained; boldfacing supplied)

But even if the lawyer failed to object to the hearsay evidence offered by the other side, that evidence should
be given neither weight nor value by the Court. Hearsay, even when admitted into evidence because
a lawyer failed to object, is without any probative value and cannot be given credence.
The Supreme Court was emphatic about this in People vs. Abelardo Parungao, G.R. No. 125812 November
28, 1996:

The general rule is that hearsay evidence is not admissible. However, the lack of objection to hearsay
testimony may result in its being admitted as evidence. But one should not be misled into thinking that
such declarations are thereby impressed with probative value. Admissibility of evidence should not be
equated with weight of evidence. Hearsay evidence whether objected to or not can not be given
credence for it has no probative value.