GUBI, ANGEL D.

CRIM. 3-1

Rules on Hearsay Evidence and Exceptions

The rule against hearsay is deceptively simple, but it is full of exceptions. At its core, the rule
against using hearsay evidence is to prevent out-of-court, secondhand statements from being
used as evidence at trial given their potential unreliability.

Hearsay is defined as an alternative dispute resolution made in court to prove the truth of the
alleged facts. These alternative dispute resolutions do not have to be spoken but can also
represent documents or body language. The rules for hearsay were developed to prevent
gossip from being offered to judge someone.

 The most common exception to hearsay

1. Present Sense Impression - Hearsay evidence may be accepted if it describes or explains
an event or condition and occurs during or shortly after the event.
2. Excited Utterance - Closely related to the current sensation is the exception of hearsay of
excited speech. The prerequisite for applying this exception is that an unexpected event
must have occurred, and the declarer made the declaration under the excitement or stress
of the event.
3. Then-Existing Mental, Emotional, or Physical Condition - Statements provided to indicate
state of mind, feelings, or physical condition, rather than for the truth of the statement, may
constitute an exception to the rule for hearsay evidence. For example, a statement that
there was intense debate may be provided to show anger rather than what was said.

 Other exceptions to the rule for hearsay evidence

1. Medical - A statement made to a healthcare provider for the purpose of diagnosis or
treatment.
2. Reputation - A statement about the person's reputation, family, or borders.
3. Documents - These documents typically include business and government records, but
may also include academic papers, family records, and church records.
  Exceptions to hearsay when the petitioner is unable to testify
in court
1. The court recognizes that by law the declarant is not required to testify;
2. The declarant refuses to testify;
3. The declarant does not remember;
4. The declarant is either dead or has a physical or mental illness the prevents testimony;
or
5. The declarant is absent from the trial and has not been located.

 If the declarant is deemed to be unavailable, then the

following type of evidence can be ruled admissible in court.
This includes:
1. Former testimony;
2. Statements made under belief of imminent death;
3. Statements against a person's own interest; and
4. Statements of personal or family history.

 Catchall Exception to the Rule against Hearsay

1. It has sound guarantees of trustworthiness
2. It is offered to help prove a material fact
3. It is more probative than other equivalent and reasonably obtainable evidence
4. Its admission would forward the cause of justice
5. The other parties have been notified that it will be offered into evidence

 Defenses Against Hearsay Evidence

If the court grants hearsay evidence based on one of the exceptions, the credibility of the
person who gave the testimony could be attacked. This attack needs to be supported by
acceptable evidence, but may be previous inconsistent testimony, prejudice, or other evidence
that there is a reason for the proclaimer to lie or not remember exactly. there is.