This case has been cited 1 times or more.
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2000-03-02 |
GONZAGA-REYES, J. |
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| An affidavit is hearsay and has weak probative value, unless the affiant is placed on the witness stand to testify on it.[21] Being hearsay evidence, it is inadmissible because the party against whom it is presented is deprived of his right and opportunity to cross-examine the person to whom the statement or writing is attributed.[22] The right to confront and cross-examine the witnesses against him[23] is a fundamental right of every accused which may not be summarily done away with. Another reason why the right to confrontation is so essential is because the trial judgeÕs duty to observe and test the credibility of the affiant can only be met by his being brought to the witness stand.[24] That the affidavit formed part of the record of the preliminary investigation does not justify its being treated as evidence because the record of the preliminary investigation does not form part of the record of the case in the RTC.[25] Such record must be introduced as evidence during trial, and the trial court is not compelled to take judicial notice of the same.[26] The prosecution having failed to present Cesar Delima as a witness, his sworn statement was patently inadmissible and deserves no consideration at all. | |||||