This case has been cited 1 times or more.
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2000-02-08 |
YNARES-SANTIAGO, J. |
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| Respondent Isabelo dela Torre claims that he obtained the property from Mamerto by (1) paying the amortizations thereon and by (2) purchase. However, there is absolutely no written proof of said sale or assignment. In claiming title to the subject land, respondent Isabelo dela Torre merely presented a Joint Affidavit allegedly executed by his father and nephew. This runs counter to the basic rule of evidence that unless the affiants themselves are placed on the witness stand to testify on their affidavits, such affidavits must be rejected for being hearsay.[17] Stated differently, the declarants of written statements pertaining to disputed facts must be presented at the trial for cross-examination. Without the presentation of the affiants in court, whatever matter the Joint Affidavit contained is hearsay and consequently, without probative value.[18] | |||||