This case has been cited 4 times or more.
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2011-09-14 |
MENDOZA, J. |
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| It has indeed been held that hearsay evidence whether objected to or not cannot be given credence for having no probative value.[37] 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.,[38] this 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. | |||||
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2009-12-03 |
CHICO-NAZARIO, J. |
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| This does not mean, however, that SFMS Evangelista's testimony was not hearsay. A witness may testify only on facts of which he has personal knowledge; that is, those derived from his perception, except in certain circumstances allowed by the Rules.[76] Otherwise, such testimony is considered hearsay and, hence, inadmissible in evidence.[77] | |||||
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2007-08-14 |
AUSTRIA-MARTINEZ, J. |
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| While Evangelista's statement may be admitted in evidence, it does not necessarily follow that the same should be given evidentiary weight. Admissibility of evidence should not be equated with weight of evidence.[16] In this regard, it has been held that although hearsay evidence may be admitted because of lack of objection by the adverse party's counsel, it is nonetheless without probative value,[17] unless the proponent can show that the evidence falls within the exception to the hearsay evidence rule.[18] | |||||
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2000-05-31 |
BELLOSILLO, J. |
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| Moreover, even as the victim already lay helpless on the ground Mendoza's cohort, Johnny Sanchez, ruthlessly continued to stab the victim until he died. Thus, it can be gleaned from the circumstances surrounding the perpetration of the crime that the accused and Sanchez conspired to bring about the gory end of their victim. Conspiracy may be inferred from the acts of the accused before, during, and after the crime, which are indicative of a common design, concerted action and concurrence of sentiments.[25] And once conspiracy or action in concert to achieve a criminal design is shown, the act of one is the act of all the conspirators, and the precise extent or modality of participation of each of them becomes secondary.[26] The act of Sanchez in stabbing the victim while the latter was already prostrate on the ground was by itself treacherous since the victim could no longer put up any defense against the attack. As a conspirator Mendoza should also be responsible for the treacherous act. | |||||