This case has been cited 3 times or more.
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2013-12-04 |
BRION, J. |
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| However, even if we consider the medical certificate in the disposition of this case, the medical certificate has no probative value for being hearsay. It is a basic rule that 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.[39] Hearsay evidence, whether objected to or not, cannot be given credence[40] except in very unusual circumstance that is not found in the present case. Furthermore, admissibility of evidence should not be equated with weight of evidence. The admissibility of evidence depends on its relevance and competence, while the weight of evidence pertains to evidence already admitted and its tendency to convince and persuade. Thus, a particular item of evidence may be admissible, but its evidentiary weight depends on judicial evaluation within the guidelines provided by the Rules of Court.[41] | |||||
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2006-04-19 |
AUSTRIA-MARTINEZ, J. |
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| As to the effect of petitioners" admission of the due execution of the real estate mortgage during the pre-trial conference, it must be noted that in Benguet Exploration, Inc. v. Court of Appeals,[53] this Court ruled that the admission of the genuineness and due execution of a document simply means that the party whose signature it bears admits that he voluntarily signed the document or it was signed by another for him and with his authority; that at the time it was signed it was in words and figures exactly as set out in the pleading of the party relying upon it; that the document was delivered; and that any formalities required by law, such as a seal, an acknowledgment, or revenue stamp, which it lacks, are waived by him. However, it does not preclude a party from arguing against it by evidence of fraud, mistake, compromise, payment, statute of limitations, estoppel and want of consideration. Petitioners therefore are not barred from presenting evidence regarding their claim of want of consideration. | |||||
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2003-11-12 |
TINGA, J. |
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| In Benguet Exploration, Inc. vs. Court of Appeals,[24] this Court ruled that the admission of the genuineness and due execution of a document means that the party whose signature it bears admits that he voluntarily signed the document or it was signed by another for him and with his authority; that at the time it was signed it was in words and figures exactly as set out in the pleading of the party relying upon it; that the document was delivered; and that any formalities required by law, such as a seal, an acknowledgment, or revenue stamp, which it lacks, are waived by him. | |||||