This case has been cited 2 times or more.
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2015-08-12 |
DEL CASTILLO, J. |
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| However, the person who prepared the said report was not presented in court to testify on the same. Thus, the said survey report 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."[42] Moreover, "an unverified and unidentified private document cannot be accorded probative value. It is precluded because the party against whom it is presented is deprived of the right and opportunity to cross-examine the person to whom the statements or writings are attributed. Its executor or author should be presented as a witness to provide the other party to the litigation the opportunity to question its contents. Being mere hearsay evidence, failure to present the author of the letter renders its contents suspect and of no probative value."[43] | |||||
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2014-08-20 |
PERALTA, J. |
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| Thus, to sustain a claim liability under quasi-delict, the following requisites must concur: (a) damages suffered by the plaintiff; (b) fault or negligence of the defendant, or some other person for whose acts he must respond; and (c) the connection of cause and effect between the fault or negligence of the defendant and the damages incurred by the plaintiff.[51] | |||||