Saturday, November 26, 2016

independently relevant statement

In this case, Evangelista's testimony may be considered as an independently relevant statement, an exception to the hearsay rule, the purpose of which is merely to establish the fact that the statement was made or the tenor of such statement. Independent of the truth or the falsity of the statement, the fact that it has been made is relevant.[19] When Evangelista said that Rubia told her that it was petitioner who requested that the check be exchanged for cash, Evangelista was only testifying that Rubia told her of such request. It does not establish the truth or veracity of Rubia's statement since it is merely hearsay, as Rubia was not presented in court to attest to such utterance. On this score, evidence regarding the making of such independently relevant statement is not secondary but primary, because the statement itself may (a) constitute a fact in issue or (2) be circumstantially relevant as to the existence of that fact.[20] Indeed, independent of its truth or falsehood, Evangelista's statement is relevant to the issues of petitioner's falsehood, his authorship of the check in question and consequently, his culpability of the offense charged.

[ G.R. NO. 155619, August 14, 2007 ]

LEODEGARIO BAYANI, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

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