Well-settled is the rule that, unless the affiant is presented as a witness, an affidavit is considered hearsay.

Rule on Independently
Relevant Statement

That witnesses must be examined and presented during the trial,^[50] and that their testimonies must be confined to personal knowledge is required by the rules on evidence, from which we quote:

"Section 36.  Testimony generally confined to personal knowledge; hearsay excluded.  –A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in these rules."^[51]

On this basis, the trial court correctly refused to admit Jesus Cortez's Affidavit, which respondent had offered as evidence.^[52]  Well-settled is the rule that, unless the affiant is presented as a witness, an affidavit is considered hearsay.^[53]

An exception to the foregoing rule is that on "independently relevant statements."  A report made by a person is admissible if it is intended to prove the tenor, not the truth, of the statements.^[54]  Independent of the truth or the falsity of the statement given in the report, the fact that it has been made is relevant.  Here, the hearsay rule does not apply.^[55]