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]
In the instant case, the challenged Survey Report prepared by Cortez was admitted only as part of the testimonies of respondent's witnesses. The referral to Cortez's Report was in relation to Manlapig's final Adjustment Report. Evidently, it was the existence of the Survey Report that was testified to. The admissibility of that Report as part of the testimonies of the witnesses was correctly ruled upon by the trial court.
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]
In the instant case, the challenged Survey Report prepared by Cortez was admitted only as part of the testimonies of respondent's witnesses. The referral to Cortez's Report was in relation to Manlapig's final Adjustment Report. Evidently, it was the existence of the Survey Report that was testified to. The admissibility of that Report as part of the testimonies of the witnesses was correctly ruled upon by the trial court.
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