doctrine of independently relevant statements

The hearsay evidence rule as provided under Section 36, Rule 130 of the Rules of Court states:

Sec. 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.

Evidence is hearsay when its probative force depends in whole or in part on the competency and credibility of some persons other than the witness by whom it is sought to produce. However, while the testimony of a witness regarding a statement made by another person given for the purpose of establishing the truth of the fact asserted in the statement is clearly hearsay evidence, it is otherwise if the purpose of placing the statement on the record is merely to establish the fact that the statement, or the tenor of such statement, was made. Regardless of the truth or falsity of a statement, when what is relevant is the fact that such statement has been made, the hearsay rule does not apply and the statement may be shown. As a matter of fact, evidence as to the making of the statement is not secondary but primary, for the statement itself may constitute a fact in issue or is circumstantially relevant as to the existence of such a fact.34 This is known as the doctrine of independently relevant statements.35

SECOND DIVISION

G.R. No.179535               June 9, 2014

JOSE ESPINELI a.k.a. DANILO ESPINELI, Petitioner,
vs.
PEOPLE OF THE PIDLIPPINES, Respondent.