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Practice Exams

Module 4.2: Rules on Admissibility - The Hearsay Rule

This module covers the Hearsay Rule, a fundamental principle in the law on evidence in the Philippines. Understanding this rule and its exceptions is critical for the Criminology Board Examination.

I. What is the Hearsay Rule?

Definition:

Under Section 36, Rule 130 of the Rules of Court, hearsay is defined as "a statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted."

In simpler terms:

A witness is testifying about something they didn't personally see, hear, or experience. They are repeating what someone else told them. The court is being asked to believe that the out-of-court statement is true.

Example: Witness A testifies in court, "Witness B told me that he saw the accused running from the crime scene." This is hearsay. The court is being asked to believe Witness B's statement (that the accused was running) through Witness A's testimony. Witness A has no personal knowledge of the event.

II. Why is Hearsay Evidence Generally Excluded?

Hearsay is considered untrustworthy and is generally inadmissible as evidence for several key reasons:

  1. Not Under Oath: The original person who made the statement (the declarant) was not under oath. The sanctity of an oath is believed to encourage truthfulness.
  2. No Opportunity for Cross-Examination: The opposing party cannot cross-examine the original declarant. Cross-examination is a crucial tool for testing the credibility, accuracy, and truthfulness of a witness.
  3. Risk of Inaccurate Transmission: When a story is repeated, there is a significant risk that it will be twisted, misremembered, or fabricated. The original statement can be easily altered.
  4. Demeanor of the Declarant: The court or judges cannot observe the demeanor, body language, and confidence of the original declarant to help them decide if the person is telling the truth.

III. The Exceptions to the Hearsay Rule

While the Hearsay Rule is strict, the law recognizes that some hearsay statements are reliable and necessary. There are several exceptions. Here are ten of the most important ones:

1. Dying Declaration (Ante-Mortem Statement)

  • Rule: The declaration of a dying person, made under the consciousness of an impending death, may be received in any case wherein his or her death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.
  • Explanation: A person who believes they are about to die is presumed to be telling the truth.
  • Requisites: a. The declaration concerns the cause and circumstances of the declarant's death. b. The declarant was conscious of their impending death. c. The declarant would have been a competent witness had they survived. d. The declaration is offered in a case where the declarant's death is the subject of inquiry.

2. Declaration Against Interest

  • Rule: The declaration made by a person deceased, or unable to testify, against his or her own interest, if that fact is relevant to the case.
  • Explanation: A statement that is damaging to the declarant (e.g., admitting to a crime, a debt, or fault) is unlikely to be false. People do not usually admit things that will harm them unless they are true.

3. Act or Declaration About Pedigree

  • Rule: The act or declaration of a person deceased, or unable to testify, in respect to the pedigree of another person related to him by birth or marriage.
  • Explanation: Statements about one's own family history (e.g., "My father told me that Juan is my uncle") are admissible because family members are presumed to have accurate knowledge of their own lineage.

4. Family Reputation or Tradition Regarding Pedigree

  • Rule: The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any one of its members.
  • Explanation: This refers to the general understanding within a family about its members' births, marriages, deaths, and relationships. It's the "family story" passed down through generations.

5. Common Reputation

  • Rule: Common reputation existing previous to the controversy, respecting facts of public or general interest more than thirty years old, or respecting marriage or moral character.
  • Explanation: This applies to what the community as a whole believes about certain facts, such as the location of boundaries, public customs, or a person's character.

6. Part of the Res Gestae

  • Rule: Statements made by a person while a startling occurrence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof.
  • Explanation: This refers to spontaneous statements made during a moment of excitement, shock, or stress. The spontaneity of the statement makes it reliable, as the person had no time to fabricate a story. Example: Immediately after a car crash, a witness shouts, "The red car ran the light!"

7. Entries in the Course of Business

  • Rule: Entries made at or near the time of the transactions to which they refer, by a person deceased, or unable to testify, who was in a position to know the facts stated.
  • Explanation: Records kept in the regular conduct of a business (e.g., sales logs, ledgers, delivery receipts) are presumed to be accurate because the business relies on them to function.

8. Entries in Official Records

  • Rule: Entries in official records made in the performance of a duty by a public officer of the Philippines, or by a person in the performance of a duty specially enjoined by law.
  • Explanation: Records kept by government officials (e.g., police blotters, birth certificates, court records) are considered reliable because they are made by individuals performing their official duties.

9. Commercial Lists and the Like

  • Rule: Evidence of statements of matters of interest to persons engaged in an occupation contained in a list, register, periodical, or other published compilation is admissible as tending to prove the truth of any relevant matter so stated.
  • Explanation: These are published materials that are relied upon by the public or by people in a particular occupation, such as market reports, stock market quotes, or mortality tables used by insurance companies.

10. Learned Treatises

  • Rule: A published treatise, periodical, or pamphlet on a subject of history, law, science, or art is admissible as tending to prove the truth of a matter stated therein if the court takes judicial notice, or a witness expert in the subject testifies, that the writer of the statement in the treatise is recognized in his or her profession as an expert in the subject.
  • Explanation: Statements from authoritative books or articles written by experts can be admitted as evidence. For example, a medical textbook could be used to establish a medical fact.