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    CRI415-LESSON 18

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    Grace Angway

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    CRI415-LESSON 18

    Uploaded by

    Grace Angway
    1 views2 pages

    Copyright

    © © All Rights Reserved

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    1 views2 pages

    CRI415-LESSON 18

    Uploaded by

    Grace Angway

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    1.

    TESTIMONIAL KNOWLEDGE

    SEC. 36. TESTIMONY GENERALLY CONFINED TO PERSONAL


    KNOWLEDGE; HEARSAY EXCLUDED.

    1. Testimonial Knowledge Rule/ Hearsay Rule- a witness may testify only those
    facts which he knows of his own knowledge, that is, which are derived from his
    own perception through his organ of sense. OR TESTIMONIAL KNOWLEDGE
    RULE- THAT TESTIMONY WITNESS IS GENERALLY CONFINED TO
    HIS/HER PERSONAL KNOWLEDGE OF FACTS. It is also called SECOND
    HAND EVIDENCE.
    2. Oral evidence of a witness not based on personal knowledge is considered as
    HEARSAY.
    3. It not necessary that the witness knowledge of facts to which he testifies should
    have been obtained in any particular manner, and he may testify to what he
    hears, feels, tastes, smells or sees.
    Examples of written hearsay evidence are:
    1. A medical certificate issued by a doctor who was not called to testify;
    2. An affidavit of an accused implicating another in the commission of an
    offense where the accused is not placed on the witness stand;
    3. A newspaper clipping, a letter and a telegram to show the death of an
    insured in an action on the life insurance policy.
    Examples of oral hearsay evidence are:
    1. The testimony of a mother that the alleged father of her heirs, read to
    her a document wherein he acknowledge her son as his- hearsay
    because the father is still alive but if the father is already dead it is
    admitted as exception to the hearsay-declaration about pedigree;
    2. To show his innocence, the testimony of an accused that the third person
    had confessed to the crime; and
    3. Testimony of a witness to a highway accident that the driver told him that
    the automobile belonged to the defendant.(Evidence in action by
    Pronove)
    4. Doctrine of Independent Relevant Statement or tenor statement rule- when the
    testimony is presented to established not the truth but the tenor of the statement
    of the fact that the statement was made, it is not hearsay.
    5. It is when a statement is presented for the purpose of proving the truth of the
    facts asserted therein, it is hearsay and inadmissible;

    Example: a witness in a slander case testified that he heard Juana say that Pedro
    was a thief, it will not be admitted being hearsay. But if the testimony is presented to
    prove that Juana uttered those words, regardless of whether her statement is true or
    false, the testimony is admissible

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