Tuesday, May 30, 2017

Legal Doctrines: Hearsay Evidence


Q.- Upon what ground is hearsay evidence excluded?

A.- Hearsay evidence is excluded upon the broad grounds of public policy. It is excluded upon the sound theory that no man can better express his ideas than he himself. A perfect knowledge of human nature must com­mend this rule, for it is very seldom, if at all, that a man can repeat in court what another has told him regarding a particular fact, and the allowance of the evidence would lead to innumerable frauds and to great difficulty in the determination of facts. 

Besides, if hearsay is admissible if given by the person who say that he heard another say something, logically, at least, it must also be admissible if told by a third or a fifth, or a tenth person who testifies as to what he had heard the previous man said to what he had heard another previous man saying, and so on, and thus a story of three words may become a thousand. The law cannot allow that.


Hearsay is only admitted in very few cases where the law on the ground of necessity or convenience admits it, but well guarded by technical rules.

Manuel Roxas (1st Place, 1913) – Remedial Law, 100%

No comments:

Post a Comment