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%
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ReplyDeleteWhile the exclusion of hearsay evidence is essential for maintaining the integrity of court proceedings, it can sometimes limit the scope of justice. In cases where necessary, the rules for admitting hearsay seem overly technical. However, for businesses, it's important to ensure all legal aspects are covered, and consulting an expert like a nda lawyer can help clarify such nuances.
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