Rule 130 - Hearsay Rule

Question 1

Define HEARSAY rule?

Answer 1

Hearsay is a statement other than one made by the declarant while testifying at a trial or hearing, offered to prove the truth of the facts asserted therein.

A statement is (1) an oral or written assertion or (2) a non-verbal conduct of a person, if it is intended by him or her as an assertion. Hearsay evidence is inadmissible except as otherwise provided in these Rules.

[Section 38, Rule 130 - Rules of Admissibility, AM 19-08-15-SC - 2019 Amendments to the 1989 Revised Rules on Evidence]

Question 2

When is a statement NOT HEARSAY?

Answer 2

A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is:
(a) inconsistent with the declarant’s testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition;
(b) consistent with the declarant’s testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive; or
(c) one of identification of a person made after perceiving him or her

[Section 38, Rule 130 - Rules of Admissibility, AM 19-08-15-SC - 2019 Amendments to the 1989 Revised Rules on Evidence]

Question 3

What is the HEARSAY rule?

Answer 3

The hearsay rule provides that the hearsay evidence is inadmissible except as otherwise provided in these Rules.

[Section 38, Rule 130 - Rules of Admissibility, AM 19-08-15-SC - 2019 Amendments to the 1989 Revised Rules on Evidence]

Question 4

What are the exceptions to the Hearsay Rule?

Answer 4

The Rules of Court enumerate the following exception to the herarsay rule.
1. Dying declarations
2. Statement of decedent or person of unsound mind
3. Declaration against interest
4. Act or declaration about pedigree
5. Family reputation or tradition regarding pedigree
6. Common reputation
7. Part of the res gestae
8. Entries in the course of business
9. 9. Entries in official records
10. Commercial lists and the like
11. Learned treatises
12. Testimony or deposition at a former proceeding