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65 Ateneo L.J. 1 (2020-2021)

handle is hein.journals/ateno65 and id is 1 raw text is: 







The Hearsay Rule: A Paradigm Shift
    Maria Filomena D. Singh*



I.  IN T R O D U C T IO N .............................................................................  I
II. T HE O LD H EAR SAY R ULE.............................................................. 3
    A.  A Short Textual History of the Old Hearsay Rule and its Exceptions
    B.  The Exceptions to the Old Hearsay Rule and their Application in
       Jurisprudence
III. THE NEW   HEARSAY   RULE  UNDER   THE  2019 AMENDMENTS TO
    THE  RULES  ON EVIDENCE   .............................................................20
IV . H EARSAY FROM   H EREON  .............................................................32



                           I. INTRODUCTION

    [O]f more value is one eye-witness than ten hearsays. Those who hear, speak of
    what they've heard; those who see, know beyond mistake.

                                                           -  Plautus'

In this age of technology  where  social media has  become  the preferred
platform for communication  and fake news is a constant plague, hearsay is
invoked  frequently, even by non-lawyers. Colloquially, hearsay is simply a


*   '1o LL.M., American University, Washington College of Law, '91 J.D., Ateneo
de Manila University School of Law. She is an Associate Justice of the Court of
Appeals of the Republic of the Philippines. She previously authored Rule 42: Writing
Finis to a 20-Year Redundancy, 61 ATENEO L.J. 401 (2016). She also serves as a
professorial lecturer in the Ateneo de Manila University School of Law, the University
of the Philippines College of Law, and the Philippine Judicial Academy. She was a
former Presiding Judge of Branch 85 of the Regional Trial Court of Quezon City,
and Branch 31 of the Metropolitan Trial Court of Quezon City.


The Author extends her gratitude to Atty. Candice V. Bacabac and Atty. Mcgyver L.
Doria for their assistance and contribution to this Article.

Cite as 65 ATENEO L.J. 1 (2020).

i.  Plautus, The Churl, Act II, Scene VI, 489-490, Henry Thomas Riley, II The
    Comedies  of Plautus 231 (1852), available at http://data.perseus.org/citations/
    urn:cts:latinLit:phio119.phiO20.perseus-eng1:2.6 (last accessed Sep. 30, 2020). See
    also BENJAMIN TODD LEE, APULEIUs' FLORIDA: A COMMENTARY   69 (2005).

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