People vs. Quidato Jr.

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People vs. Quidato, Jr.

G.R. No. 117401 October 1, 1998

Doctrine: It is hornbook doctrine that unless the affiants themselves take the witness stand to affirm the
averments in their affidavits, the affidavits must be excluded from the judicial proceeding, being
inadmissible hearsay.

Facts: accused-appellant was charged with the crime of parricide before the Regional Trial Court of
Davao.

The prosecution, in offering its version of the facts, presented as its witnesses accused-appellant’s
brother Leo Quidato, appellant’s wife Gina Quidato, as well as Patrolman Lucrecio Mara. Likewise, the
prosecution offered in evidence affidavits containing the extra-judicial confessions of Eddie Malita and
Reynaldo Malita. The two brothers were, however, not presented by the prosecution on the witness
stand. Instead, it presented Atty. Jonathan Jocom to prove that the two were assisted by counsel when
they made their confessions. Similarly, the prosecution presented MTC Judge George Omelio who
attested to the due and voluntary execution of the sworn statements by the Malita brothers.

Issue: Whether or not the accused-appellant is guilty of the crime of parricide

Ruling: Accused-appellant must be acquitted.

In indicting accused-appellant, the prosecution relied heavily on the affidavits executed by Reynaldo and
Eddie. The two brothers were, however, not presented on the witness stand to testify on their extra-
judicial confessions. The failure to present the two gives these affidavits the character of hearsay. It is
hornbook doctrine that unless the affiants themselves take the witness stand to affirm the averments in
their affidavits, the affidavits must be excluded from the judicial proceeding, being inadmissible hearsay.
The voluntary admissions of an accused made extrajudicially are not admissible in evidence against his
co-accused when the latter had not been given an opportunity to hear him testify and cross-examine
him.

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