This case has been cited 3 times or more.
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2008-08-13 |
AUSTRIA-MARTINEZ, J. |
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| In Bantolino v. Coca-Coca Bottlers Phils., Inc.[20] the Court ruled that although the affiants had not been presented to affirm the contents of their affidavits and be cross-examined, their affidavits may be given evidentiary value; the argument that such affidavits were hearsay was not persuasive. Likewise, in Rase v. National Labor Relations Commission,[21] this Court ruled that it was not necessary for the affiants to appear and testify and be cross-examined by counsel for the adverse party. To require otherwise would be to negate the rationale and purpose of the summary nature of the proceedings mandated by the Rules and to make mandatory the application of the technical rules of evidence. | |||||
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2006-07-17 |
QUISUMBING, J. |
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| On the first issue, the petitioner contends that Tanoy's affidavit should be given probative value although he was not presented as witness and cross-examined. We agree. In labor cases the rules of evidence prevailing in courts of law or equity are not always controlling.[13] Trial-type hearings are not required in labor cases and these may be decided on verified position papers, with supporting documents and their affidavits.[14] It is not necessary for the affiants to appear and testify and be cross-examined by the counsel for the adverse party.[15] It is sufficient that the documents submitted by the parties have a bearing on the issue at hand and support the positions taken by them.[16] | |||||
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2003-06-10 |
BELLOSILLO, J. |
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| In Rase v. NLRC,[10]this Court likewise sidelined a similar challenge when it ruled that it was not necessary for the affiants to appear and testify and be cross-examined by counsel for the adverse party. To require otherwise would be to negate the rationale and purpose of the summary nature of the proceedings mandated by the Rules and to make mandatory the application of the technical rules of evidence. | |||||