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Topic: Evidence; Hearsay Evidence Title: Mallari v. people 446 SCRA 74 G.R. No. 153911.

December 10, 2004 PANGANIBAN, J. Facts: The extra judicial confession made by the co-accused of Mallari, which pointing the latter as the master mind of the murder, was withdrawn by the former in open court. Thus, the witnesses-policemen testify attesting to the voluntariness and due execution the extrajudicial confession. Issue: Is the extrajudicial confession admissible? Ruling: No Analysis: Section 36 of Rule 130 of the Rules of Court provides that witnesses can testify only with regard to facts of which they have personal knowledge; otherwise, their testimonies would be inadmissible for being hearsay. In the present case, neither of the said witnesses had personal knowledge. The witnesses merely attested to the voluntariness and due execution of the co-accuseds respective extrajudicial confessions. Thus, insofar as the substance of those confessions, the testimonies were mere hearsay.

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