RULE 128 EVIDENCE Reyes v. CA, GR 96492, 26 November 1992

 Reyes v. CA, GR 96492, 26 November 1992

Doctrine: Rules of Court shall not be applicable in agrarian cases even in a suppletory character; hence, in the hearing, investigation and determination of any question or controversy in agrarian cases, affidavits and counter-affidavits may be allowed and are admissible in evidence.

FACTS: Juan Mendoza was the owner of Farm Lots devoted to the production of palay. The lots were tenanted and cultivated by Julian dela Cruz, husband of private respondent Eufrocina dela Cruz.

Julian died, Eufrocina succeeded Julian as bona fide tenant of the subject lots. However, Olympio Mendoza, son of Juan Mendoza, in conspiracy with Romeo Reyes, Angel Parayao, and Emilio Mananghaya, herein petitioners, prevented Eufrocina’s daughter Violeta and her workers from entering and working on the subject premises.

Consequently, private respondents then filed a complaint against petitioners and Mendoza praying that the possession of the subject property be returned to her.

The evidence presented in order to prove the claim are the affidavits of Eufrocina and Efren Tecson. However, the affiants were never presented before the court for cross-examination. Despite this, the trial court admitted as evidence the said affidavits.

ISSUE: WON THE TRIAL COURT ERRED IN ADMITTING AS EVIDENCE THE AFFIDAVITS DESPITE THE FACT THAT THE AFFIANTS WERE NEVER PRESENTED BEFORE THE COURT FOR CROSS-EXAMINATION?

HELD: NO. Section 16 of P.D. No. 946 provides that the "Rules of Court shall not be applicable in agrarian cases even in a suppletory character." The same provision states that "In the hearing, investigation and determination of any question or controversy, affidavits and counter-affidavits may be allowed and are admissible in evidence".