People

vs. Cusi
August 14, 1965 | Dizon, J. | Testimonial Knowledge; Hearsay Rule
PETITIONER: People of the Philippines
RESPONDENT: Hon. Vicente Cusi, Presiding Judge of CFI Davao Brach I, Arcadio Puesca a.k.a Big Boy, Walter Apa, Jose
Gustillo a.k.a. Peping, Filomeno Macalinao, Jr. a.k.a. White, Ricardo Dairo a.k.a. Carding, Magno Montano a.k.a. Edol

SUMMARY: The accused were charged with the crime of robbery in band with homicide. One of the accused allegedly told
Sgt. Bano who were involved in the conspiracy. During trial, the defendants counsel objected to Banos testimony,
identifying who are involved in the conspiracy on the ground that it was hearsay.

DOCTRINE: Such testimony will not be considered hearsay evidence if the purpose is only to establish the fact that the
statement was made OR to prove the tenor of such statement.

FACTS:
HELD: Petition for certiorari is granted; judge is ordered
to allow Bano to answer the question in full.
1. Arcadio Puesca, Walter Apa, Jose Gustillo, Filomeno
Macalinao, Ricardo Dairo, and Mango Montano were
RATIO:
charged with robbery in band with homicide, to which
1. If the purpose of placing the statement in the record is
they pleaded not guilty.
merely to establish the fact that the statement was made
2. During trial, and while Sgt. Lucio Bano was testifying
or the tenor of such statement, the testimony of a
as prosecution witness regarding the extrajudicial
witness regarding a statement made by another person
confession made to him by Arcadio Puesca, one of the
is NOT considered hearsay evidence.
accused. Aside from admitting participation in the
2. The purpose of the prosecuting officer in asking
offense, Puesca also mentioned the names of everyone
Puesca to identify the co-conspirators in this case is
involved in committing the crime to Bano.
merely for the purpose of establishing the fact that he
3. The prosecuting officer asked the Bano to mention in
mentioned to Sgt. Bano the names of those who
court the names of Puescas co-conspirators. The counsel
conspired with him to commit the offense charged.
for Macalinao, Gustilo, and Dairo objected to this on the

ground that whatever the witness would say would be
hearsay as far as the others are concerned.
4. Judge Cusi directed the witness to name his coconspirators, except those who raised the objection.
5. The prosecuting officers motion for reconsideration
was denied.
ISSUE: W/N the Puescas testimony is hearsay evidence
NO.