Unchuan V Lozada Rod.docx

(8) MARISSA UNCHUAN vs. ANTONIO LOZADA, ANITA LOZADA and ROD CEBU CITY G.R. No. 172671, April 16, 2009 FACTS: Sisters Anita Lozada Slaughter and PeregrinaLozadaSaribay, both US-based were registered owners of two particular lots in Cebu City. The sisters sold the lots to their nephew Antonio J. P. Lozada. Pending registration of the deed of sale, Marissa Unchuan caused the annotation of an adverse claim on the lots. Marissa claimed that Anita donated anundivided share in the lots to her under an unregistered Deed of Donation. Antonio and Anita brought a case against Marissa for quieting of title withapplication for preliminary injunction and restraining order. Marissa for her part, filedan action to declare the Deed of Sale void and to cancel TCTs covering both lots. At the trial, respondents presented a notarized and duly authenticated swornstatement, and a videotape where Anita denied having donated land in favor of Marissa. ISSUE: WON the videotaped statement of Anita is hearsay evidence. HELD: YES. Evidence is hearsay when itsprobative force depends, in whole or in part, on the competency and credibility of somepersons other than the witness by whom it is sought to be produced. The Court in this case, held that object evidence, such as thevideotape in this case, must be authenticated by a special testimony showing that it wasa faithful reproduction. Absent this requirement, the videotaped statement of Anita must be excluded.