Saturday, August 11, 2007 Probative value of affidavit By Dominador A. Almirante Labor case digest
IN a complaint for illegal dismissal with money claims and damages filed by respondent Renato Zialcita, petitioner C.F. Sharp and Co. Inc. presented the affidavit of Marcial Tanoy. Tanoy was not, however, presented as a witness and cross-examined. Can his affidavit be given probative value?
Ruling: Yes.
In labor cases, the rules of evidence prevailing in courts of law or equity are not always controlling. Trial-type hearings are not required in labor cases and these may be decided on verified position papers, with supporting documents and their affidavits.
It is not necessary for the affiants to appear and testify and be cross-examined by the counsel for the adverse party. 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. (C.P. Sharp and Co. Inc. versus Renato Zialcita, G.R. No. 157619, July 17, 2006)
