FACTS:
One
night, Victoriano together with his wife
Teresita and son , were resting in their bamboo hut. Danny
Queliza suddenly opened the door of the house and shot to death Victoriano.This
was seen by the wife.
Loreta, a neighbor and mother of Victoriano, saw Danny Queleza,
together with two companions, as she was then outside her house to answer for a
call of nature.She heard the sounds of gunshots and saw the trio went away.
Teresita went outside her house and met Loreta. She told her, “Nay awan ni Victoriano pinatay ni Danny
Queliza” (“Mother, Victoriano is already gone, he was killed by Danny
Queliza”)
ISSUE:
Whether the statement of the
wife “Nay awan
ni Victoriano pinatay ni Danny Queliza” is
admissible as part as res gestae.
RULING:
Yes. The emotional lament is significantly
part of the res gestae. The
requisites of res gestae as an exception to the hearsay
rule are: (1) that the principal act or
the res gestae be a startling occurrence; (2) the
statement is spontaneous or was made before the declarant had time to contrive
or devise, and the statement is made during the occurrence or immediately prior
or subsequent thereto; and (3) the statement made must concern the occurrence
in question and its immediately attending circumstances.
Firstly, the principal act – the
shooting of the victim – was a startling occurrence. Secondly, the statement of the wife to the mother-in-law
about the husband being shot by Danny Queliza
was made before Teresita (wife) had time to contrive or
to devise considering that it was uttered immediately after the
shooting. And, thirdly, the statement directly concerns the startling
occurrence itself and its attending circumstance (that is, the identity of the
assailant). Verily, the statement was reliable as part of the res
gestae for being uttered in spontaneity and only in reaction to the
startling occurrence.
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