This case has been cited 1 times or more.
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2003-04-30 |
QUISUMBING, J. |
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| Such reliance on the rule on res gestae, however, is misplaced. As already explained by this Court in an earlier case, "the rule on res gestae applies when the declarant himself did not testify provided that the testimony of the witness who heard the declarant complies with the following requisites: (1) that the principal act, the res gestae, be a startling occurrence; (2) the statements were made before the declarant had the time to contrive or devise a falsehood; and (3) that the statements must concern the occurrence in question and its immediate attending circumstances."[25] Since Shirley Aguilus herself testified, there is absolutely no need for the application of the rule on res gestae. Besides, an appreciable amount of time had elapsed from the time of the alleged killing and the making of the statements at the police station, which brings the case beyond the application of the res gestae rule.[26] | |||||