You're currently signed in as:
User

PEOPLE v. JOEMARIE CERILLA

This case has been cited 4 times or more.

2015-06-17
PERLAS-BERNABE, J.
In the case at bar, SPO2 Borre's statements constitute a dying declaration, given that they pertained to the cause and circumstances of his death and taking into consideration the number and severity of his wounds, it may be reasonably presumed that he uttered the same under a fixed belief that his own death was already imminent.[29] This declaration is considered evidence of the highest order and is entitled to utmost credence since no person aware of his impending death would make a careless and false accusation.[30] Verily, because the declaration was made in extremity, when the party is at the point of death and when every motive of falsehood is silenced and the mind is induced by the most powerful considerations to speak the truth, the law deems this as a situation so solemn and awful as creating an obligation equal to that which is imposed by an oath administered in court.[31]
2012-11-14
PERALTA, J.
A dying declaration is a statement made by the victim of homicide, referring to the material facts which concern the cause and circumstances of the killing and which is uttered under a fixed belief that death is impending and is certain to follow immediately, or in a very short time, without an opportunity of retraction and in the absence of all hopes of recovery.  In other words, it is a statement made by a person after a mortal wound has been inflicted, under a belief that death is certain, stating the facts concerning the cause and circumstances surrounding his/her death.[9]
2011-03-30
VELASCO JR., J.
While witnesses in general can only testify to facts derived from their own perception, a report in open court of a dying person's declaration is recognized as an exception to the rule against hearsay if it is "made under the consciousness of an impending death that is the subject of inquiry in the case."[13]  It is considered as "evidence of the highest order and is entitled to utmost credence since no person aware of his impending death would make a careless and false accusation."[14]
2010-06-29
PEREZ, J.
As an exception to the rule against hearsay evidence, a dying declaration or ante mortem statement is evidence of the highest order and is entitled to utmost credence since no person aware of his impending death would make a careless and false accusation.[28]