This case has been cited 2 times or more.
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2009-10-02 |
YNARES-SANTIAGO, J. |
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| We are not persuaded. The ride of 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.[10] | |||||
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2009-10-02 |
YNARES-SANTIAGO, J. |
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| In People v. Cabrera, Jr., we stated that "entities] in the police blotter about the suspects being 'unidentified' will not help the cause of the accused. It does not mean that Shirley Aguilus failed to identify the accused when she reported to the police, x x x. Besides, even granting in arguendo that Shirley failed to identify the accused to the police when she reported the incident, her failure to do so will not impair her credibility."[14] | |||||