Saturday, May 23, 2015

PART OF RES GESTAE: | MVP Law | Philippines

See - PART OF RES GESTAE: | MVP Law | Philippines

"x x x.


   All that is required for the admissibility of a given statement as part of the res gestae, is that it be made under the influence of a startling event witnessed by the person who made the declaration before he had time to think and make up a story, or to concoct or contrive a falsehood, or to fabricate an account, and without any undue influence in obtaining it, aside from referring to the event in question or its immediate attending circumstances. In sum, there are three requisites to admit evidence as part of the res gestae: (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. Clearly, the statement made by the victim identifying his assailants was made immediately after a startling occurrence which is his being stabbed, precluding any chance to concoct a lie.

x x x.?