Friday, May 22, 2015

RES GESTAE: | MVP Law | Philippines

See - RES GESTAE: | MVP Law | Philippines

"x x x.


   Res gestae refers to the circumstances, facts, and declarations that grow out of the main fact and serve to illustrate its character and are so spontaneous and contemporaneous with the main fact as to exclude the idea of deliberation and fabrication.  The test of admissibility of evidence as a part  of  the res gestae  is,  therefore,  whether  the  act,  declaration,  or exclamation, is so interwoven or connected with the principal fact or event that it characterizes as to be regarded as a part of the transaction itself, and also whether it clearly negates any premeditation or purpose to manufacture testimony.
x x x."