Evidence Digest: THE PEOPLE OF THE PHILIPPINES vs. CEFERINO LUNGAYAN [162 SCRA 100 (1988)]

Topic: Res Gestae (Rule 132, Section 42)


THE PEOPLE OF THE PHILIPPINES vs. CEFERINO LUNGAYAN 
[162 SCRA 100 (1988)] G.R. No. L-64556 June 10, 1988

Facts:
The case is a review of the conviction of the accused Ceferino Lungayan for the crime of rape. Accused was 48 years old, a barangay captain while complainant, Agripina Juan, was 52, and a widow.

The crime of rape allegedly transpired when appellant invited her at 10:00 P.M. to step out of her house allegedly to join him to observe the persons drinking wine in the market stall identified as Linda's canteen in violation of the barangay ordinance prohibiting the same after 10:00 o'clock in the evening. She went home at about 12:00 o'clock that evening with her clothes all muddy. She had some bruises on her body and back also. When she reached home she was confronted by her daughter as to what happened. She told her that she was abused by appellant but she was not prepared to reveal everything and promised to tell all the details to her daughter the following day.

The trial court considered the revelation of the complainant to her daughter of what happened to her when she returned home as part of the res gestae, thus the conviction.

On appeal, the accused contends that the prosecution failed to establish involuntariness on the part of the victim.

Issue: 
If the revelation to her daughter of what happened when she returned home part of the res gestae, therefore admissible?


Held:
NO. In order to be categorized as part of the res gestae, the statement must not only be spontaneous. It must also be made at a time when there was no opportunity for the witness to concoct or develop her own story.  

In this case, as  the Court had observed, the complainant did not immediately go home after the sexual encounter. She took a walk. She spent sometime thinking of what to do. Her clothes were muddy. She had some bruises on her body and back because she was lying down on the ground during the sexual intercourse and their passionate interlude. She had enough time to make a decision on what will be the nature of her story. Her revelation cannot thus be categorized as part of the res gestae.

Petition granted.  Judgment appealed from is reversed and set aside. Accused acquitted.