Evidence Digest: PEOPLE OF THE PHILIPPINES vs. MANOLITO TOLENTINO, et al [218 SCRA 337 (1993)]

Topic: Res Gestae (Rule 130, Section 42)

PEOPLE OF THE PHILIPPINES vs. MANOLITO TOLENTINO, et al.
[218 SCRA 337 (G.R. No. 87085 February 2, 1993)]

Facts:

This is an appeal convicting accused guilty for the crime of robbery with homicide. Grace Paule was the only surviving victim and testified that she was awaken by the four (4) accused who entered the house of her aunt one early morning and subsequently stabbed her and her three (3) cousins. She positively identified the three (3) accused.

She testified, among others, that her cousin, Geraldine, mentioned the names of the accused-appellant Tala and accused Matawaran as the persons who stabbed her before she died. Said statement was corroborated by the mother, Adelaida and was admitted by the trial court, as part of res gestae.

On this ground, accused contends otherwise arguing that the statement of Geraldine, naming her assailant soon after she was stabbed is inadmissible.

Issue:
Does the statement mentioned by the victim soon after she was stabbed, admissible as part of res gestae?

Held:
YES. As the victim had named the accused as one of the perpetrators in the commission of the crime immediately after the occurrence of the stabbing incident, the principles of res gestae were correctly applied namely:

(1) that the principal act, the res gestae, be a startling occurrence; 
(2) that the statements were made before the declarant had time to contrive or devise; and 
(3) that the statements made must concern the occurrence in question and its immediately attending circumstances

Judgement affirmed.