Evidence Digest: THE PEOPLE OF THE PHILIPPINES vs. GUILLERMO PUTIAN [74 SCRA 133 (1976)]

Topic: Res Gestae (Rule 130, Sec. 42)

THE PEOPLE OF THE PHILIPPINES vs. GUILLERMO PUTIAN
[74 SCRA 133 (1976)] G.R. No. L-33049 November 29, 1976

Facts:

This is an appeal convicting the accused guilty of murder arising from a stabbing incident. No eyewitness was presented to testify on the assault which resulted in the victim's death. The accused did not testify in his own behalf. The defense presented only one witness. He testified that appellant Putian was in the dance hall when the victim was stabbed outside that hall.

Meanwhile, the prosecution presented only two witnesses: (1) The doctor who treated the victim at the hospital and who testified on the nature of his wound and the cause of his death and (2) the policeman who arrested the accused and who took down the victim's ante-mortem statement Identifying "Guirmo" Putian as his assailant. Panimdim's statement was given sometime after the stabbing while he was undergoing treatment at a medical clinic.

The trial court, in convicting Putian, regarded Panimdim's ante-mortem statement as part of the res gestae. It admitted Panimdim's statement as a spontaneous statement made after the commission of a felony.

Appellant contends otherwise arguing it was not spontaneous because it was "made several hours after the incident". He claims that the requisite that the declarant gave the statement before he had time to devise or contrive was not present in this case. Appellant further contends that because the statement is in narrative form, it is not the statement contemplated in the rule.

Issue: 
If the victim's statement can be considered part of the res gestae.

Held:
YES. If such declaration was made at the time of, or immediately after, the commission of the crime, or at a time when the exciting influence of the startling occurrence still continued in the declarant's mind, it is admissible as a part of the res gestae. The victim's statement was given sometime after the stabbing while he was undergoing treatment at a medical clinic. He had no time to concoct a falsehood or to fabricate a malicious charge against the accused.

Likewise, that the statement was in question-and-answer form did not destroy the probative value of the statement. Declarant's answers were spontaneous, candid, straightforward, direct, brief, concise, natural and devoid of any design or deliberation. 

Further, although a declaration does not appear to have been made by the declarant under the expectation of a sure and impending death, and, for the reason, is not admissible as a dying declaration, it may still be admissible under the res gestae rule.

Trial court's decision is modified. Appellant is convicted of homicide.