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.
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