Thursday, April 21, 2016

PART OF RES GESTATE:

AS A GENERAL RULE, “[A] WITNESS CAN TESTIFY ONLY TO THE FACTS HE KNOWS OF HIS PERSONAL KNOWLEDGE; THAT IS, WHICH ARE DERIVED FROM HIS OWN PERCEPTION.” x x x x x All other kinds of testimony are hearsay and are inadmissible as evidence. The Rules of Court, however, provide several exceptions to the general rule, and one of which is when the evidence is part of res gestae.

      The term res gestae has been defined as “those circumstances which are the undesigned incidents of a particular litigated act and which are admissible when illustrative of such act.” In a general way, 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 rule on res gestae encompasses the exclamations and statements made by either the participants, victims, or spectators to a crime immediately before, during, or immediately after the commission of the crime when the circumstances are such that the statements were made as a spontaneous reaction or utterance inspired by the excitement of the occasion and there was no opportunity for the declarant to deliberate and to fabricate a false statement. The test of admissibility of evidence as a part of the res gestae is, therefore, whether the act, declaration, or exclamation is so intimately 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 negatives any premeditation or purpose to manufacture testimony. (PEOPLE VS. FELICIANO, JR. [2014]).

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