"x x x.
A dying declaration, although generally inadmissible as evidence due to its hearsay character, may nonetheless be admitted when the following requisites concur, namely: (a) that the declaration must concern the cause and surrounding circumstances of the declarant’s death; (b) that at the time the declaration is made, the declarant is under a consciousness of an impending death; (c) that the declarant is competent as a witness; and (d) that the declaration is offered in a criminal case for homicide, murder, or parricide, in which the declarant is a victim.[19]
All the requisites were met herein. Bolanon communicated his ante-mortem statement to Estaño, identifying Salafranca as the person who had stabbed him. At the time of his statement, Bolanon was conscious of his impending death, having sustained a stab wound in the chest and, according to Estaño, was then experiencing great difficulty in breathing. Bolanon succumbed in the hospital emergency room a few minutes from admission, which occurred under three hours after the stabbing. There is ample authority for the view that the declarant’s belief in the imminence of his death can be shown by the declarant’s own statements or from circumstantial evidence, such as the nature of his wounds, statements made in his presence, or by the opinion of his physician.[20] Bolanon would have been competent to testify on the subject of the declaration had he survived. Lastly, the dying declaration was offered in this criminal prosecution for murder in which Bolanon was the victim.
A declaration or an utterance is deemed as part of the res gestae and thus admissible in evidence as an exception to the hearsay rule when the following requisites concur, to wit: (a) the principal act, the res gestae, is a startling occurrence; (b) the statements are made before the declarant had time to contrive or devise; and (c) the statements must concern the occurrence in question and its immediately attending circumstances.[21]
The requisites for admissibility of a declaration as part of the res gestaeconcur herein. Surely, when he gave the identity of the assailant to Estaño,Bolanon was referring to a startling occurrence, i.e., his stabbing by Salafranca. Bolanon was then on board the taxicab that would bring him to the hospital, and thus had no time to contrive his identification of Salafranca as the assailant. His utterance about Salafranca having stabbed him was madein spontaneity and only in reaction to the startling occurrence. The statement was relevant because it identified Salafranca as the perpetrator.
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.”[22] 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.[23] 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 spontaneousreaction 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.[24] The test of admissibility of evidence as a part of the res gestaeis, 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.[25]
