Case Name: People vs. Gueron GR No. L-29365 Date: 25 March 1983 By: Tangonan Topic: Exceptions To Hearsay Rule - Facts
Case Name: People vs. Gueron GR No. L-29365 Date: 25 March 1983 By: Tangonan Topic: Exceptions To Hearsay Rule - Facts
Case Name: People vs. Gueron GR No. L-29365 Date: 25 March 1983 By: Tangonan Topic: Exceptions To Hearsay Rule - Facts
RULING: NO
Although considered as hearsay, it was considered admissible in evidence for forming part of the res gesta and for being a dying
declaration.
Sec. 36, R. 130 of the Rules of Court states that statements made by a person, while a startling occurrence is taking place or
immediately prior or subsequent thereto, with respect to the circumstances therein, may be given in evidence as part of the res
gestae. Whereas, Sec. 31, R. 130 provides that a declaration of a dying declarant, under consciousness of an impending death,
may be received in evidence in a criminal case where his death is the subject of inquiry, as evidence of the casue and
surrounding circumstances of his death. Thus, since Dalmacios statement fall under both exceptions, the TC didnt err in
admitting his affidavit as admissible.