VI.

Admissibility Hearsay Rule Res Gestae PEOPLE VS BERAME _____________________________________________________________________________________ FACTS: - Domiciano Berame was convicted of the crime of murder for the killing of the deceased Quirico Maningo apparently arising from the intense partisanship generated by local politics. Appellant was positively identified by a son of the deceased who was just a meter away at the sala of their rented house at the time of the fatal incident - After the victim was shot, his adopted son Danilo Maningo looked towards the main door where the shots came from and saw the accused holding a .38 caliber revolver. He was easily identifiable as there was a big light at the main door of the house. When the firing ceased, the witness saw 2 persons, one of them was the accused, scampering away. - PC Provincial Commander testified that at the back of the hospital, he saw one of the alleged assailants hiding, they saw footprints and recovered a rubber shoe. When the accused was required to put it on, it fit exactly with his right foot - one of the accused, Montinola, admitted that he was one of the killers and his companions were a certain Doming and one Erning. - Nine hours has already elapsed from the time of the killing before the accused Montinola admitted such killing ISSUE: WoN the confession of accused Montinola is admissible since 9 hours has already elapsed from the time of the killing when such confession was made? RULING:(YES) - the admission of Montinola is considered as part of res gestae. - the nine hours is not enough to take it out of the operation of the principle. - All that is required for the admissibility of a given statement as part of the res gestae is that it may be under the influence of a starting event witnessed by the person who made the declaration before he had time to think and make up a story or to 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 - Whether specific statements are admissible as part of the res gestae is a matter within the sound discretion of the trial court, the determination of which is ordinarily conclusive upon appeal, in the absence of a clear abuse of discretion >> here, there cannot possibly be any abuse of discretion