Case Name: People vs.

Gueron By: Tangonan

GR No. L-29365 Topic: Exceptions to Hearsay Rule
Date: 25 March 1983 Dying Declarations
FACTS:
The CFI found Teodoro Gueron and Emilio Magno guilty for the double murder of Bonifacio Dayoc and Dalmacio
Batica.
While Bonifacio was in a cockfighting pit, he then met an Emilio, who already was planning to form a gang.
Bonifacio retorted that Emilio was just a newcomer tp the place and hes already planning to stir trouble.
Eventuallu, a fight broke out, which later became a bolo fight. However, Emilio went back to his house and that ended
the same fight.
Later on, one day Bonifacio went work but never came home to his house.
The next day, Bonifacios lifeless body and along with that of Dalmacio, who was alive but heavily injured by a
gunshot. A number of witnesses declared that theys aw wither Gueron or Magno or as holding a gun, not none of them
actualy saw the assailants to shoot the guns at the victims.
The only witness that saw the accused shoot the gums came from Dalmacio.

ISSUE/S: W/N the TC erred in admitting the affidavit of Dalmacio as evidence.

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.