DYING

DECLARATION
 
 DYING DECLARATION

I. DEFINITION OF DYING DECLARATION

II. ADMISSIBILITY OF DYING DECLARATION
III. PERTINENT PROVISIONS IN PNP
GUIDELINES
IV. REQUISITES OF DYING DECLARATION
V. GUIDE/FORMAT
I. DYING DECLARATION;
DEFINED
 The statements made by a person who is lying
at the point of death, and is conscious of his
approaching dissolution, in reference to the manner in
which he received the injuries of which he is dying,
or other immediate cause of his death, and in reference
to the person who inflicted such injuries or the
connection with such injuries of a person who is
charged or suspected of having committed them;
which statements are admissible in evidence in a trial
for homicide where the killing of the declarant
is the crime charged to the defendant.

Black’s Law Dictionary

DYING DECLARATION – Requisites. In order that a dying
declaration may be admissible, the following requisites must
concur:

1) it must concern the crime involved in and the

circumstances surrounding the declarant’s death;
2) at the time of the declaration, the declarant must be
conscious of impending death;
3) the declarant must be competent as a witness; and
4) the declaration must be offered in a criminal case for
homicide, murder, or parricide in which the declarant was the
victim.

Criminal Investigation Manual (Revised 2011)

DYING DECLARATION – statement made by
a dying person, under the consciousness of
an impending death, stating the facts
concerning the cause of and the
circumstances surrounding such impending
death.

PNP Field Investigation Manual For

Murder/Homicide Cases (2015)
II. ADMISSIBILITY OF DYING
DECLARATION
 TESTIMONIAL KNOWLEDGE

Testimony confined to personal knowledge. —

A witness can testify only to those facts which he
or she knows of his or her personal knowledge;
that is, which are derived from his own
perception.

(Section 22, Rule 130 of the 2019 Amendments to the

1989 Revised Rules on Evidence)
 Dying declaration. The declaration of a dying
person, made under the consciousness of an
impending death, may be received in any case
wherein his or her death is the subject of
inquiry, as evidence of the cause and
surrounding circumstances of such death.

(Section 38, Rule 130 of the 2019 Amendments to the 1989

Revised Rules on Evidence)
REASONS FOR ADMISSIBILITY
OF DYING DECLARATION

1) Necessity

2) Trustworthiness
III. PERTINENT PROVISIONS IN THE
PNP GUIDELINES
Protocol 4: Duties of the First Responder

g. Prepare to take the “Dying Declaration” of severely injured

persons with the following requisites:

1. That death is imminent and the declarant is conscious of

that fact;
2. That the declaration refers to the cause and surrounding
circumstances of such death;
3. That the declaration relates to facts which the victim is
competent to testify to; and
4. That the declaration is offered in a case wherein the
declarant‟s death is the subject of the inquiry. (Section 37, Rule
130 of the Rules of Court).

Criminal Investigation Manual (Revised 2011)

a. If in serious condition
xxx xxx
3. Get the dying declaration; if necessary (ask 3 questions):
a) Ano ang pangalan at address mo?
b) Kilala mo ba ang gumawa nito sa iyo?
c) Sa pakiramdam mo ba ay ikamamatay mo ang tinamo
mong sugat?
However, if there is still a chance to ask more
questions, then follow-up should be done. The statement,
once reduced into writing, shall be duly signed by or with
thumb mark of the victim.
Criminal Investigation Manual (Revised 2011)
 Checklist of Procedures at the Crime Scene
First Responder

Save and preserve life. xxx

Provide emergency first aid for those injured at the scene
and evacuate them to hospital.
Prepare to take the “Dying Declaration” of severely
injured person if any.
xxx xxx
Turn-over the crime scene to investigator-on-case.

Field Manual on Investigation of Crimes of Violence and other

Crimes (2011)
 Specific Functions, Responsibilities and Procedures:

  

First Responder:  
xxx
b. The FR is mandated to save and preserve life
by giving the necessary first aid measures to the
injured and their medical evacuation as necessary.
xxx
d. The FR shall take the dying declaration of
severely injured person/s, if any.
xxx xxx.
SOP No. ODIDM – 2011 - 008
Re: Conduct of Crime Scene Investigation
a. First Responder (FR)
xxx xxx
(4) The FR shall take the dying declaration of severely
injured person/s, if any. Requisites of a “Dying Declaration”
are:
a. That death is imminent and the declarant is conscious
of that fact; 
b. That the declaration refers to the cause and
surrounding circumstances of such death; 
c. That the declaration relates to facts which the victim is
competent to testify to; and 
d. That the declaration is offered in a case wherein the
declarant’s death is the subject of the inquiry.

Revised PNP Operational Procedures (December 2013)

Revised PNP Operational Procedures (December 2013)
NO. ACTIVITY YES NO
   
1 The declaration was made by a dying person?
   
2 The declaration was made under a
consciousness of his imminent death?
   
3 The declaration refers to the cause and
circumstances surrounding his/her death?
   
4 Had he/she survived, is competent as a
witness?
   
5 The declarant died? (Even if not immediately)

PNP Field Investigation Manual For Murder/Homicide Cases (2015)

IV. REQUISITES OF DYING
DECLARATION
 1) The declaration must concern the cause and
surrounding circumstances of the declarant's death;

2) At the time the declaration was made, the

declarant must be under the consciousness of an
impending death;

3) The declarant is competent as a witness; and

4) The declaration must be offered in a criminal

case for homicide, murder, or parricide, in which the
declarant is the victim.
People vs. Serenas, G.R. No. 188124, June 29, 2010
 (a) it concerns the cause and the surrounding
circumstances of the declarant’s death;
 
(b) it is made when death appears to be imminent
and the declarant is under a consciousness of impending
death;
 
(c) the declarant would have been competent to
testify had he or she survived; and

(d) the dying declaration is offered in a case in which

the subject of inquiry involves the declarant’s death.

People vs. Rarugal, G.R. No. 188603, January 16, 2013

 (a) the declaration must concern the cause and
surrounding circumstances of the declarant’s death;

(b) that at the time the declaration was made, the

declarant is conscious of his impending death;

(c) the declarant was competent as a witness; and

(d) the declaration is offered in a criminal case for

Homicide, Murder, or Parricide where the declarant is
the victim.

People vs. Palanas, G.R. No. 214453, June 17, 2015

 As an exception to the rule against hearsay
evidence, a dying declaration or ante mortem
statement is evidence of the highest order and is
entitled to utmost credence since no person
aware of his impending death would make a
careless and false accusation.

People vs. Serenas, G.R. No. 188124, June 29, 2010

 In the case at bar, it appears that not all the requisites
of a dying declaration are present. From the records, no
questions relative to the second requisite was propounded to
Januario. It does not appear that the declarant was under the
consciousness of his impending death when he made the
statements.
The rule is that, in order to make a dying declaration
admissible, a fixed belief in inevitable and imminent death
must be entered by the declarant. It is the belief in impending
death and not the rapid succession of death in point of fact
that renders a dying declaration admissible. The test is
whether the declarant has abandoned all hopes of survival and
looked on death as certainly impending. Thus, the utterances
made by Januario could not be considered as a dying
declaration.
People vs. Gatarin, G.R. No. 198022, April 7, 2014
V. GUIDE/TEMPLATE
 Contents of the Declaration: 
1. Identity of the assailant
2. Consciousness of an impending death
3. Surrounding circumstances of the incident
Questions to be asked when the victim can identify the
assailant:
1. Sino po ang sumaksak (bumaril, pumalo, etc) sa inyo?
2. Naniniwala po ba kayo na kayo ay mamamatay na
dahil sa tinamo ninyo na sugat?
3. Ano po ba ang nangyari at sinaksak (binaril, pinalo
etc.) kayo?

Revised PNP Operational Procedures (December 2013)

 Questions to be asked when the victim cannot identify
the assailant:
1. a. Ano po ang suot niyang damit?
b. Gaano po siya kataas?
c. Mga ilang taon na po siya?
d. Hugis ng mukha?
e. Tabas ng buhok?
f. Mga ibang pagakakilanlan?
g. Saan po siya tumakbo?

2. Naniniwala po ba kayo na kayo ay mamamatay na dahil

sa tinamo ninyong sugat?

3. Ano po ba ang nangyari at sinaksak (binaril, pinalo etc.)

kayo?
Revised PNP Operational Procedures (December 2013)
 “For who maketh thee to differ from
another? and what hast thou that thou didst
not receive? now if thou didst receive it, why
dost thou glory, as if thou hadst not received
it?” 
(I Corinthians 4:7)

TO GOD BE THE GLORY