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    G.R. No. 139150 Pablo Dela Cruz Vs CA

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    Paul Arman Murillo
    Pablo dela Cruz was charged with murder for shooting X. Witnesses at the scene told the investigating officer that "yun hong pulis na nakatira sa tapat" or "that police officer living across" was responsible for the shooting. The Court ruled this statement was admissible as part of the res gestae, or spontaneous utterance. Res gestae refers to spontaneous statements made immediately before, during, or after a crime when the circumstances prevent fabrication. The Court found the statement identifying the police officer living across met the criteria of res gestae as a spontaneous reaction made shortly after the startling event without opportunity for deliberation. Pablo dela Cruz was found guilty of murder.

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    G.R. No. 139150 Pablo Dela Cruz Vs CA

    Uploaded by

    Paul Arman Murillo
    84 views2 pages
    Pablo dela Cruz was charged with murder for shooting X. Witnesses at the scene told the investigating officer that "yun hong pulis na nakatira sa tapat" or "that police officer living across" was responsible for the shooting. The Court ruled this statement was admissible as part of the res gestae, or spontaneous utterance. Res gestae refers to spontaneous statements made immediately before, during, or after a crime when the circumstances prevent fabrication. The Court found the statement identifying the police officer living across met the criteria of res gestae as a spontaneous reaction made shortly after the startling event without opportunity for deliberation. Pablo dela Cruz was found guilty of murder.

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    G.R. No. 139150 Pablo Dela Cruz vs CA

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    Pablo dela Cruz was charged with murder for shooting X. Witnesses at the scene told the investigating officer that "yun hong pulis na nakatira sa tapat" or "that police officer living across" was responsible for the shooting. The Court ruled this statement was admissible as part of the res gestae, or spontaneous utterance. Res gestae refers to spontaneous statements made immediately before, during, or after a crime when the circumstances prevent fabrication. The Court found the statement identifying the police officer living across met the criteria of res gestae as a spontaneous reaction made shortly after the startling event without opportunity for deliberation. Pablo dela Cruz was found guilty of murder.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    84 views2 pages

    G.R. No. 139150 Pablo Dela Cruz Vs CA

    Uploaded by

    Paul Arman Murillo
    Pablo dela Cruz was charged with murder for shooting X. Witnesses at the scene told the investigating officer that "yun hong pulis na nakatira sa tapat" or "that police officer living across" was responsible for the shooting. The Court ruled this statement was admissible as part of the res gestae, or spontaneous utterance. Res gestae refers to spontaneous statements made immediately before, during, or after a crime when the circumstances prevent fabrication. The Court found the statement identifying the police officer living across met the criteria of res gestae as a spontaneous reaction made shortly after the startling event without opportunity for deliberation. Pablo dela Cruz was found guilty of murder.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    PABLO DELA CRUZ, 

    petitioner, vs. COURT OF APPEALS and PEOPLE OF THE


    PHILIPPINES, respondents. G.R. No. 139150 July 20, 2001

    Facts:

    X was managing the ongoing construction of his house. One afternoon, two of his
    workers had to unload construction materials from his Ford Fiera. The Ford Fiera was
    parked in front of the house of Y, a Philippine National Police personnel. Another
    vehicle was also parked behind the Ford Fiera. X demanded from Y to move the vehicle
    backward and angrily uttered obscene words to him. Because of the car parked at the
    back of his Fiera, X was unable to move further his vehicle. Y shouted invectives anew
    at him. Finally, as X was able to move his Ford Fiera forward, which left the Y's
    driveway open, Y drove his jeep out from the garage of his house with his two kids on
    board at the backseat. X drove the Fiera forward and parked further at the side of the
    road. By that time, Y's jeep could already pass through the road. At that moment, the
    two workers who were standing behind the Fiera heard successive shots of gunfire.
    They instinctively turned their sights towards the origin of the gunshots; and they saw
    smoke coming from the side of Y's jeep and Y seated in the driver's seat still holding his
    gun pointing towards the Fiera. Y alighted from his jeep, walked towards X’s position,
    re-loaded his gun with another magazine and shot X anew. Y immediately left the scene
    on board his jeep. While the manhunt continued, Y's relatives sent surrender feelers to
    the Sangandaan Police Station. Finally, Y gave himself up the police authorities to clear
    his name from any culpability of the crime imputed against him. Initially, the Information
    filed against Y charged him with homicide. Subsequently, the Information was amended
    and charged Y with murder. On trial, one SP03 Bato Sinas, a prosecution witness,
    testified that when he conducted the investigation immediately after the incident
    occurred, he questioned those people at the scene of the crime if they know who shot
    the victim. The response he got was: "yun hong pulis na nakatira sa tapat" referring to
    Y. 

    Issue:

    Whether or not the statement made by the bystanders (two workers) imputing the crime
    to petitioner as res gestae admissible?

    Ruling:

    Yes. Although the people who gave this information were not presented on the witness
    stand, the Court still resolved to admit and consider this spontaneous exclamation from
    the spectators competent as "PART OF RES GESTAE". Records of this case reveal
    that the incident was reported to SPO3 Bato Sinas wherein they rushed to the scene of
    the crime to investigate. It was at that instance that he gathered the aforesaid
    information.

    "RES GESTAE" refers to those exclamations and statements made by either the
    participants, the victim(s) 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 spontaneous reaction or utterance inspired by
    excitement of the occasion and there was no opportunity for the declarant to deliberate
    and to fabricate a false statement (People vs. Sanchez, 213 SCRA 70). As borne by
    evidence on record, all the elements of res gestae are sufficiently established, insofar
    as the aforequoted spontaneous utterance is concerned:

    a) the principal act (res gestae) – the killing of Y in broad daylight – is a startling
    occurrence;

    b) the statements were made before the declarants had time to contrive or devise – that
    is, within several minutes after the victim was shot; and

    c) that the statements must concern the occurrence in question and its immediately
    attending circumstances – the identity of the assailant is a material and vital information
    that concerns the aforementioned startling occurrence

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