Zarate v.

RTC of Gingoog
Facts: April 1- 10pm of Good Friday, Guiritan, a homosexual and beautician was seated alone on a bench outside the Sta. Rita Church. Zarate approached Guiritan and asked him for a cigarette. When Guiritan could not produce one, Zarate immediately stabbed the former with a switchblade knife and ran away. Guiritan asked for help feeling that he was profusely bleeding. Remigoso and Binasbas came to his aid. Guiritan was brought to the hospital. April 2, morning- SPO1 Alecha went to the hospital to investigate and take the ante-mortem statement of Guiritan who, at that time was lying down and feeling weak. The investigation was in Visayan and the Q and A was written down by SPO1. When Guiritan was giving his answers, SPO1 had to put his ear near Guiritans mouth because Guiritan was catching his breath. Guiritan said that he felt as if he would die from his wound and that Zarate was the one who stabbed him. The inquiry was conducted in the presence of Dr. Babanto. The statement was signed by Guiritan and Babanto. Petitioners Defense: Alibi he was helping decorate the altar for the Station of the Cross at the corner of his house. His house was 200m away from the Sta. Rita Church which would take less than 5 minutes by foot. He also said that he does not smoke. Geronima Cuerdo corroborated Zarates testimony by saying that she asked the latter to help in the decorations and that he could not have stabbed Guiritan at 10pm to midnight because she had been keeping a watchful eye on Zarate. However, she admitted that it was possible for people around the place where the altar was being arranged to have gone somewhere without her observing them. Issue: WON the Ante-mortem statement was part of res gestae since the statement was taken after the operation of Guiritan which could have affected his mental and physical condition. Held: 1. Yes. The ante-mortem statement is admissible as part of res gestae. Section 42, Rule 130 provides for the exceptions to the Hearsay Rule which includes statements given as part of the res gestae. A declaration made spontaneously after a startling occurrence is deemed part of RG when: a. The principal act, the RG is a startling occurrence b. The statements were made before the declarant had time to contrive or devise c. The statements concern the occurrence in question and its immediately attending circumstances In this case: Guiritan lost consciousness when he was brought to the hospital and regained the same the following morning after the operation. The records show that the operation was performed from 5am to 7:30am of April 2. SPO1 took the statement also in the morning of April 2. When Guiritan was giving his answers, SPO1 had to put his ear near Guiritans mouth because Guiritan was catching his breath. These reveal that the statement was taken a few hours after the operation when he regained his consciousness. His statements were still the reflex product of immediate sensual impressions so that it was the shocking event speaking through him, and he did not have the opportunity to concoct or contrive the story. Other bases for conviction: a. Positive identification by Guiritan b. The alibi and denial was unsubstantiated and unsupported