This case has been cited 1 times or more.
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2012-02-22 |
BERSAMIN, J. |
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| It appears from the foregoing testimony that Bolanon had gone to the residence of Estaño, his uncle, to seek help right after being stabbed by Salafranca; that Estaño had hurriedly dressed up to bring his nephew to the Philippine General Hospital by taxicab; that on the way to the hospital, Estaño had asked Bolanon who had stabbed him, and the latter had told Estaño that his assailant had been Salafranca; that at the time of the utterance Bolanon had seemed to be having a hard time breathing, causing Estaño to advise him not to talk anymore; and that about ten minutes after his admission at the emergency ward of the hospital, Bolanon had expired and had been pronounced dead. Such circumstances qualified the utterance of Bolanon as both a dying declaration and as part of the res gestae, considering that the Court has recognized that the statement of the victim an hour before his death and right after the hacking incident bore all the earmarks either of a dying declaration or part of the res gestae either of which was an exception to the hearsay rule.[18] | |||||