Bathan Notes October 2017 Rem
SAN SEBASTIAN COLLEGE-R, Manila Instue of Law 201 !RE-BAR NOTES IN REME"IAL LA# B$% &'"GE E(L( BAT)AN CI*IL !ROCE"'RE 1. (objectve queston HOT Iem) Enumerate the appellate court’s dual funcon. Ans. The following are the dual funcons of appellate court, viz:
The review for correctness funcon . -
the case case is revie reviewe wed d on appeal appeal to assure assure that that subs substa tan nal al jusce jusce has has been done.
is conc concern erned ed with with the jusce jusce of a parcu parcular lar case. case.
this this pe perta rtains ins to the the doc doctr triine of of res judicaa, which decides the case and seles the th e controversy. controversy.
The instuonal funcon . -
refers refers to to the progr progressi essive ve devel developmen opmentt of the law law for gener general al applica applicaon on in the judicial system.
is concer ncerne ned d with with the the ar arcula ulaon and appl applic ica aon of cons onstu tuo onal nal principles, the authoritave interpretaon of statutes, and the formulaon of policy within the proper sphere of the judicial funcon.
this pe pertains to to sare decisis, which pertains to the precedenal value of the case which assists in deciding future similar cases by the applicaon of the rule or principle derived from the earlier case.
With With each each leve levell of the appell appellat ate e struc structur ture, e, the revie review w for corr correct ectnes nesss funco funcon n uniformity of judicial DIMINISHES and the instuonal funcon, which concerns itself with uniformity administr administrao aon n and the progres progressiv sive e developm development ent of the law, law, INCREASES . (Discussed by your your Chairma Chairman, n, Supreme Supreme Court usce! usce! the Hono Honora"l ra"le e #ucas #ucas $. %ersamin %ersamin in his oo! ent"ed & Appeal and Re'ie( in the $hilippines! )*** ed.! p. +,,! avai"ab"e a Cenra" oo! #u$$"y, Inc% -.
). (objectve queston HOT Iem) hat is /slip rule0 Ans. one of the excepons to the rule that modicaon of judgment or order is not allowed a!er its nality this is allowed to correct clerical errors and ambiguies in decisions. this is allowed where disposive poron of a nal and executory judgment contains a clerical error or an ambiguity arising from an inadvertent omission, the error or ambiguity may be claried by reference to the body of the decision itself. This is generally s"i$ ru"e ru"e #so-called "nown as the s"i$ #so-called because the clerical mista"es mista"es or errors arise from (Discu cusse ssed d by your your Chai Chairm rman an,, Supreme Court usce! the accide accident ntal al slip slip or omiss omission ion (Dis Honora"le #ucas $. %ersamin in his oo! ent"ed & Appeal and Re'ie( in the $hilippines! )*** ed.! p. +)2! cin3 Castelo 's. CA! )22 SCRA 14*- .
+. (objectve queston HOT Iem) Aside from slip rule! as one of the e5cepons e5cepons to the rule that modi6caon of 7ud3ment or order is not allo(ed a8er its 6nalit9! (hat is the other e5cepon Ans. To ma"e the judgment conform to prevailing circumstances. E5ample& reinstatement of an illegally dismissed employee is inappropriate because of the employer$s eventual closure (Discussed by your Chairman, Supreme Court usce! the Honora"le #ucas $. %ersamin in his oo! ent"ed & Appeal and Re'ie( in the $hilippines! )*** ed.! pp. +)+:+)2! citn& ;alinde< 's. Rural %an= of #lanera! Inc.! 1>, SCRA 1+)! 1+4:1+?-. 2. Discus Discusss /harml /harmless ess error0 error0 rule rule Ans. %n an appealed decision, the errors are harmless if they do not produce substanal prejudice to the appellant. They are minor or inconse&uenal if they do not a'ect the results of the cases di'erently, even it considered by the appellate courts. When the errors are harmless, minor, or inconse&uenal, reversal on appeal should not be handed by the appellate courts. (n error is consider considered ed reversible reversible (no "on&er harm"ess) if it is su)ciently serious or gra grave tha that the the subs substa tan nal al righ rights ts of the the appe appell llan ants ts are are prej prejudi udice ced d (Discu (Discussed ssed by your your Chairm Chairman, an, Supreme Supreme Court usce usce!! the Hono Honora"l ra"le e #ucas #ucas $. %ersamin %ersamin in his oo! ent"ed & Appeal and and Re'ie( Re'ie( in the $hilippines! $hilippines! )*** )*** ed.! p. +@)- . ,. hat hat is the the mai main n tas tas= = of of th the 7ud 7udic icia iall pro proccess ess Ans. The orderly and peaceful resoluon of disputes among the contending pares according to a set of rules and an evolving body of jurisprudence. ( system of courts is in place to ensure ensure the fairness fairness and reasonablene reasonableness ss of the judicial process process (Discussed by your Chairm Chairman, an, Supreme Supreme Court usce usce!! the Hono Honora"l ra"le e #ucas #ucas $. %ersamin %ersamin in his oo! ent"ed & Appeal and and Re'ie( Re'ie( in the $hilippines! $hilippines! )*** )*** ed.! p. ,4- . @. ha hat ar are th the st sta3es 3es o off 7ud 7udiicia cial pro proccess ess Ans. The*
rial + and Trial involves itself with the collecon of facts, collaon of proof, weighing of evidence, and resoluon of the controversy. Re'ie( %ncludes all proceedings ta"en to review, revise, reverse, modify, or a)rm the resoluon of the controversies, or in the proper cases, to remand or to remit. %n both stages, due process must be observed (Discussed by your Chairman, Supreme Court usce! the Honora"le #ucas $. %ersamin in his oo! ent"ed & Appeal and Re'ie( in the $hilippines! )*** ed.! p. ,4- .
>. Does appeal e5ist as a maBer of ri3ht from the decision rendered "9 a trial court in the e5ercise of appellate 7urisdicon Ans. o. The general rule is that appeal from the decision rendered by a trial court in the exercise of appellate jurisdicon +oes no eis as a a.e/ of /i . 4. Is there a disncon "et(een appeals as a maBer of ri3ht and as a maBer of discreon Ans. es, there is. (s a maer of right. This refers to the right to see" a review by a superior court of the judgment on the merits rendered by the trial court. This is a right a!er trial in the rst instance. ( as maer of discreon. This is one which the reviewing court may or may not allow. This is the one ta"en from a decision rendered by a court in the exercise of its primary appellate jurisdicon or one ta"en to the upreme /ourt 0from 1T/ to 2T/ to /( on 2ule 34, or to / on 356. ?. Is appeal to the SC a maBer of ri3ht Ans. o. %t is not a maer of right, ee3 in /iinal ases where the maximum imposed penalty is death, life imprisonment or rec"usion $er$eua. 1*. Disn3uish failure to /state a cause of acon0 from /lac= of cause of acon0. Ans. 4ailu/e o /state a cause of acon0 /efe/s o e insu5ien$ of alleaton in e 3lea+in, wile /lac= of cause of acon0 /efe/s o e insu5ien$ of faual 6asis fo/ e aton. 7ailure to state a cause may be raised in a 1oon to 8ismiss under 2ule 9:, while lac" of cause may be raised any me (a'er he anser is "ed or a'er $resenaton o* evidence). 8ismissal for failure to state a cause can be made at the earliest stages of an acon. 8ismissal for lac" of cause (+no cause o* acton) is usually made a!er &uesons of fact have been resolved on the basis of spulaons, admissions or evidence presented # ee %athan! Recitals citn& Da"uco 's. CA! +>? $hil. ?+? cied in Auino 's. uia cied in Indiana Aerospace Gni'ersit9 's. CHED! April 2! )**1- + peon for cerorari may also be led if the trial court declared the defendant in default with grave abuse of discreon #ui Enterprises 's. uelli3 $harma Corporaon! et al.! March *>! )*12 citn& Sps. Delos Santos 's. ud3e Carpio! ,++ $hil. 2) Acance 's. CA! 2?+ $hil. @>@ Indiana Aerospace Gni'ersit9 's. CHeD! su$ra -. a remedy of annulment of judgment under 2ule 3@ is also available to defendant. This is true and possible when for example the case is cogniBable by the second level court but led and decided by the rst level court. Therefore, annulment of judgment is available on ground of lac" of jurisdicon so long as the same should be led within the prescripve period.
JNKE IN REMEDL K A$$EA# IN DEAG#& there is no need to secure an order of li!ing an order of default because ling a noce of appeal is considered as a post judgment remedy. The remedial measures are available to a party in default if the order declaring him in default is not a patent nullity or void, because if the order declaring him in default is a clear and patent nullity, his available remedy is certorari under 2ule :5C. 1). hat a"out moons for summar9 7ud3ment or 7ud3ment on the pleadin3! are these remedies a'aila"le on the part of the plain if defendant failed to 6le ans(er Ans. o. ling of moons for summar9 7ud3ment or 7ud3ment on the pleadin3 are not proper. The reason is obvious. 7or these remedies to apply, it presupposes that an answer is
led. 7or summary judgment to apply there must exists a genuine issue Narra Inte3rated Corporaon 's. CA! +22 SCRA >41 cied in ood echnolo39 Corporaon 's. Euita"le %an=in3 Corporaon! 2,1 SCRA >)2- . Dudgment on the pleadings is proper when an answer fails to tender an issue, or otherwise admits the material allegaons of the adverse party$s pleading Municipalit9 of i(i 's. %eto! @)2 SCRA @)+- .
1+. Are the remedies of moon to set aside order of default! moon for ne( trial! and peon for relief from 7ud3ment alterna'e or cumula'e Ans. The said remedies are not alternave or cumulave. The remedies are mutually exclusive. This is to compel defendants to remedy their default at the earliest possible opportunity. 8epending on when the default was discovered and whether a default judgment was already rendered, a defendant declared in default may avail of only one of the three 0>6 remedies. Thus, if a defendant discovers his or her default before the trial court renders judgment, he or she shall le a moon to set aside order of default. %f this moon to set aside order of default is denied, the defendant declared in default cannot await the rendion of judgment, and he or she cannot le a moon for new trial before the judgment becomes nal and executory, or a peon for relief from judgment a!er the judgment becomes nal and executor #ui Enterprises 's. uelli3 $harma Corporaon! et al.! March *>! )*12- .
12. hat is the remed9 of the defendant if his default declaraon is improper Ans. Eeon for certorari under 2ule :5 to declare the nullity of judgment by default is also available if the trial court improperly declared a party in default, or even if the trial court properly declared a party in default, if grave abuse of discreon aended such declaraon 0;uan- . Ere-trial in civil acons is mandatory De'elopment %an= of the $hilippines 's. CA! 1@? SCRA 2*?-. %t is a procedural device intended to clarify and limit the basic issues between the pares and to ta"e the trial of cases out of the realm of surprise and maneuvering Interlinin3 Corporaon 's. $hilippine rust Compan9! 2)4 $hil. ,42 and $ermanent Concrete $roducts! Inc. 's. eodoro! 1+, $hil. +@2 cied in #CQ Industries Inc. 's. $lanters De'elopment %an=! No'em"er )+! )**>- . %t is a tool to assist the trial court in the orderly and expedious conduct of trials $ioneer Insurance and Suret9 Corp. 's. Hontanosas! >4 SCRA 22> citn& Rice and Corn Administraon 's. Kn3 Ante! 11 SCRA @+@! cied in Loun3 's. CA! )*2 SCRA ,42- . %t is a procedural device intended to clarify and limit the basic issues between the pares. %t thus paves the way for a less cluered trial and resoluon of the case. %ts main objecve is to simplify, abbreviate and expedite the trial, or totally dispense with it Interlinin3 Corporaon 's. $hilippine rust Compan9! +>4 SCRA ,)1! citn& he cases o* A"u"a=ar 's. A"u"a=ar! +1> SCRA )@2 inio 's. Man SCRA 2@* Son 's. Son! ),1 SCRA ,,@- . %ts purpose is to obviate the element of surprise Co 's. CA! +,+ $hil. +*, cied in #CQ Industries Inc. 's. $lanters De'elopment %an=! ,+4 SCRA @+2- . The reason for ma"ing pre-trial mandatory is that pre-trial conferences bring the pares together, thus ma"ing possible an amicable selement or doing away with at least the non-essenals of a case from the beginning $ioneer Insurance and Suret9 Corp. 's. Hontanosas! >4 SCRA 22> citn& %or7a 's. Ro5as! >+ $hil. @2>! cied in Loun3 's. CA! Decem"er 2! 1??1- . %t is primarily intended to ma"e certain that all issues necessary to the disposion of a case are properly raised #CQ Industries Inc. 's. $lanters De'elopment %an=!
,+4 SCRA @+2- , and the courts to ma"e full use of the pre-trial proceedings primarily so that all issues necessary to the early disposion of a case can be properly determined and to explore all avenues towards a compromise or selement of the case Marne< 's. ud3e De #a Merced! 1>2 SCRA 14)- . The purpose of entering into a spulaon of facts is to expedite trial and to relieve the pares and the court as well of the costs of proving facts which will not be disputed on trial and the truth of which can be ascertained by reasonable in&uiry. %ts main objecve is to simplify, abbreviate and expedite the trial, or totally dispense with it Interlinin3 Corporaon 's. $hilippine rust Compan9! 2)4 $hil. ,42 cied in #CQ Industries Inc. 's. $lanters De'elopment %an=! No'em"er )+! )**>- . o, to obviate the element of surprise, pares are expected to disclose at the pre-trial conference all issues of law and fact they intend to raise at the trial Calte5 $hilippines-! Inc. 's. CA! Au3ust 1*! 1??) cied in #CQ Industries Inc. 's. $lanters De'elopment %an=! ,+4 SCRA @+2- . The pares are bound to honor the spulaons they made during the pre-trial Interlinin3 Corporaon 's. $hilippine rust Compan9! March @! )**)8, and also bound by the representaons and statements in their respecve pre-trial briefs Item A.) f-! A.M. No. *+:1*:*?:SC! ;uidelines to "e K"ser'ed "9 rial Court ud3es and Cler= of Courts in the Conduct of $re:rial and Gse of Deposion:Disco'er9 Measures- . (ccording to $hilippine $r9ce Assurance Corporaon 's. CA! )+* SCRA 1@2 , the pretrial is mandatory in any acon, the main objecve being to simplify, abbreviate and expedite trial, if not to fully dispense with it. Kence, consistent with its mandatory character the 2ules oblige not only the lawyers but the pares as well to appear for this purpose before the court.
)). hat are the eects if counsel andPor part9 fails to 6le pre:trial "rief Ans. The lawyer$s failure to le brief for his client certainly constutes inexcusable and fatal negligence on the part of the lawyer %allesteros! Sr. 's. AB9. Apia3! A.C. No. ,>@*- , and a ground for dismissal of the case Spouses Soriano 's. AB9. Re9es! A.C. No. 2@>@- . 7or this reason, respondent$s failure to submit the pre-trial brief to the court within the given period constutes negligence which entails disciplinary acon. ot only is it a derelicon of duty to his client but to the court as well Spouses Soriano 's. AB9. Re9es! A.C. No. 2@>@- . (n aorney is bound to protect his client$s interest to the best of his ability and with utmost diligence. ( failure to le brief for his client certainly constutes inexcusable negligence on his part. The respondent has indeed commied a serious lapse in the duty owed by him to his client as well as to the court not to delay ligaon and to aid in the speedy administraon of jusce ;alen 's. AB9. $a3uiri3an! 2)4 $hil. ,?* citn& an 's. #apa=! +,* SCRA >2! cied in %allesteros! Sr. 's. AB9. Apia3! 2>1 SCRA 111- . Lut if the pre-trial brief was led to the court and service to the adverse party through registered mail and the same were not received by the court and the adverse party at least three days prior to the scheduled pre-trial, the non-receipt of the court and the adverse party copy of their pre-trial brief was considered as beyond the control of the one who served the
same via registered mail, and the trial court has the discreon to li! the order of dismissal a!er giving credence to the party movant$s explanaon Repu"lic 's. Kleta! ,+* SCRA ,+2- .
)+. Can trial 7ud3e ac'el9 parcipate in the conduct of pre:trial If 9es (hat are the trial court’s dues durin3 the conduct of pre:trial Ans. %n a pre-trial, the judge is not a passive arbiter+ he is an acve parcipant who constantly see"s avenues through which trial can be expedited, simplied or even avoided by a resort to alternave modes of dispute resoluon iu 's. Middleton! +1* SCRA ,4*- . (s regards contents of pre-trial brief, the trial court has the power to mou $ro$rio dismiss the case (com$"ain or couner1c"aim) for failure of a party to address and discuss with sincerity and candor and in enre good faith his o'er or counter o'er for the purpose of entering into an amicable selement, and failure to state the tenor or character of the tesmony of the witnesses. Kowever, an order of dismissal may be a subject of legal in&uiry by the aggrieved party. %f a party fails to comply, the court can mou $ro$rio dismiss the case on two grounds* 1- failure to comply with the rules of court+ and )- failure to comply with the order of the court.
)2. Is there a need to conduct second or another set of pre:trial a8er the complaint is amended hat a"out if the pares a3reed to another set of pre:trial Ans. There is no need to have another pre-trial if there had already been a pre-trial conducted prior to the ling of an amended complaint as the conduct of another one would be impraccal, useless and me-consuming to call another pre-trial $ioneer Insurance and Suret9 Corp. 's. Hontanosas! >4 SCRA 22>- . When the issues had been joined and when the court itself had been sased that a hearing on the merits is the next step to conduct a!er the pre-trial, and the pares had previously agreed to disagree to another pre-trial, there is no need to conduct another one as it will serve no purpose for the court to call again for another pre-trial. %t would be impraccal, useless and me-consuming $ioneer Insurance and Suret9 Corp. 's. Hontanosas- . %f the court sets the case for second pre-trial despite the pares$ disagreement, acon for second pre-trial seIng is tantamount to acon without authority, and if, let say defendant failed or did not appear on the said second pre-trial, plain' can not be allowed to present evidence e01$are because second pre-trial is not mandatory Firon ransportaon Co.! Inc.! 2** SCRA ,>*- . ame is true if pares agreed to have second set of pre-trial a!er the rst, because conduct of second pre-trial is impraccal, useless and me-consuming, thus, not mandatory. Therefore, if defendant fails to appear during the second pre-trial, plain' is not entled to present evidence e01$are.
),. Are parties and lawyers appearance during pre-trial conference mandatory? If yes, is there an exception? Yes. Parties and lawyers appearance during pre-trial conference is mandatory, their presence cannot be excused, except :
a valid excuse; and appearance of a representative on behalf of a party who is fully authorized in writing to enter into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter into stipulations or admissions of facts and documents (Durban Apartments Corporation vs !ioneer Insurance ,"#$ %C&A '').
The non-appearance of a party and counsel may be excused if* 096 a valid cause is shown+ or 046 there is an appearance of a representave on behalf of a party fully authoriBed in wring to enter into an amicable selement, to submit to alternave modes of dispute resoluon, and to enter into spulaons or admissions of facts and of documents. What constutes a valid cause is subject to the courtFs sound discreon and the exercise of such discreon shall not be disturbed except in cases of clear and manifest abuse Gltra Mar Aua Resource! Inc. 's. erminda Construcon Ser'ices! ;.R. No. 1?1+,+- . The case of De'elopment %an= of the $hilippines 's. CA , .232 case, the Kigh /ourt made to emphasiBe that of 2ule 9, 2ules of /ourt provides that . The subject-maer of the acon is a claim or demand against the estate of such deceased person or against person of unsound mind+ 3. Kis tesmony refers to any maer of fact of which occurred before the death of such deceased person or before such person became of unsound mind 0 Sun3a:Chan 's. Chua! Au3ust 1,! )**16.
+?. hat is the o"7ect or purpose of the rule dead man’s statute- Ans. The object and purpose of the rule is to guard against the temptaon to give false tesmony in regard to the transacon in &ueson on the part of the surviving party and further to put the two pares to a suit upon terms of e&uality in regard to the opportunity of giving tesmony. 9 %t is designed to close the lips of the party plain' when death has closed the lips of the party defendant, in order to remove from the surviving party the temptaon to falsehood and the possibility of cous claims against the deceased ; oi 's. CA! Septem"er )+! 1?4@- . 2*. A mere (itness (ho is not included in the enumeraon under Secon )+ of Rule 1+* prohi"ited from tesf9in3. 1ere witnesses who are not included in the above enumeraon are not prohibited from tesfying as to a conversaon or transacon between the deceased and a third person, if he too" no acve part therein, because the rule is exclusive and cannot be construed to extend its scope by implicaon so as to dis&ualify persons not menoned therein Sanson 's. CA! April ))! )**+ 6. 21. 4ailu/e o seasona6l$ in9o:e +is;uali4ORMAL O44ER .
The court shall consider no evidence which has not been formally o'ered. The purpose for which the evidence is o'ered must be specied. %f the evidence is not formally o'ered, it has no probave value and must be excluded by the court Spouses Kn3 's. CA! +@1 $hil. ++4-. 8ocumentary and object evidence shall be o'ered a!er the presentaon of a partyFs tesmonial evidence. uch o'er shall be done orally unless allowed by the court to be done in wring. %t re&uires that such o'er shall be done orally unless allowed by the /ourt to be done in wring Heirs of $asa3 's. Spouses $arocha! April )>! )**>- (
Reason for necessit9 of formal oer of documentar9 andPor o"7ect
The 2ules of /ourt provides that Rthe court shall consider no evidence which has not been formally o'ered.R ( formal o'er is necessary because judges are mandated to rest their ndings of facts and their judgment only and strictly upon the evidence o'ered by the pares at the trial. %ts funcon is to enable the trial judge to "now the purpose or purposes for which the proponent is presenng the evidence. Mn the other hand, this allows opposing pares to examine the evidence and object to its admissibility #ee $asa3-. The rule on formal o'er of evidence is intertwined with the constuonal guarantee of due process. Eares must be given the opportunity to review the evidence submied against them and ta"e the necessary acons to secure their case #ee Repu"lic 's. ;imene3 of 2ule 9>4 of the 2ules of /ourt should prevail.
Disn3uish res 3estae from d9in3 declaraon.
(ns. The term res &esae has been dened as those circumstances which are the undesigned incidents of a parcular ligated act and which are admissible when illustrave of such act. %n a general way, res &esae refers to the circumstances, facts, and declaraons that grow out of the main fact and serve to illustrate its character and are so spontaneous and contemporaneous with the main fact as to exclude the idea of deliberaon and fabricaon. The rule on res &esae encompasses the exclamaons and statements made by either the parcipants, victms, or spectators to a crime immediately before, during, or immediately a!er the commission of the crime when the circumstances are such that the statements were made as a s$onaneous reacon or uerance inspired by the excitement of the occasion and there was no opportunity for the declarant to deliberate and to fabricate a false statement. ( declaraon or an uerance is deemed as part of the res &esae and thus admissible in evidence as an excepon to the hearsay rule when the following re&uisites concur, to wit* 0a6 the principal act, the res &esae, is a startling occurrence+ 0 b6 the statements are made before the declarant had me to contrive or devise+ and 0c6 the statements must concern the occurrence in &ueson and its immediately aending circumstances. The test of admissibility of evidence as a part of the res &esae is, therefore, whether the act, declaraon, or exclamaon is so inmately interwoven or connected with the principal fact or event that it characteriBes as to be regarded as a part of the transacon itself, and also whether it clearly negaves any premeditaon or purpose to manufacture tesmony.
( dying declaraon, although generally inadmissible as evidence due to its hearsay character, may nonetheless be admied when the following re&uisites concur, namely* 0 a6 that the declaraon must concern the cause and surrounding circumstances of the declarants death+ 0 b6 that at the me the declaraon is made, the declarant is under a consciousness of an impending death+ 0c6 that the declarant is competent as a witness+ and 0d 6 that the declaraon is o'ered in a criminal case for homicide, murder, or parricide, in which the declarant is a vicm.
2?. (your chairman8s *avorie) The tesmony of the witness that Lolanon 0vicm6 had gone to the residence of Hstao 0witness6, his uncle, to see" help right a!er being stabbed by alafranca 0accused6+ that Hstao had hurriedly dressed up to bring his nephew to the Ehilippine Peneral Kospital by taxicab+ that on the way to the hospital, Hstao had as"ed Lolanon who had stabbed him, and the laer had told Hstao that his assailant had been alafranca+ that at the me of the uerance Lolanon had seemed to be having a hard me breathing, causing Hstao to advise him not to tal" anymore+ and that about ten minutes a!er his admission at the emergency ward of the hospital, Lolanon had expired and had been pronounced dead. uch circumstances &ualied the uerance of Lolanon as both a dying declaraon and as part of the res &esae. WK LMTK 2H PHT(H (8 8%P 8H/N(2(T%MS Lecause, the statement of the vicm an hour before his death and right a!er the hac"ing incident bore all the earmar"s either of a dying declaraon or part of the res &esae $eople 's. Salafranca! e"ruar9 ))! )*1)- %
,*. %n $eople 's. Fillarico! April 2! )*11 , the statement of Kaide to his mother 0Nolita6 that he had just been shot by the &rou$ of Lerng u@ered in he immediae a'ermah o* he shootn& here he as he victm was a true part of the res &esae. %t was considered by the )i Cou/ as reliable as part of the res &esae for being uered in s$onaneiy and on"y in reacton o he sar"in& occurrence: 7irst, the principal act the shoong of Kaide was a startling occurrence. econd, his statement to his mother about being shot by the group of Lerng was made be*ore Kaide had me to contrive or to devise considering that it was uered immediae"y a'er the shoong. (nd, third, the statement directly concerned the startling occurrence itself and its aending circumstance 0that is, the idenes of the assailants6.