Back

PEOPLE Vs. Luisito V. Israel [ SEPARATE OPINIONS ]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LUISITO ISRAEL y VILLANUEVA, accused-appellant.

G.R. No. 97027 | 1994-03-11

Separate Opinions

REGALADO, J., concurring:

I concur. However, on the holding that the identification made by the victim of his assailant is admissible only as part of the res gestae but not as a dying declaration, I would like to express a separate opinion.

Prefatorily, I agree that the answer of the victim when asked who stabbed him, saying "Si Sitong, may kasama siya," qualifies as part of the res gestae and is admissible in evidence as such. However, under the circumstances obtaining during that particular incident, for evidentiary purposes such statement also constitutes a dying declaration or one made in articulo mortis.

As lucidly...