People of the Phils vs.

Putian

BY :
KIMP. GARIANDO
 Facts

 On Nov. 22. 1969, while Teodulo Panimdim was attending a

dance at Barrio Taboo, Jimenez, Misamis Occidental, he was
stabbled in the left groin.
 On the evening of Nov 22,Patrolman Yap was pasing Barrio
Tabo-o when he noticed a commotion at the back of the
dance hall. He was informed that someone had been
stabbed.
 He looked for the culprit and found Putian behind the
municipal building with a dagger and scabbard in his
possession.
 Yap investigated Putian who denied that he stabbed
Panimdim
 Facts
 Patrolman Yap repaired to Doctor Saceda’s clinic where
Panimdim was brought for treatment.
 At the clinic Yap wrote a piece of paper the victim’s
declaration which is reproduced as follows:
 Name of Victim – Teodulo Padimdim
 Age – 21 single
 Place- Palilan, Jimenez
 Who stabbed you? – Guirmo Putian\
 Panimdim did not went into a hospital for treartment and he
just went home without anyone’s assistance.
 On Nov 23, the victim was brought to the hospital which he
died due to toxemia secondary to general peritonitis.
 Facts
 The trial cout convicted Putian and regarded Panimdim’s
ante-mortem statement as part of res gestae.
 Putian challenged the trial court’s ruling that Panimdim’s
statement was part of res gestae.
 Issue
 Whether or not Panimdim’s ante-mortem statement was part
of res gestae.
 Held

 Yes, it is part of res gestae.

 Rule 130 Sec. 36 Part of the res gestae states – Statements
made by a person while a startling occurrence is taking
place or immediately prior or subsequent thereto with
respect to the circumstances thereof, may be given in
evidence as a part of the res gestae. So, also statements
accompanying an equivocal act material to the issue, and
giving it a legal significance, as may be received as part if
the res gestae.
 The statement was in question and answer form and that
Panimdim’s answers were spontaneous, candid,
straightforward, direct, brief, concise, natural and devoid
of any design or deliberation.
 Held
 The res gestae rule embraces (a) spontaneous exclamation and
(b) verbal acts. The trial court admitted Panimdim’s statement
as spontaneous statement made after the commission of a
felony.
 SG cited a ruling that a declaration made by a person
immediately after being wounded, pointing out or naming his
assailant, may be considered as part of the gestae and is
admissible in evidence.
 Although a declaration does not appear to have been made by
the declarant under the expectation of a sure and impending
death, and, for the reason, is not admissible as a dying
declaration, yet if such declaration was made at the time of,
immediately after, the commission of the crime, or at a time
when the exciting influence of the startling occurrence in the
declarant’s mind, it is still admissible as part of the res gestae.
People of the Phils vs. Lungayan
 Facts
 Complainant Agripina , then 52 years old and widow, was
asleep inside the room with her two daughters ( Silveria and
Letecia), husband and children of said daughter, at their
market stall located in the public market.
 At about 10:00 PM, Silveria heard a knock at their door and
she opened it when she saw the accused who then the
barangay captain.
 The accused entered the room where complainant was
sleeping and woke up the complainant.
 He invited her to join him to observe persons drinking wine
in the market stall of Linda’s canteen
 Facts
 Complainant went with the accused to said canteen.
Suddenly the accused grabbed both hands of complainant so
she reacted by shouting very loud only once.
 The accused succeeded in having sexual congress with
complainant.
 When she reached home at 12 midnight, Silveria asked her
what happened and she revealed that the accused abused
her.
 The trial court convicted the accused of the crime of rape.
 Issues
 Whether or not the revelation of complainant to her
daughter Silveria of what happened to her when she
returned home be part of the res gestae
 Held
 No
 The appelant was 48 years old when the incident happened. To
think that a younger man would rape an elderly woman of 52
years , widow, 3 times married, would be quite unsual. It is
more probable that it was consensual.
 The trial court considered the revelation of the complainant to
her daughter of what happened to her when she returned home
as part of the res gestae. It is important to stress that her
statement must not only be spontaneous. It must also be made
at a time when there was no opportunity for her to concoct or
develop her own story. As the Court observed, the complainant
did not immediately go home after the sexual encounter. She
took a walk. She spent sometime thinking of what to do. Her
clothes were muddy. She had some bruises on her body and
back because she was lying down on the ground during the
sexual intercourse and their passionate interlude.
 Held
 She had enough time to make a decision on what will be the
nature of her story. Her revelation cannot thus be
categorized as part of the res gestae.
 Considering all the facts and circumstances, the court finds
that if there was any sexual congress between appelant and
complainant , it was upon their mutual consent.