Blog Lecture No. 45: Res Gestae
Now for another relevant blog-lecture...
Are we in Latin class? What the heck does res gestae mean?
No, it's not something that smells bad. Res Gestae is a Latin term for "things done." It includes the circumstances, facts and declarations incidental to the main fact of transaction, necessary to illustrate its character and also includes words an declarations which are so closely connected there with as to constitute part of the transaction.
Utterances that are part of Res Gestae are exemptions to the hearsay rule, even if the one that testified only heard it from the one speaking or heard it from another who heard.
Before proceeding, please read this blog lecture.
What is the rule of res gestae as an exception to the hearsay rule?
According to the Rules of Evidence:
What?
So let's break it down.
What are sponatenous statements?
It is a statement made immediately prior to, while or immediate after a startling occurrence is taking place.
Examples are this exception usually involves 911 calls or quick police responses where the victim is found hysterical, in great pain, frightened, and/or bleeding profusely, as with a domestic violence, battery, or rape incident.
The requisites are:
1. There must be a startling occurrence.
2. The statement must be related to the circumstances of the startling occurrence.
3. The statement must be spontaneous.
For a relevant example, startled by a sudden raid and arrest operation for rebellion, Vicky stated, "Why arrest only me? My brother-in-law Frank is the mastermind!" If the arresting officer heard this and testified, his testimony is an exception to the hearsay rule and may even given weight. Note, however, the need for a startling occurrence like a sudden raid for this to be an admissible hearsay, as well as the other requisites stated above.
Now what are verbal acts?
Verbal acts are utterances that accompany an act, desired to give legal effect.
Examples:
"Stick 'em up," accompanying the pointing of the gun, is admissible in evidence to show intent of robbery.
"Hang on to this for safekeeping," accompanying handing over some money or jewels is still admissible to prove that money or jewels were not owned by the recipient.
What grade did you get in the bar exams?
Secret...
Thanks to my late teacher on evidence, Justice Ricardo Francisco, his book and this web page for this lecture...
Are we in Latin class? What the heck does res gestae mean?
No, it's not something that smells bad. Res Gestae is a Latin term for "things done." It includes the circumstances, facts and declarations incidental to the main fact of transaction, necessary to illustrate its character and also includes words an declarations which are so closely connected there with as to constitute part of the transaction.
Utterances that are part of Res Gestae are exemptions to the hearsay rule, even if the one that testified only heard it from the one speaking or heard it from another who heard.
Before proceeding, please read this blog lecture.
What is the rule of res gestae as an exception to the hearsay rule?
According to the Rules of Evidence:
Sec. 42 Part of res gestae. Statements made by a person while a starting occurrence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof, may be given in evidence as part of res gestae. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significance, may be received as part of the res gestae.
What?
So let's break it down.
What are sponatenous statements?
It is a statement made immediately prior to, while or immediate after a startling occurrence is taking place.
Examples are this exception usually involves 911 calls or quick police responses where the victim is found hysterical, in great pain, frightened, and/or bleeding profusely, as with a domestic violence, battery, or rape incident.
The requisites are:
1. There must be a startling occurrence.
2. The statement must be related to the circumstances of the startling occurrence.
3. The statement must be spontaneous.
For a relevant example, startled by a sudden raid and arrest operation for rebellion, Vicky stated, "Why arrest only me? My brother-in-law Frank is the mastermind!" If the arresting officer heard this and testified, his testimony is an exception to the hearsay rule and may even given weight. Note, however, the need for a startling occurrence like a sudden raid for this to be an admissible hearsay, as well as the other requisites stated above.
Now what are verbal acts?
Verbal acts are utterances that accompany an act, desired to give legal effect.
Examples:
"Stick 'em up," accompanying the pointing of the gun, is admissible in evidence to show intent of robbery.
"Hang on to this for safekeeping," accompanying handing over some money or jewels is still admissible to prove that money or jewels were not owned by the recipient.
What grade did you get in the bar exams?
Secret...
Thanks to my late teacher on evidence, Justice Ricardo Francisco, his book and this web page for this lecture...
transcription by Punzi @ 7:30 AM
0 Objection(s):
Post a Comment
<< Home