Dying Declaration Presentation

 There are times when an investigator
will be required to take a statement

from a DYING VICTIM in HOMICIDE
CASE.
 Such STATEMENT is commonly known
as a DYING DECLARATION., and is
admissible in court as EVIDENCE against
the accused if the statement is based on
the victim’s personal knowledge, and is
made under a belief of immediate,
impending death.
 Therefore, the VICTIM must know the
circumstances under which he or she
received the injury, and must be
convinced that he or she is DYING for
it.
 The COURT PERMITS an
INVESTIGATOR or PERSON who
hears the DYING DECLARATION to
testify to such STATEMENT (this is
an exception to the “Hearsay Rule”),
because it is believed that a person
who knows that death is near will not
lie.
 It is IMPERATIVE that the
INVESTIGATOR fashion any question
asked of the DYING VICTIM in a
manner that will require answers or
physical acts from which it can be
concluded that the DYING VICTIM
knows the circumstances of the injury
and truly believes he or she is then
dying.
 It is obvious that the detailed WHO,
WHAT, WHEN, WHERE, HOW, and
WHY of the circumstances may, in
many instances, be impossible to
obtain from a DYING VICTIM. The
investigator may have to settle for
limited responses to the basic
questions.
 NOTE: If the VICTIM does not die, his
or her DYING DECLARATION cannot
be testified to by the INVESTIGATOR,
it is INADMISSIBLE HEARSAY. In
future court proceedings, the VICTIM
must testify personally as to any
injury inflicted by the accused.
 DYING DECLARATION (Section 37, Rule
130) – is the declaration of a dying
person, made under the consciousness of
an impending death, may be received in
any case wherein his death is the subject
of inquiry, as evidence of the cause and
surrounding circumstances of such death.
 DYING DECLARATION is a statement
made by the victim of Homicide and
is admitted on the theory that a man
who is convinced that he is going to
die is not in a condition to invent a
story to prejudice that accused.
People versus Alfaro 83 Phil. 85.
 A STATEMENT that fails to qualify as
a DYING DECLARATION, because it
was not made under a consciousness
of an impending death, may be
admitted as PART OF RES GESTAE.
(People vs Reyes 52 Phil. 538.)
 The TEST OF RES GESTAE
admissibility is whether the statement
has been uttered spontaneously so
that the declarant has had no time to
deceive or fabricate a story.
 Therefore, the lapse of time between
the event and the utterances is
important in determining whether the
declarant had time to reflect, think
and deliberate about the event.
People vs Ner, 28 SCRA 1159.
 STATEMENTS of a person from which
an inference may be drawn as to the
state of mind of another person, that
are, knowledge, belief, motive, good
or bad faith of the latter may be
testified to by a witness without
violating the HEARSAY RULE. People
vs Wood, 126 N.Y. 249.
 In order that a Dying Declaration may
be admissible, the requisites must
occur:
 It must concern the crime involved
in and the circumstances surround
the declarant’s death;
 At the time of the declaration, the

declarant must be conscious of an
impending death;
 The declarant must be competent as
a witness; and
 The declaration must be offered in a

criminal case, such as for Homicide,
Murder or Parricide in which the
declarant was the victim.
 The statement of the victim should be
in a language understood or used by
him and should contain the following
basic parts:
 The title or identification of the
statement containing the name and
address of the affiant, the name of
the investigator as well as his rank,
the witness/es, (if any) to the
statement, information as to where
and when the statement was taken;
 The crime/incident committed;
 The name of the suspect/s and

other personal circumstances, if
possible;
 The time, date and place of the
commission of the crime/incident;
 The motive of the incident;

 The name and other personal
circumstances of the victim;
 The question - to support that

he/she is telling the truth;
 The gravity of the injuries he/she
suffered or inflicted upon him/her;
 The signatures of the affiant/victim,

the witnesses (if any) and the
investigator; and
 The certification of the investigator.

Dying Declaration Presentation

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Dying Declaration Presentation

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 There are times when an investigator

will be required to take a statement

 At the time of the declaration, the

 The declaration must be offered in a

 The name of the suspect/s and

 The motive of the incident;

 The question - to support that

 The signatures of the affiant/victim,

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