Res gestae versus Dying declaration

Res gestae and dying declaration have the character of hearsay evidence for they are mere second-hand
evidence; however, they can still be admissible in court if they meet certain requisites. These two are, in
fact, exceptions to the hearsay rule, expressed under Sections 37 and 42 of Rules 138, Rules of Court.
What sets them apart are the requisites to be met before each can be admitted as evidence.

A dying declaration is a declaration of a dying person under the consciousness of his impending death.
For such to be admissible, the following requisites must occur: (a) that the declaration must concern the
cause and surrounding circumstances of the declarants death; (b) that at the time the declaration is
made, the declarant is under a consciousness of an impending death; (c) that the declarant is competent
as a witness; and (d) that the declaration is offered in a criminal case for homicide, murder, or
parricide, in which the declarant is a victim. (People v. Salafranca G.R. No. 173476 February 22, 2012)

Res gestae on the other hand, refers to the circumstances, facts, and declarations that grow out of the
main fact and serve to illustrate its character and which are so spontaneous and contemporaneous with
the main fact as to exclude the idea of deliberation and fabrication. For such to be admissible, the
following requisites must occur: (a) the principal act, the res gestae, is a startling occurrence; (b) the
statements are made before the declarant had time to contrive or devise; and (c) the statements must
concern the occurrence in question and its immediately attending circumstances. (People v. Salafranca
G.R. No. 173476 February 22, 2012)

Summarily, a dying declaration needs the declaration to have been said by the person during his
imminent death while res gestae only requires the declaration to be the spontaneous reaction
immediately before, during or immediately after a startling occurrence. Also, a dying declaration can
only be offered in a criminal case for homicide, murder or parricide, while res gestae poses no similar
requirement for admissibility.