Section 42. Part of res gestae.

Statements made by a person

a. While a startling occurrence is taking place or
b. Immediately prior or subsequent thereto
- With respect to the circumstances thereof,
o May be given in evidence as part of res gestae.
So, also, statements
a. Accompanying an equivocal act material to the issue, and
b. Giving it a legal significance,
May be received as part of the res gestae.


Section 47. Testimony or deposition at a former proceeding.

The testimony or deposition of a witness
a. Deceased or
b. Unable to testify,
- Given in a former case or proceeding, judicial or administrative,
o Involving the same parties and subject matter,
May be given in evidence against the adverse party
- Who had the opportunity to cross-examine him.