The document discusses two exceptions to the hearsay rule: 1) Dying declarations, which allow statements made by a dying person about the cause and circumstances of their death. For a dying declaration to be admissible, the person must believe their death is imminent. 2) Statements by a decedent or person of unsound mind, which allow statements made by such individuals about matters they personally witnessed to be used as evidence in cases involving their estate or representative. The statements must have been made soon after perceiving the matter while their memory was clear.

1. Exceptions To The
Hearsay Rule
Sections 38 and 39
LEAH O. ESPEJO

2. Section 38. Dying declaration. - The
declaration of a dying person, made under
the consciousness of an impending death,
may be received in any case wherein his or
her death is the subject of inquiry, as
evidence of the cause and surrounding
circumstances of such death. (37a)

3. REQUISITES FOR THE ADMISSIBILITY OF A DYING
DECLARATION
1. The declaration is one made by a dying person;
2. The declaration is made by said dying person under the
consciousness of his impending death;
3. The declaration refers to the cause and circumstances surrounding
the death of the declarant and not of anyone else;
4. The declaration is offered in a case where the declarant’s death is
the subject of inquiry;
5. The declarant is competent as a witness had he survived;
6. The declarant should have died.

4. People v. Bacunawa, 356 SCRA 482
FACTS:
Accused-appellants, brothers Richard and Ernesto Bacunawa, were charged with murder in the
RTC of Masbate. They pleaded not guilty. Trial on the merits ensued.
At around 9:30 in the evening of January 19, 1994, prosecution eyewitness Gil Ortega and the
victim Emerson Largo were on their way home when they passed accused-appellants Richard
and Ernesto Bacunawa. Suddenly, Ernesto Bacunawa put his arms around Largo and Richard
Bacunawa stabbed him with a one foot-long knife. Gil Ortega was three (3) arms length away
from the victim when the stabbing took place. Thereafter, accused-appellants fled. Ortega was
able to see accused-appellants’ faces from the beam of the headlight of a motorcycle and the
Coleman lamp at the house of one Melchor Arcueno, which illuminated a portion of the road
approximately five arms length from where the victim was stabbed.

5. Prosecution witness Jeffrey Cervantes corroborated Gil Ortega’s testimony. According to him, he and
his wife were on their way to the town plaza of Canomay, Dimasalang, to watch the program in
celebration of the town fiesta. Along the way, they passed by the house of Melchor Arcueno and saw
accused-appellants standing at the side of the said house. Richard Bacunawa was carrying a knife
and wearing a sleeveless shirt. Shortly thereafter, they met Gil Ortega and the victim Emerson Largo,
who were on their way home to change clothes as they were planning to attend the dance being held
at the plaza. After walking a few meters, Cervantes heard Emerson Largo shout for help, saying that
he was hit. Cervantes went back to help and saw the victim with a stab wound at the right side of his
abdomen. He also saw the culprits running away as they were illuminated by the light of the
motorcycle.
While the victim was at the hospital of Dr. Alino, he gave a dying declaration pointing to Richard
Bacunawa as the one who stabbed him. He thumbmarked his dying declaration with his own blood.
The declaration was witnessed by SPO2 Pedrito Afable and Christopher Capacio. Eventually,
Emerson died.
ISSUE: Whether or not the dying declaration of the victim is admissible?
RULING: Yes.

6. As a general rule, when a person is at the point
of death, every motive of falsehood is silenced,
and the mind is induced by the most powerful
consideration to speak the truth, and therefore,
the statements under such circumstances
deserve great weight.

7. (People v. Lamasan, 403 SCRA 243)
No person who knows of his impending
death would make a careless or false
accusation. A dying declaration is entitled
to the highest respect.

8. Section 39. Statement of decedent or person of unsound mind. - In an
action against an executor or administrator or other representative of a
deceased person, or against a person of unsound mind, upon a claim or
demand against the estate of such deceased person or against such person of
unsound mind, where a party or assignor of a party or a person in whose
behalf a case is prosecuted testifies on a matter of fact occurring before the
death of the deceased person or before the person became of unsound
mind, any statement of the deceased or the person of unsound mind, may be
received in evidence if the statement was made upon the personal knowledge
of the deceased or the person of unsound mind at a time when the matter had
been recently perceived by him or her and while his or her recollection was
clear. Such statement, however, is inadmissible if made under circumstances
indicating its lack of trustworthiness. (23a)