CRIMINAL EVIDENCECRIMINAL EVIDENCEISAGANI G. GARCIAISAGANI G. GARCIA

Lecturer/Instructor: Criminal Law and Criminal Evidence Lecturer/Instructor: Criminal Law and Criminal Evidence International School of Asia and the Pacific, Penablanca, Cagayan International School of Asia and the Pacific, Penablanca, Cagayan

Cagayan Colleges Tuguegarao, Tuguegarao City, CagayanCagayan Colleges Tuguegarao, Tuguegarao City, CagayanNortheastern College, Santiago CityNortheastern College, Santiago City

GENERAL CONSIDERATIONSGENERAL CONSIDERATIONS

Evidence Defined: Evidence Defined: Evidence is the means, sanctioned by Evidence is the means, sanctioned by these rules (the Rules of Court), of ascertaining in a these rules (the Rules of Court), of ascertaining in a judicial proceeding the truth respecting a matter of judicial proceeding the truth respecting a matter of fact.fact.

Basis of the rule of evidenceBasis of the rule of evidence: the adoption to the : the adoption to the successful development of the truth; and a rule of successful development of the truth; and a rule of evidence at one time though necessary to the evidence at one time though necessary to the ascertainment of truth should yield to the experience ascertainment of truth should yield to the experience of a succeeding generation whenever that of a succeeding generation whenever that experience has clearly demonstrated the fallacy or experience has clearly demonstrated the fallacy or unwisdom of the old rule.unwisdom of the old rule.

Evidence Distinguished from Proof: Evidence Distinguished from Proof: Evidence is the Evidence is the means of proof; effect of evidence, the established means of proof; effect of evidence, the established fact of evidencefact of evidence

Equiponderance of Evidence Rule: Equiponderance of Evidence Rule: When the scale When the scale shall stand upon an equipoise and there is nothing in shall stand upon an equipoise and there is nothing in the evidence which shall incline it to one side or the the evidence which shall incline it to one side or the other, the court will find for the defendant.other, the court will find for the defendant.

CLASSES OF EVIDENCECLASSES OF EVIDENCE

Two basic types of evidence:Two basic types of evidence:

Direct evidence:Direct evidence: proves a proposition without relying proves a proposition without relying on any inferenceon any inference

Indirect/circumstantial evidence:Indirect/circumstantial evidence: evidence of evidence of subsidiary fact from which existence of an ultimate fact subsidiary fact from which existence of an ultimate fact may be inferred may be inferred

Corroborative evidence: Corroborative evidence: additional evidence of additional evidence of different character of the same point.different character of the same point.

Example: A is charged with bigamy for having married C while Example: A is charged with bigamy for having married C while his marriage to B is subsisting. Such offense is corroborated his marriage to B is subsisting. Such offense is corroborated by the marriage contract of A to Cby the marriage contract of A to C

Cumulative evidence:Cumulative evidence: additional evidence of the same additional evidence of the same kind establishing the same point or factual issue.kind establishing the same point or factual issue.

Example: Four witnesses testified that A killed BExample: Four witnesses testified that A killed B

Positive evidence:Positive evidence: one where the witness declares one where the witness declares affirmatively that a certain event happened or did affirmatively that a certain event happened or did

not happen.not happen.

Example: A testified that he saw B snatched the bag of C or A Example: A testified that he saw B snatched the bag of C or A testified that B did not kill C because he was in another testified that B did not kill C because he was in another place at the time of the killing.place at the time of the killing.

Conclusive Evidence:Conclusive Evidence: one where the law does not one where the law does not allow it to be contradicted.allow it to be contradicted.

Prima Facie Evidence:Prima Facie Evidence: one which sufficiently one which sufficiently establishes a particular fact until contradicted or establishes a particular fact until contradicted or rebutted by other evidence.rebutted by other evidence.

PROCEDURE FOR ADMITTING PROCEDURE FOR ADMITTING OR EXCLUDING EVIDENCEOR EXCLUDING EVIDENCE

Admissibility of Evidence:Admissibility of Evidence: Evidence is admissible when Evidence is admissible when it is: it is:

relevant to the issue, and;relevant to the issue, and;

It is not excluded by the law or these rules It is not excluded by the law or these rules (the Rules of Court).(the Rules of Court).

Rule on Relevancy of evidence: Rule on Relevancy of evidence: Evidence must Evidence must have such a relation to the fact in issue as to have such a relation to the fact in issue as to induce belief in its existence or non-existence. induce belief in its existence or non-existence. Evidence on collateral matters shall not be Evidence on collateral matters shall not be allowed, except when it tends in any reasonable allowed, except when it tends in any reasonable degree to establish the probability or degree to establish the probability or improbability of the fact in issue.improbability of the fact in issue.

Axioms of Admissibility:Axioms of Admissibility:

None but facts having rational probative value are None but facts having rational probative value are admissible, which is the axiom of relevancy; andadmissible, which is the axiom of relevancy; and

All facts having rational probative value are All facts having rational probative value are admissible when some specific rule forbids, which admissible when some specific rule forbids, which is axiom of competency.is axiom of competency.

Difference between Admissibility and Credibility;Difference between Admissibility and Credibility;

Admissibility is determined by the concurance of the two Admissibility is determined by the concurance of the two requisites of relevancy and competence; credibility is a requisites of relevancy and competence; credibility is a matter for the court to appreciate.matter for the court to appreciate.

Application of the Rule:Application of the Rule:

Entrapment and InstigationEntrapment and Instigation

Evidence obtained without search warrantEvidence obtained without search warrant

Evidence obtained through uncounselled confession.Evidence obtained through uncounselled confession.

Tape recording of private conversation.Tape recording of private conversation.

RELEVANCY OF EVIDENCERELEVANCY OF EVIDENCE

Relevancy; collateral mattersRelevancy; collateral matters

Relevancy and Materiality DefinedRelevancy and Materiality Defined

Relevancy, how determinedRelevancy, how determined

Limits on Admissibility of Relevant EvidenceLimits on Admissibility of Relevant Evidence

Discretionary Exclusion of EvidenceDiscretionary Exclusion of Evidence

Relevancy of Collateral MattersRelevancy of Collateral Matters

WHAT NEED TO BE PROVEDWHAT NEED TO BE PROVED

Judicial notice; when mandatoryJudicial notice; when mandatory: A court shall take : A court shall take judicial notice, without the introduction of evidence, judicial notice, without the introduction of evidence, of the existence and territorial extent of states, their of the existence and territorial extent of states, their political history, forms of government and symbols of political history, forms of government and symbols of nationality, the law of nations, the admiralty and nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the maritime courts of the world and their seals, the political constitution and history of the Philippines, political constitution and history of the Philippines, the official acts of legislative, executive and judicial the official acts of legislative, executive and judicial departments of the Philippines, the laws of nature, departments of the Philippines, the laws of nature, the measure of time, and the geographical divisions.the measure of time, and the geographical divisions.

Judicial notice, when discretionaryJudicial notice, when discretionary: A court may take : A court may take judicial notice of matters which are of public judicial notice of matters which are of public knowledge, or are capable to unquestionable knowledge, or are capable to unquestionable demonstration, or ought to be known to judges demonstration, or ought to be known to judges because of their judicial functions.because of their judicial functions.

Nature of Judicial NoticeNature of Judicial Notice

Judicial AdmissionJudicial Admission: An admission, verbal or written, : An admission, verbal or written, made by the party in the course of the proceedings in made by the party in the course of the proceedings in the same case, does not require proof. The admission the same case, does not require proof. The admission may be contradicted only by showing that it was made may be contradicted only by showing that it was made through palpable mistake or that no such admission was through palpable mistake or that no such admission was made.made.

Judicial Admission, how taken: Judicial Admission, how taken: Every admission Every admission is to be taken as an entirely of the fact which is to be taken as an entirely of the fact which makes for the one side with the qualifications makes for the one side with the qualifications which limit, modify or destroy its effect on the which limit, modify or destroy its effect on the other side.other side.

Kinds of Judicial Admission:Kinds of Judicial Admission:

1)1) Admissions in the Pleadings: Affidavits Admissions in the Pleadings: Affidavits

1)1) Admissions in the Trial or other ProceedingsAdmissions in the Trial or other Proceedings

Admissibility of Judicial Admissions in Admissibility of Judicial Admissions in subsequent trialssubsequent trials

Admissions made in the course of Judicial Admissions made in the course of Judicial proceedings in another caseproceedings in another case

Confession of judgmentConfession of judgment Agreement of factsAgreement of facts Compromise agreementCompromise agreement Admissions as certified by seal of a notary Admissions as certified by seal of a notary

publicpublic Admissions to avoid continuance or to save Admissions to avoid continuance or to save

timetime

Plea of guiltyPlea of guilty Defense of minority is negated by Judicial Defense of minority is negated by Judicial

admission that he was 18 years oldadmission that he was 18 years old Declaration of an accused expressly Declaration of an accused expressly

acknowledging his guilt of the crime acknowledging his guilt of the crime charged, may be given in evidence against charged, may be given in evidence against himhim

RULES OF ADMISSIBILITYRULES OF ADMISSIBILITY

In making its decision, the court may acquire knowledge In making its decision, the court may acquire knowledge through three (3) modes, namely:through three (3) modes, namely:

A) Testimonial evidence:A) Testimonial evidence: testimony of man, which may be testimony of man, which may be

oral or written;oral or written;

Example: Example: Documents, deposition and affidavitsDocuments, deposition and affidavits

B) Circumstantial evidence:B) Circumstantial evidence: It is that circumstances, not It is that circumstances, not human assertion, nor a autoptic preference, from which in human assertion, nor a autoptic preference, from which in interference may be taken as to the existence or non-interference may be taken as to the existence or non-existence of a fact in dispute.existence of a fact in dispute.

C) Object evidence:C) Object evidence: It consists of tangible things submitted It consists of tangible things submitted

for inspection which enable the court by the direct use of its for inspection which enable the court by the direct use of its senses to perceive facts about these things in evidence.senses to perceive facts about these things in evidence.

Example:Example: Guns, bullets, etc. Guns, bullets, etc.

Object as evidence: Object as evidence: Objects as evidence are those addressed Objects as evidence are those addressed to the senses of the court. When an object is relevant to the to the senses of the court. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by fact in issue, it may be exhibited to, examined or viewed by the court. the court.

Proof which is addressed directly to the senses of the court is Proof which is addressed directly to the senses of the court is most convincing and satisfactory class of proof. most convincing and satisfactory class of proof.

Scope of object evidence:Scope of object evidence: Vision, hearing, taste, smell and Vision, hearing, taste, smell and touch.touch.

Admissibility of object evidence: Admissibility of object evidence: Like any other kind of Like any other kind of evidence, it must be relevant, must be a hearsay in evidence, it must be relevant, must be a hearsay in character, must not be privileged and it must not be the character, must not be privileged and it must not be the result of an illegal search and seizure.result of an illegal search and seizure.

Authentication requirement: Authentication requirement: The object evidence must be The object evidence must be authentic when presented.authentic when presented.

How authentication is made:How authentication is made:

By testimony of witness identifying the object evidence;By testimony of witness identifying the object evidence;

Presentation of evidence of its chain of custody Presentation of evidence of its chain of custody

Limitation of Object evidence:Limitation of Object evidence:

Indecency and other improprieties, e.g. exhibition of the Indecency and other improprieties, e.g. exhibition of the private parts of a personprivate parts of a person

Repulsive objects, e.g. killing of a dog through poison to Repulsive objects, e.g. killing of a dog through poison to prove affectivity of the poison.prove affectivity of the poison.

Particular types of object evidence:Particular types of object evidence:

Exhibition of injuriesExhibition of injuries

Photographs, models, maps, diagrams and sketchesPhotographs, models, maps, diagrams and sketches

Motion pictureMotion picture

X-ray photographX-ray photograph

Tapes, wire and Dictaphone recordingTapes, wire and Dictaphone recording

View of the Scene, ocular inspection View of the Scene, ocular inspection

Documentary EvidenceDocumentary Evidence:: Documents as evidence Documents as evidence consist of writing or any material containing consist of writing or any material containing letters, words, numbers, figures, symbols or other letters, words, numbers, figures, symbols or other modes of written expression offered as proof of modes of written expression offered as proof of their contents.their contents.

““The Best Evidence Rule”:The Best Evidence Rule”: The original document must be The original document must be produced.produced.

Application of the Rule:Application of the Rule: Only if the contents or terms of the Only if the contents or terms of the writing or documents is directly in issue.writing or documents is directly in issue.

Example:Example: Libel case, the news paper itself should be Libel case, the news paper itself should be produced. Falsification case, the document allegedly produced. Falsification case, the document allegedly falsified must be produced in courtfalsified must be produced in court

Exception of the Rule:Exception of the Rule: Secondary evidence can be Secondary evidence can be presented in lieu of the original in the following cases:presented in lieu of the original in the following cases:

When the original has been lostWhen the original has been lost

When the original is in the possession of the adverse partyWhen the original is in the possession of the adverse party

When the original is in custody of an official of foreign When the original is in custody of an official of foreign governmentgovernment

When the original is recorded in a public officeWhen the original is recorded in a public office

When the original consists of voluminous accounts or When the original consists of voluminous accounts or documents documents

Secondary EvidenceSecondary Evidence: evidence of the contents of a : evidence of the contents of a documents means any evidence other than the original, documents means any evidence other than the original, that is, other than the document itself, the contents of that is, other than the document itself, the contents of which is the subject of inquiry. which is the subject of inquiry.

If secondary evidence is allowed, the contents of the If secondary evidence is allowed, the contents of the documents may be proved by:documents may be proved by:

copy of the document (photocopy)copy of the document (photocopy)

recital of its contents in some authentic documentrecital of its contents in some authentic document

by testimony of the witnessesby testimony of the witnesses

TESTIMONIAL EVIDENCETESTIMONIAL EVIDENCE

Witness:Witness: a person whose statements and declarations a person whose statements and declarations under oath are made on an oral examination, or under oath are made on an oral examination, or depositions or affidavit.depositions or affidavit.

A. A. Qualifications of witness:Qualifications of witness:

1)1) Ability to communicate. Capability to express one self Ability to communicate. Capability to express one self so as to be understood.so as to be understood.

2)2) Obligation of truthfulness. Understanding of the duty Obligation of truthfulness. Understanding of the duty to tell the truth.to tell the truth.

Time of competency. The above requirements must be at the Time of competency. The above requirements must be at the time when the witness is to testify.time when the witness is to testify.

B. B. Disqualifications of Witnesses: Disqualifications of Witnesses:

Insanity:Insanity: the degree of insanity must be such that the person is the degree of insanity must be such that the person is incapable of perceiving and making known his perceptions to incapable of perceiving and making known his perceptions to others.others.

Immaturity: Immaturity: no rule affecting the age at which children may no rule affecting the age at which children may be said to be incapable to receive accurate impressions and be said to be incapable to receive accurate impressions and to relate them truly. to relate them truly.

Determination of qualification/disqualification:Determination of qualification/disqualification: at the at the time of the time the witness is offered as a witness not at time of the time the witness is offered as a witness not at the time when the facts testified occurred. the time when the facts testified occurred.

Marital disqualification: Marital disqualification: During their marriage, neither the During their marriage, neither the husband nor the wife may testify for or against the other husband nor the wife may testify for or against the other without the consent of the affected spouse.without the consent of the affected spouse.

Exemption:Exemption: Case for a crime committed by one against the Case for a crime committed by one against the other or the latter's direct descendants or ascendants.other or the latter's direct descendants or ascendants.

PRIVILEGE COMMUNICATIONPRIVILEGE COMMUNICATION

Definition of privilege: Definition of privilege: freedom from compulsion to give freedom from compulsion to give evidence or to discover up material or a right to prevent or evidence or to discover up material or a right to prevent or bar information from other sources during or in connection bar information from other sources during or in connection with litigation but on grounds extrinsic to the goal of with litigation but on grounds extrinsic to the goal of litigation.litigation.

Testimonial privilege: Testimonial privilege: No person may be compelled to No person may be compelled to testify against his parents, other direct ascendants, children testify against his parents, other direct ascendants, children or other direct descendants.or other direct descendants.

Privilege and Competency based on marital Privilege and Competency based on marital relationship.relationship.

The Rule:The Rule: The husband or the wife, during or after the The husband or the wife, during or after the marriage, cannot be examined without the consent of the marriage, cannot be examined without the consent of the other as to any communication received in confidence by other as to any communication received in confidence by one from the other during the marriage except in a civil case one from the other during the marriage except in a civil case by one against the other, or in a criminal case for a crime by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct committed by one against the other or the latter's direct descendants or ascendantsdescendants or ascendants

Coverage of the Privilege:Coverage of the Privilege: Only to confidential Only to confidential communication communication

Privilege Communications between attorney and clientPrivilege Communications between attorney and client

The Rule: An attorney cannot, without the consent of his client, The Rule: An attorney cannot, without the consent of his client, be examined as to any communication made by the client to be examined as to any communication made by the client to him, or his advice given thereon in the course of, or with a him, or his advice given thereon in the course of, or with a view to, professional employment, nor can an attorney's view to, professional employment, nor can an attorney's secretary, stenographer, or clerk be examined, without the secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacitythe knowledge of which has been acquired in such capacity

Coverage of the Privilege:Coverage of the Privilege: Any communication as a result of Any communication as a result of attorney-client relationship, including the advises and opinion attorney-client relationship, including the advises and opinion given by the attorney.given by the attorney.

Privilege Communications between physician and Privilege Communications between physician and patientpatient

The Rule: The Rule: A person authorized to practice medicine, surgery or A person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent of the obstetrics cannot in a civil case, without the consent of the patient, be examined as to any advice or treatment given by patient, be examined as to any advice or treatment given by him or any information which he may have acquired in him or any information which he may have acquired in attending such patient in a professional capacity, which attending such patient in a professional capacity, which information was necessary to enable him to act in capacity, information was necessary to enable him to act in capacity, and which would blacken the reputation of the patient.and which would blacken the reputation of the patient.

Coverage of the Privilege: Coverage of the Privilege: Any communication as a result of Any communication as a result of doctor-patient relationship, including advices, treatment doctor-patient relationship, including advices, treatment given by him and information obtained by the doctor in the given by him and information obtained by the doctor in the course of examination or treatment which would normally course of examination or treatment which would normally regarded as confidential.regarded as confidential.

Privilege Communications between clergy or priest and Privilege Communications between clergy or priest and penitentpenitent

The Rule: The Rule: A minister or priest cannot, without the consent of A minister or priest cannot, without the consent of the person making the confession, be examined as to any the person making the confession, be examined as to any confession made to or any advice given by him in his confession made to or any advice given by him in his professional character in the course of discipline enjoined professional character in the course of discipline enjoined by the church to which the minister or priest belongsby the church to which the minister or priest belongs

Coverage of the Privilege:Coverage of the Privilege: Only confessions actually made Only confessions actually made

Privilege Communication to a public officerPrivilege Communication to a public officer

The Rule:The Rule: A public officer cannot be examined during his A public officer cannot be examined during his term of office or afterwards, as to communications made to term of office or afterwards, as to communications made to him in official confidence, when the court finds that the him in official confidence, when the court finds that the public interest would suffer by the disclosure.public interest would suffer by the disclosure.

Coverage of the Privilege: Coverage of the Privilege:

1)1) State’s secret. Detrimental to national defense or State’s secret. Detrimental to national defense or international relationinternational relation

2)2) Internal affairs information. Internal affairs information.

3)3) Presidential communicationPresidential communication

ADMISSION AND CONFESSIONADMISSION AND CONFESSION

The Rule (Admission): The Rule (Admission): The act, declaration, or omission The act, declaration, or omission of a party as to a relevant fact may be given in of a party as to a relevant fact may be given in evidence against him.evidence against him.

Classification:Classification:

1)1) Judicial or those made on the record, or in connection Judicial or those made on the record, or in connection with the judicial proceedings in which it is offered;with the judicial proceedings in which it is offered;

2) Extra-judicial, or those made elsewhere, irrespective of 2) Extra-judicial, or those made elsewhere, irrespective of time, place or to whom made.time, place or to whom made.

Flight or concealment:Flight or concealment: the wicked flee, even when no man the wicked flee, even when no man pursueth; but the righteous are bold as lion.pursueth; but the righteous are bold as lion.

Offer of Compromise:Offer of Compromise: In criminal cases, except those In criminal cases, except those

involving quasi-offenses (criminal negligence) or those involving quasi-offenses (criminal negligence) or those allowed by law to be compromised, an offer of allowed by law to be compromised, an offer of compromised by the accused may be received in compromised by the accused may be received in evidence as an implied admission of guilt.evidence as an implied admission of guilt.

Similar act as evidence:Similar act as evidence: Evidence of commission of other Evidence of commission of other crimes is inadmissible to prove the guilt of the accused of crimes is inadmissible to prove the guilt of the accused of the crime in question.the crime in question.

The Rule (Confession):The Rule (Confession): The declaration of an accused The declaration of an accused acknowledging his guilt of the offense charged, or of any acknowledging his guilt of the offense charged, or of any offense necessarily included therein, may be given in offense necessarily included therein, may be given in evidence against him.evidence against him.

Defined:Defined: it is a direct acknowledgement of criminal guilt of it is a direct acknowledgement of criminal guilt of the accused. By its very nature, a confession goes beyond the accused. By its very nature, a confession goes beyond an admission which it at most is only a statement tending an admission which it at most is only a statement tending to prove guilt, but of itself insufficient to authorize a to prove guilt, but of itself insufficient to authorize a conviction.conviction.

Classification:Classification: 1)1) Judicial confession, e.g. a plea of guilty during arraignment;Judicial confession, e.g. a plea of guilty during arraignment;

2)2) Extra-judicial confession, e.g. a custodial investigation.Extra-judicial confession, e.g. a custodial investigation.

Requirement of corpus delictiRequirement of corpus delicti. Proof of accused confession . Proof of accused confession cannot be received until the corpus delicti of the crime has cannot be received until the corpus delicti of the crime has been proved by other evidence.been proved by other evidence.

HEARSAY RULE HEARSAY RULE

The RuleThe Rule: A witness can testify only to those facts which he : A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in from his own perception, except as otherwise provided in these rules.these rules.

What is a hearsay: What is a hearsay: it is an oral testimony or documentary it is an oral testimony or documentary evidence as to somebody’s (either testifying witness’ or evidence as to somebody’s (either testifying witness’ or someone’s else) words or actions outside of court, where someone’s else) words or actions outside of court, where they are offered to prove the truth of the very matter they are offered to prove the truth of the very matter they assert.they assert.

Kinds of hearsay:Kinds of hearsay:

1)1) Oral statement. Testimony about statement made either Oral statement. Testimony about statement made either by witness or someone else outside the court.by witness or someone else outside the court.

2)2) Assertive conduct. Testimony as to how witness or Assertive conduct. Testimony as to how witness or someone else acted outside of the court, where the someone else acted outside of the court, where the conduct was intended by the actor as a substitute for conduct was intended by the actor as a substitute for words.words.

Reason for the Rule:Reason for the Rule: To preserve the right of the To preserve the right of the parties to cross examine the original witness in person parties to cross examine the original witness in person claiming to have knowledge of the transaction or claiming to have knowledge of the transaction or occurrence.occurrence.

EXCEPTIONS TO THE HEARSAY RULEEXCEPTIONS TO THE HEARSAY RULE

Dying DeclarationDying Declaration

The Rule:The Rule: The declaration of a dying person, made under the The declaration of a dying person, made under the consciousness of an impending death, may be received in consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of evidence of the cause and surrounding circumstances of such death.such death.

Requirements:Requirements:

1) that the declaration concerned the cause and surrounding 1) that the declaration concerned the cause and surrounding circumstances of the declarant’s death;circumstances of the declarant’s death;

2) that at the time the declaration was made, the declarant 2) that at the time the declaration was made, the declarant was under a consciousness of an impending death; was under a consciousness of an impending death;

3) that the declaration is offered in a criminal case for murder, 3) that the declaration is offered in a criminal case for murder, homicide, or parricide, in which the declarant is the victim. homicide, or parricide, in which the declarant is the victim.

Ante mortem statement is evidence Ante mortem statement is evidence of the highest order because at the of the highest order because at the threshold of death, all thoughts of threshold of death, all thoughts of fabricating lies are stilled. The fabricating lies are stilled. The utterance of a victim made utterance of a victim made immediately after sustaining serious immediately after sustaining serious injuries may be considered the injuries may be considered the incident speaking through the victim. incident speaking through the victim. It is entitled to the highest credence. It is entitled to the highest credence.