People v Dy 158 SCRA 111 (1988)

Facts: Accused is the owner of Benny’s Bar at Boracay Island and was sentenced with murder before the trial court for shooting a Swiss national in his bar. The accused contends the court erred in admitting the presentation of the prosecution of evidence that he came to a police officer and made a confession on the crime and informed said officer where to find the gun he used, a statement the accused denied to have done. They assail its admissibility to the court on the grounds that such statement was not made in writing and is in violation of the due process required in custodial investigation.

Issue: Whether or not the evidence presented by the prosecution be admissible to warrant guilt of the accused.

Held: In view of the documentary evidence on record the defense lost its credibility before the court. An oral confession made by the accused to the officer and telling him the gun is in his bar which he wants to surrender can be held admissible in court as evidence against him. This is because such confession was made unsolicited by the police officer and the accused was not under investigation when he made the oral confession. Therefore there is no need to invoke compliance of the proper procedure in a custodial investigation at the case at bar. The rule on RES GESTAE is applicable where a witness who heard the confession is competent to satisfy the substance of what he heard if he heard and understood it. An oral confession need not be repeated verbatim, but in such a case it must be given in substance. Thus the oral confession made by the accused outside the ambit of custodial investigation can be admissible in court and was given due credence to warrant the judgment of the accused being guilty of the crime.