Which statement is correct regarding whether Venancio's statements are admissible as dying declarations?

Which statement is correct regarding whether Venancio's statements are admissible as dying declarations?

• A. The statement that Arnulfo shot Venancio.
• B. The statement that Arnulfo shot Vicente.
• C. Both statements are admissible as dying declarations.
• D. Neither statement is admissible as a dying declaration.

Answer: (A)

Dying declarations are allowed as evidence when the declarant, believing death was imminent, makes a statement about the cause or circumstances of his death. The statement must pertain to what happened to the declarant, not to someone else. In this case, Venancio’s statement that Arnulfo shot Venancio directly describes the event that caused Venancio’s death and was made under the belief that he was about to die, so it fits the dying-declaration rule and can be admitted against Arnulfo. By contrast, Venancio’s statement that Arnulfo shot Vicente does not relate to Venancio’s death; it concerns another person’s status and does not satisfy the requirement that the declaration concern the cause or circumstances of the declarant’s own death. Thus, only the first statement is admissible as a dying declaration.

Dying declarations are allowed as evidence when the declarant, believing death was imminent, makes a statement about the cause or circumstances of his death. The statement must pertain to what happened to the declarant, not to someone else.

In this case, Venancio’s statement that Arnulfo shot Venancio directly describes the event that caused Venancio’s death and was made under the belief that he was about to die, so it fits the dying-declaration rule and can be admitted against Arnulfo. By contrast, Venancio’s statement that Arnulfo shot Vicente does not relate to Venancio’s death; it concerns another person’s status and does not satisfy the requirement that the declaration concern the cause or circumstances of the declarant’s own death. Thus, only the first statement is admissible as a dying declaration.