Remedial Law, 2010 Bar — Question I-D

ESSAY

On March 12, 2008, Mabini was charged with Murder for fatally stabbing Emilio. To prove the qualifying circumstance of evident premeditation, the prosecution introduced on December 11, 2009 a text message, which Mabini’s estranged wife Gregoria had sent to Emilio on the eve of his death, reading: "Honey, pa2tayin u ni Mabini. Mtgal n nyang plano i2. Mg ingat u bka ma tsugi k." Suppose that shortly before he expired, Emilio was able to send a text message to his wife Graciana reading "Nasaksak ako. D na me makahinga. Si Mabini ang may gawa ni2." Is this text message admissible as a dying declaration? Explain. (3%)

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