Which is NOT a requisite of a dying declaration?

• A. The declaration is made by the deceased under the consciousness of impending death.
• B. The declarant was competent as a witness at the time.
• C. The declaration concerns the cause and surrounding circumstances of the declarant's death.
• D. The declaration is offered in a civil action.

Answer: (D)

Dying declarations are admitted as an exception to the hearsay rule when the declarant, believing death is near, speaks about the cause or surrounding circumstances of their death, and the declarant is competent to testify at the time. This evidence can be used in both criminal and civil proceedings, not just civil actions. So, insisting that the declaration must be offered only in a civil action is not a requisite. The other elements—imminent death awareness, relevance to the death, and the declarant’s competence—are the conditions that make the statement admissible, explaining why those requirements exist.