Cases (dying Declaration) Flashcards
On November 3, 2004, at 8 in the evening, Umali was riding a bicycle on his way home when he saw Januario being mauled by two persons opposite Dom’s Studio in Poblacion, Mabini, Batangas. Upon seeing the incident, he stayed in front of the church until such time that the accused ran away and were chased by policemen who alighted from the police patrol vehicle On the same night, SPO3 Mendoza and PO1 Coronel were on board their patrol vehicle performing their routine patrol duty when they met two men, later identified as the accused, who were running at a fast speed. When asked why they were running, the accused did not answer prompting the policemen to chase them. The policemen, however, were unsuccessful in catching them and when it became evident that they could no longer find them, they continued patrolling the area. There they saw Januario lying on the street in front of Dom’s studio. As he was severely injured, the policemen immediately boarded Januario to the patrol vehicle and brought him to the Zigzag Hospital. While inside the vehicle, SPO3 Mendoza asked Januario who hurt him. He answered that it was “Jay-R and his uncle” who stabbed him. The uncle turned out to be the appellant herein, while Jay-R is his co-accused who remains at-large.At the Zigzag Hospital, Januario was attended to by Dr. Rasa who found him in critical condition. Three fatal wounds caused by a bladed weapon were found in Januario’s body which eventually caused his death.CA affirmed RTC decision hence this appeal.
ISSUE: Whether Dying Declaration by the victim on this case is admissible evidence.
No. A dying declaration, although generally inadmissible as evidence due to its hearsay character may nonetheless be admitted when the following requisites concur, namely: (a) the declaration concerns the cause and the surrounding circumstances of the declarant’s death; (b) it is made when death appears to be imminent and the declarant is under a consciousness of impending death; (c) the declarant would have been competent to testify had he or she survived; and (d) the dying declaration is offered in a case in which the subject of inquiry involves the declarant’s death.In the case at bar, it appears that not all the requisites of a dying declaration are present. From the records, no questions relative to the second requisite was propounded to Januario. It does not appear that the declarant was under the consciousness of his impending death when he made the statements. The rule is that, in order to make a dying declaration admissible, a fixed belief in inevitable and imminent death must be entered by the declarant. It is the belief in impending death and not the rapid succession of death in point of fact that renders a dying declaration admissible. The test is whether the declarant has abandoned all hopes of survival and looked on death as certainly impending. Thus, the utterances made by Januario could not be considered as a dying declaration.However, even if Januario’s utterances could not be appreciated as a dying declaration, his statements may still be appreciated as part of the res gestae. Res gestae refers to the circumstances, facts, and declarations that grow out of the main fact and serve to illustrate its character and are so spontaneous and contemporaneous with the main fact as to exclude the idea of deliberation and fabrication. The test of admissibility of evidence as a part of the res gestae is, therefore, whether the act, declaration, or exclamation, is so interwoven or connected with the principal fact or event that it characterizes as to be regarded as a part of the transaction itself, and also whether it clearly negates any premeditation or purpose to manufacture testimony
FACTS:At around 6:40 in the morning of March 26, 2006, SPO2 Borre took his five (5)-month-old grandson outside his residence at Block 14, Kenneth Street corner Eusebio Avenue, Pasig City. PO3 Leopoldo Zapanta (PO3 Zapanta), who slept at SPO2 Borre’s residence, was watching television when four (4) successive gunshots rang out. PO3 Zapanta looked through the open door of SPO2 Borre’s house and saw two (2) men armed with .38 caliber revolvers standing a meter away from SPO2 Borre. He saw Palanas deliver the fourth shot to SPO2 Borre, but he could not identify the other shooter. Thereafter, the two (2) assailants fled on a motorcycle.”PO3 Zapanta, together with SPO2 Borre’s stepson Ramil Ranola (Ramil), brought SPO2 Borre to the Pasig City General Hospital. On the way to the hospital, SPO2 Borre told Ramil and PO3 Zapanta that it was “Abe,” “Aspog,” or “Abe Palanas” - referring to his neighbor, Palanas -who shot him. This statement was repeated to his wife, Resurreccion Borre (Resurreccion), who followed him at the hospital. At around 11 o’clock in the morning of even date, SPO2 Borre died due to gunshot wounds on his head and trunk.”The RTC found that the prosecution had established beyond reasonable doubt that Palanas and his companion were the ones who killed SPO2 Borre through the positive identification of the eyewitnesses to the incident. Moreover, SPO2 Borre’s statements that Palanas shot him constituted an#ante mortemstatement and formed part of the#res gestae, and, thus, admissible as evidence against Palanas. It further opined that treachery attended SPO2 Borre’s killing as he had no inkling that the attack would take place, and that he was in no position to mount any feasible defense.12#The RTC, however, did not appreciate evident premeditation because of the absence of the following elements: (a) the time when the offender determined to commit the crime; (b) an act manifestly indicating that the accused clung to his determination; and (c) a sufficient lapse of time between determination and execution to allow himself time to reflect upon the consequences of his act.CA affirmed the RTC’s ruling with modification increasing amounts awarded to the heirs of SPO2 Borre to F75,000.00 as civil indemnity, and P30,000.00 as exemplary damages.
ISSUE: Whether Palanas’s conviction for the crime of Murder should be upheld on the basis of Dying declaration And as part of the res gestae.
HELD:Yes. For a dying declaration to constitute an exception to the hearsay evidence rule,four (4) conditions must concur: (a) the declaration must concern the cause and surrounding circumstances of the declarant’s death; (b) that at the time the declaration was made, the declarant is conscious of his impending death; (c) the declarant was competent as a witness; and (d) the declaration is offered in a criminal case for Homicide, Murder, or Parricide where the declarant is the victim. On the other hand, a statement to be deemed to form part of the res gestae, and thus, constitute another exception to the rule on hearsay evidence, requires the concurrence of the following requisites: (a) the principal act, the res gestae, is a startling occurrence; (b) the statements were made before the declarant had time to contrive or devise; and (c) the statements must concern the occurrence in question and its immediately attending circumstances.”In the case at bar, SPO2 Borre’s statements constitute a dying declaration, given that they pertained to the cause and circumstances of his death and taking into consideration the number and severity of his wounds, it may be reasonably presumed that he uttered the same under a fixed belief that his own death was already imminent. This declaration is considered evidence of the highest order and is entitled to utmost credence since no person aware of his impending death would make a careless and false accusation. Verily, because the declaration was made in extremity, when the party is at the point of death and when every motive of falsehood is silenced and the mind is induced by the most powerful considerations to speak the truth, the law deems this as a situation so solemn and awful as creating an obligation equal to that which is imposed by an oath administered in court.”In the same vein, SPO2 Borre’s statements may likewise be deemed to form part of the res gestae. “Res gestae refers to the circumstances, facts, and declarations that grow out of the main fact and serve to illustrate its character and are so spontaneous and contemporaneous with the main fact as to exclude the idea of deliberation and fabrication. The test of admissibility of evidence as a part of the res gestae is, therefore, whether the act, declaration, or exclamation is so intimately interwoven or connected with the principal fact or event that it characterizes as to be regarded as a part of the transaction itself, and also whether it clearly negates any premeditation or purpose to manufacture testimony.” In this case, SPO2 Borre’s statements refer to a startling occurrence, i. e., him being shot by Palanas and his companion. While on his way to the hospital, SPO2 Borre had no time to contrive the identification of his assailants. Hence, his utterance was made in spontaneity and only in reaction to the startling occurrence. Definitely, such statement is relevant because it identified Palanas as one of the authors of the crime. Therefore, the killing of SPO2 Borre, perpetrated by Palanas, is adequately proven by the prosecution.
