People of the Philippines vs. Ramil Rarugal alias “AMAY BISAYA”
Facts:
Accused Ramil Rarugal stabbed Arnel Florendo while the latter was cycling along Sampaguita street with the use of a longdouble-bladed weapon. Florendo bleeding and under labored breathing was able to reach home and told his brother Renato that it was accused who had stabbed him. The victim was then brought to the hospital and died seven days after the stabbing incident.
Issue:
Whether the dying declaration is admissible in evidence.
Ruling:
Yes, the dying declaration is admissible. Rule 130, Section 37 of the Rules of Court provides that the dying declaration made under the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and the surrounding circumstances of the case. Clearly, the statement made was an expression of the cause and the surrounding circumstances of his death, and under the consciousness of impending death.There being nothing in the records that show that Florendo was incompetent, he would have been competent to testify had he survived. It is enough to state that the deceased was at the time competent as a witness. Lastly, the dying declaration is offered in an inquiry the subject of which involves his death.
It is of no moment that the victim died seven days from the stabbing incident and after receiving adequate care and treatment, because the apparent proximate cause of his death, the punctures in his lungs, was a consequence of appellant’s stabbing him in the chest.
Facts:
Accused Ramil Rarugal stabbed Arnel Florendo while the latter was cycling along Sampaguita street with the use of a longdouble-bladed weapon. Florendo bleeding and under labored breathing was able to reach home and told his brother Renato that it was accused who had stabbed him. The victim was then brought to the hospital and died seven days after the stabbing incident.
Issue:
Whether the dying declaration is admissible in evidence.
Ruling:
Yes, the dying declaration is admissible. Rule 130, Section 37 of the Rules of Court provides that the dying declaration made under the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and the surrounding circumstances of the case. Clearly, the statement made was an expression of the cause and the surrounding circumstances of his death, and under the consciousness of impending death.There being nothing in the records that show that Florendo was incompetent, he would have been competent to testify had he survived. It is enough to state that the deceased was at the time competent as a witness. Lastly, the dying declaration is offered in an inquiry the subject of which involves his death.
It is of no moment that the victim died seven days from the stabbing incident and after receiving adequate care and treatment, because the apparent proximate cause of his death, the punctures in his lungs, was a consequence of appellant’s stabbing him in the chest.
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