PEOPLE OF THEPHILIPPINES vs.RODRIGO SALAFRANCA
G.R. No. 173476
February 22, 2012
FACTS
Johnny Bolanon
(Bolanon) was stabbed by Rodrigo Salafranca (Salafranca) on the night of
July 31, 1993, after the said incident, the assailant ran away. Bolanon still
being able to walk, went to his uncle, Rodolfo B. Estaño to seek help. After having known of the incident,
Estaño then brought Bolanon to PGH. On their way to the hospital on board a
taxi, Bolanon confided to Estaño about the incident and told him that it was
Salafranca who stabbed him and a certain Augusto Mendoza witnessed the said
incident. At around 2:30am, despite
receiving medical attention, Bolanon succumbed to death.
ISSUE
Whether the
utterance of Bolanonis qualified as a dying declaration or part of the res
gestae?
RULING
Such
circumstances are qualified as both a dying declaration and a part of res
gestae, the Court has recognized that the statement of the victim an hour
before his death and right after the incident bore all the earmarks either of a
dying declaration or part of the res gestae.
Generally,
dying declaration is inadmissible as evidence being hearsay, however, it may be
admitted when the following requisites concur:
(a) that the declaration
must concern the cause and surrounding circumstances of the declarant’s death;
(b) that at the time the declaration is made, the declarant is under a
consciousness of an impending death;
(c) that the declarant is competent
as a witness; and
(d) that the declaration is
offered in a criminal case for homicide, murder, or parricide, in which the declarant is a victim.
All the
requisites were met. Bolanon communicated his statements, identifying
Salafranca as the person who had stabbed him; that at the time of his declaration,
he was conscious of his impending death. Bolanon died in the emergency room a
few minutes after admission, which occurred under three hours after the incident.
Furthermore, a
declaration is deemed part of the res gestae and is admissible
in evidence when the following requisites concur:
(a) the principal act,
the res gestae, is a startling occurrence;
(b) the
statements are 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.
The
requisites for admissibility as part of the res gestae concur
herein. That when he gave the identity of the assailant, Bolanon was
referring to a startling occurrence, and had no time to contrive his
identification. His utterance was made in spontaneity and only in reaction
to such startling occurrence. The statement was relevant because it
identified Salafranca as the perpetrator.
Hence, such
circumstances are qualified as both a dying declaration and a part of res
gestae for having borne the requisites of the both principles.
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