People of The Philippines vs. Eduardo Hernandez, Merlito Hernandez, and Maximo Hernandez

People of the Philippines vs.
Eduardo Hernandez, Merlito Hernandez, and Maximo

Hernandez
G.R. No. 67690-91
January 21, 1992
Narvasa, J.:
Facts
At about eleven o'clock in the evening, Buenaventura, Elena (Buenaventura’s wife), and four
other family members were in the house when a male voice was heard from the outside saying
“Tao po, kami ay alagad ng batas, puede ba kaming makapagtanong?”. Buenaventura opened
the window. Suddenly, two gunshots rang out. Buenaventura and his brother fell on the
ground. When the shooting stopped, Elena went to her husband. Buenaventura asked for water
and she gave him some. Then she asked him if he recognized the persons who had shot him.
Buenaventura said he had glimpsed the brothers, Merlito and Eduardo Hernandez, and had
seen that the one who had the gun was Maximo Hernandez. Again Buenaventura had another
drink of water after which he expired. His brother had been hit in the breast and died instantly.
The trial court convicted the accused of the crime of murder. The defendants denied all
complicity in the crime. They claimed that at the time of its commission, they were somewhere
else. The entire case of the prosecution turns upon the identification of the appellants verbally
made to Elena by her husband shortly before he died from the gunshot wounds received by him
moments earlier.
Issue
Whether the conviction was proper [No]
Whether Buenaventura’s statement before his death may qualify as dying declaration. [No]
Whether Buenaventura’s statement before his death may be admitted as part of res gestae.
[Yes]
Whether Buenaventura’s statement was uttered at the time and circumstances narrated by the
widow warranting the conviction of the accused. [No]
Decision
1. No. The conviction is reversed.
2. No. The requisites for the admissibility of a dying declaration, as an exception to the
hearsay rule, are (1) the declaration be made by the deceased under the consciousness
of his impending death; (2) the deceased was at the time competent as a witness; (3)
the declaration, concerns the cause and surrounding circumstances of the declarant's
death and (4) it is offered in a criminal case wherein the declarant's death is the subject
of inquiry. The decisive factor is that the declaration be made under the
consciousness of impending death. The record of Elena Mendoza's testimony is
unfortunately barren of any circumstances from which a reasonably reliable
ascertainment might be made of whether or not her husband, Buenaventura, had made
the identification of the appellants under the consciousness of impending death.
3. Yes. Statements made by a person while a startling occurrence is taking place or
immediately prior or subsequent thereto with respect to the circumstances thereof, may
be given in evidence as a part of the res gestae. The infliction on a person of a gunshot
wound on a vital part of the body should qualify by any standards as a startling
occurrence. And the rule is that testimony by a person regarding statements made by
another as that startling occurrence was taking place or immediately prior or subsequent
thereto, although essentially hearsay, is admissible exceptionally, on the theory that said
statements are "natural and spontaneous, unreflected and instinctive, . . . made before
there had been opportunity to devise or contrive anything contrary to the real fact that
occurred," it being said that in these cases, it is the event speaking through the
declarant, not the latter speaking of the event. It seems entirely reasonable under the
circumstances to conclude that Buenaventura's statements, made moments after
receiving his fatal injury, were made without opportunity to devise or contrive, and
under the influence of the occurrence.
4. No. Neither the widow nor her brother-in-law, Gelacio, ever divulged the victim's alleged
"dying declaration" (spontaneous statements which are part of the res gestae) to the
barangay councilman or any one of the three police investigators who came to said
victim's home and stayed for several hours. It appears that the widow revealed her
husband's statements for the first time only when she gave testimony at the trial of the
persons charged with her husband's killing.

People of The Philippines vs. Eduardo Hernandez, Merlito Hernandez, and Maximo Hernandez

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