MARTURILLAS v.

PEOPLE
April 18, 2006 | Panganiban, J. | Dying Declaration
PETITIONER: Celestino Marturillas
RESPONDENT: People of the Philippines
SUMMARY: The deceased was shot by the accused. On the verge of
dying, he told one of his neighbors that it was the accused who shot him.
His statement was also heard by his wife who also testified to such fact.
SC held that there was a valid and admissible dying declaration.
DOCTRINE: Though the declarant was conscious of his impending
death, the law does not require the declarant to express such explicitly.
Perception may be established from the surrounding circumstances: the
nature of declarants injury and the conduct that would justify a
conclusion that there was a consciousness of impending death.

FACTS:

1. This case involves the death of one Artemio Pantinople who was
allegedly shot dead by Brgy. Captain Marturillas using a rifle.
2. Proesecution (based from testimonies):
a. Lito, who was Artemios neighbor: Artemio had visited Litos
house and had just left after a conversation. Lito was eating
supper in the kitchen when he heard a gunshot from the
distance of about 10 meters.
i. Artemio then shouted to him help me, Pre, I was shot by
the captain. However he did not approach Artemio as
Litos wife warned him that he might also be shot.
ii. Lito did not see the person who shot Artemio.
iii. Later, Lito so Artemios wife, Ernita who screamed
Kapitan, bakit mo binaril ang aking asawa.
b. Ernita claims that at the time of the incident, she was tending to
her baby who was lying on the floor of the kitchen, when she
heard a sound of gunburst, followed by a shout saying
Help me Pre, I was shot by the Captain.
i. Opening her window, she saw appellant carrying a long

firearm, wearing a black jacket and camouflage pants,

running towards the direction of the back portion of Litos
house.
ii. She claimed to have seen Marturillas since she had a clear
view of the appellant as the place was well illuminated by
the full moon and 2 flourescent lamps in their store at the
time of the incident.
c. PO2 Operario who responded to the scene of the crime, who
upon being approached by Ernita and Lito, proceeded to the
house of Captain Marturillas to inform him that he was a
suspect in the killing of Artemio.
i. Artemio was then invited to go to the police station, and to
bring his M-14 rifle which Artemio complied with.
3. Defense (based on testimonies):
a. At the time of the incident, Captain Marturillas was still dazed
after having just risen from bed when he met two Kagawads in
his house, informing him that Artemio had just been shot.
i. He called for the assembly of Kagawads, with 3 of the
Kagawads sent to proceed to the crime scene to determine
what assistance they could render.
ii. However, they were not able to provide assistance as Ernita
was very mad and belligerent, and she immediately accused
Marturillas of having shot her husband instead of Lito
Santos who was his enemy.
iii. Moments later PO2 Operario and another officer informed
him that he was the Principal suspect.
iv. However, Marturillo tested NEGATIVE under the paraffin
test.
b. Jimmy Balugo, one of the Bgy Kagawads appeared to
corroborate the testimony of Marturillas.
c. Dominador Lapiz testified that the house of Lito was only 4
meters from the crime scene, while the house of Artemio is 50
meters away, and that no lighted fluorescent was present at the
store of Artemio at the time of the shooting.
4. RTC: Guilty beyond reasonable doubt. CA Afirmed.

ISSUE/RULING/RATIO:
Note: there were several issues presented but I only included the issue
relevant to the topic

WoN there was a valid and admissible Dying Declaration YES

1. Under Rule 130, Sec 371, generally, witnesses can testify only
to those facts derived from their own perception. A recognized
exception, though is a report in open court of a dying persons
delaration made under the consciousness of an impending
death that is the subject of the inquiry of the case.
a. Statements identifying the assailant, if uttered by a
victim on the verge of death are entitled to the
highest degree of credence and respect.
b. Persons aware of an impending death have been known
to be genuinely truthful in their words and extremely
scrupulous in their accusations.
c. The dying declaration is given credence, on the premise
that no one who knows of ones impending death will
make a careless and false accusation.
d. Hence, not infrequently, pronouncements of guilt have
been allowed to rest solely on the dying declaration of
the deceased victim.
2. To be admissible, a dying declaration must:
a. Refer to the cause and circumstances surrounding
declarants death
b. Be made under consciousness of impending death
c. Be made freely and voluntarily without coercion or
suggestion
d. Be offered in a criminal case, in which the death of the
declarant is subject to inquiry
e. Have been made by a declarant competent to testify as a
witness, had that person been called upon to testify.
1 The declaration of a dying person, made under the consciousness of impending death, may be received in
any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances
of such death.

3. The above elements have been sufficiently established in this

case.
a. The statement of the deceased certainly concerned the
cause and circumstances surrounding his death
b. It was established that Marturillas is the only person
referred to as Kapitan in their place.
c. It was made freely, voluntarily, without coercion or
suggestion, and was offered as evidence in a criminal
case for homicide
d. The declarant, at the time he had given the dying
declaration, was under a consciousness of his
impending death
4. Though the declarant was conscious of his impending death,
the law does not require the declarant to express such
explicitly.
a. Perception may be established from the surrounding
circumstances: the nature of declarants injury and the
conduct that would justify a conclusion that there was a
consciousness of impending death.
b. The CA found the dying declaration as complete as it
was a full expression of all that he intended to say as
conveying his meaning. It was complete and was not
merely fragmentary.
5. Testified to by his wife and neighbor, his dying declaration was
not only admissible in evidence as an exception to the hearsay
rule, it was also weighty and telling.
Res Gestae
1. The fact that the victims statement constituted a dying
declaration does not preclude it from being admitted as part of
the res gestae if both elements are present.
a. Here it was present: 1) the principal act was a startling
occurrence; 2) the statements were made before the

declarant had time to contrive or devise; 3) the

statements concerned the occurrence in question and its
immediately attending circumstances.
W/N Evidence was sufficient YES
1. Totality of evidence is sufficient to sustain the conviction.
First, there is logic between the dying declaration of Artemio
saying pre as Lito an Artemio were just having a

conversation. Second, the statement is corroborated by Ernita

who also identified accused. Third, Ernitas statement is part of
the res gestae. Fourth, the version of Captain Marturillas is
implausible as it should have been his responsibility to go
immediately to investigate the crime scene. Fifth, prosecution
was able to establish motive on the part of Marturillas who was
trying to block a real estate transaction about to be clsed by
Artemio.