PEOPLE v.

SALAFRANCA
February 22, 2012 | GR No. 173476 | Bersamin, J. | Hearsay Rule - Exceptions - Dying Declaration

PLAINTIFF-APPELLEE: People of the Philippines

DEFENDANT-APPELLANT: Rodrigo B. Salafranca
SUMMARY: Salafranca fatally stabbed Bolanon. Bolanon sought help from his uncle, Estao. On the way to the
hospital in a taxi, Estao asked Bolanon who stabbed him, Bolanon answered that it was Salafranca. When they got to
the hospital, Salafranca was pronounced dead 10 minutes later. RTC, CA and SC all affirmed the conviction of
Salafranca as guilty of murder. SC found that Bolanon's dying declaration in the taxi en route to the hospital was
admissible as evidence because it met all the requisites of a valid dying declaration.
GENERAL RULE: A dying declaration is generally inadmissible as evidence due to its hearsay character.
EXCEPTION: When the ff. requisites concur:
(a) 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 a competent witness;
(d) That the declaration is offered in a criminal case for homicide, murder, or parricide, in which the declarant is a
victim.

FACTS: 2. SC held that the circumstances (underlined and in

1. On July 31, 1993, Johnny Bolanon was stabbed near a bold in Fact #3) qualified Bolanon's utterance as both a
sports complex in Binondo. Bolanon was stabbed by his dying declaration and as part of the res gestae, which are
attacker by grabbing Bolanon's neck from behind and both exceptions to the hearsay rule.
delivering the stabbing blow towards Bolanon's chest. 3. DYING DECLARATION
2. The incident was witnessed by a 13 year old minor, GENERAL RULE: Inadmissible as evidence due to its
Augusto Mendoza. His attacker ran away. hearsay character.
3. After the stabbing incident, Bolanon was still able to EXCEPTION:If the following requisites concur:
walk to the house of his uncle, Rodolfo Estao, in order to
seek help. Estao rushed Bolanon to the Philippine REQUISITES: AS APPLIED IN THIS
General Hospital (PGH) in a taxi. On the way there, DYING CASE
Bolanon told Estao that it was defendant Salafranca DECLARATION
who had stabbed him. Bolanon was suffering from a (a) Declaration must Bolanon communicated his
hard time breathing, so Estao told him not to talk concern the cause and anti-mortem statement to
anymore because he will just suffer more. 10 minutes surrounding circumstances Estao, identifying
after they got to the ER, Salafranca died. of the declarant's death Salafranca as the one who
4. Salafranca fled after stabbing Bolanon, evading arrest stabbed him
for nearly 10 years. He was arrested on April 23, 2003. (b) That at the time the At the time of his
5. RTC convicted Salafranca for murder for the fatal declaration is made, the statement, Bolanon was
stabbing of Bolanon. This was confirmed by the CA. declarant is under a conscious of his
Hence this appeal. consciousness of an impending death because
impending death; of his stab wound in the
ISSUE RELEVANT TO OUR CLASS: WON chest, was experiencing a
Salfranca is guilty of Bolanon's murder? YES. hard time breathing, and
died in the ER
RULING: CA decision affirmed. (c) That the declarant is a Bolanon would've been
competent witness; competent to testify on his
RATIO: declaration had he
1. The SC noted Rodolfo Estao's testimony (Bolanon's survived
uncle) that identified Salafranca as his assailant after the (d) That the declaration is Dying declaration offered
stabbing happened. Estao testified that while they were offered in a criminal case in this criminal
traveling to PGH, Estao asked who stabbed Bolanon and for homicide, murder, or prosecution for Bolanon's
Bolanon answered that it was Rod Salafranca, the parricide, in which the MURDER
defendant, who had stabbed him. declarant is a victim.
During the trial, Salafranca was positively *SECOND PAGE IS NOT GERMANE TO OUR DISCUSSION AS
identified by Estao as the person who Bolanon TO DYING DECLARATION BUT IS RELEVANT AS TO THE
said stabbed him before he died. TOPIC IN CLASS, SO VALID YUNG SECOND PAGE KO. :P
4. RES GESTAE = Circumstances which are the
undesigned incidents of a particular litigated act and
which are admissible when illustrative of such act.
Generally, it referes 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 rule on res gestae encompasses the
exclamations and statements made by either the
participants, victims, or spectators to a crime
immediately before, during, or immediately after
the commission of the crime when the
circumstances are such that the statements were
made as a spontaneous reaction or utterance
inspired by the excitement of the occasion and
there was no opportunity for the declarant to
deliberate and to fabricate a false statement.
Test of admissibility of evidence as a part of the
res gestae: 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
negatives any premeditation or purpose to
manufacture testimony.

REQUISITES: AS APPLIED IN THIS

RES GESTAE CASE

(a) Principal act (res The startling occurerence

gestae) is a startling was the stabbing itself
occurrence

(b) Statements are made Bolanon was in the taxi on

before the declarant had the way to PGH and had
time to contrive or devise no time to contrive his
identification of Salafranca
as the assailant

(c) Statements must Dying declaration was

concern the occurrence in
question and its
immediately attending
circumstances
made in spontaneity and
only in reaction to the
stabbing. It's relevant
because it identified
Salafranca as the murderer