52. [G.R. No. 140404.

 February 27, 2003]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BONIFACIO ALIBEN,
DIOSDADO NICOLAS and RONNIE NICOLAS, accused-appellants.

Facts:

Aliben, Diosdado and Ronnie (appellants) mauled Juanito P. Bongon, Sr. resulting to
the death of the latter. Bongon, Jr. carried his father to his padyak where he asked his
father who mauled him to which his father answered Dado and Ronnie. Such
declaration was also heard by Josefa, the victim’s wife. Several witnesses had seen
Aliben carrying a bolo covered with blood.
Ronnie voluntarily surrendered and stated that he was the sole perpetrator since
Bongon, Sr. threw stones where Ronnie was present.
Appellants contended that the dying declaration of the victim should not be considered
due to inconsistent testimonies of Bongon, Jr. and Josefa and due to the fact that the
expert witness testified that the victim had immediately died and that there was no
possibility for him to talk after he sustained his fatal injuries.

Issue: WON the dying declaration of Bongon, Sr. to his son and wife should be
considered in evidence against the appellants.

Held: Yes, the dying declaration was correctly considered by the lower court.
The inconsistencies referred to by appellants were only minor details.
The requisites for a dying declaration to be admissible in evidence are present in the
case at bar. The injuries sustained by the victim were serious enough to make the
declarant conscious of impending death, which in fact occurred even before he
reached the hospital. His declaration, which identified his assailants, referred to the
cause of his death. The declarant was competent to testify as a witness if he had been
called upon to give testimony in court. The declarants dying declaration was offered in
this case wherein he is the victim.

A dying declaration is an exception to the hearsay rule, because of its necessity and
trustworthiness: Necessity, because the declarants death makes it impossible for him
to take the witness stand; and trustworthiness, because when a person is at the point
of death, every motive for falsehood is silenced and the mind is induced by the most
powerful consideration to speak the truth.