People of the Philippines vs Rodrigo Salafranca

GR No. 173476
February 22, 2012

NATURE OF THE CASE

This is a murder case against Salafranca who was identified by its victim as his assailant before
succumbing to his injuries. Salafranca was convicted of murder based on the testimony of a credible
eyewitness and the dying declaration of the victim.

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.

DOCTRINE:

Res gestae refers 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.23

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.