People v Palanas

 March 26, 2006 while SPO2 Borre was outside their house with his grandson together with PO3 Zapanta who was at that
time also at SPO2’s residence was watching the TC when he heard 4 successive gunshots.
 Upon checking through the house’s open door SPO3 Zapanta saw 3 armed men standing at about a meter away from
SPO2Borre’s house and saw Palanas deliver the 4th shot to SPO2 Borre but cannot identify other shooters.
 On the way to the hospital, SPO2 Borre told Ramil and PO3 Zapanta that it was a certain “Abe”,”Aspog”, or “Abe Palanas”
(his neighbour) who shot him at the hospital.
o SPO2 Borre died the next morning
 Palanas – denial and alibi
o Claimes that on Mar. 25 2006 he was in Paranaque City attending to his sick father. And went to a baptism the next
day.
o Claimed that he was not aware of the death of SPO2 Borre until he was informed by their neighbour
 RTC: convicted Palanas for murder
o Prosecution had established beyond reasonable doubt that Palanas and his companion were the ones who killed
SPO2 Borre through positive identification
o SPO2 borre’s statements that Palanas shot him constituted an ante mortem statemend and therefore formed part
of the res gestae and is admissible in evidence.
 CA: affirmed RTC ruling

ISSUE/RATIO

W/N SPO2 Borre’s statements on his way to hospital can be part of both a dying declaration and the res gestae – YES

 Dying Declaration Requisites:

o the declaration must concern the cause and surrounding circumstances of the declarant's death;
o that at the time the declaration was made, the declarant is conscious of his impending death;
o the declarant was competent as a witness; and
o the declaration is offered in a criminal case for Homicide, Murder, or Parricide where the declarant is the victim.
 Res Gestae
o the principal act, the res gestae, is a startling occurrence;
o the statements were made before the declarant had time to contrive or devise; and
o the statements must concern the occurrence in question and its immediately attending circumstances.
 Case at bar, SPO2 Borre’s statement constitute a dying declaration, given that they pertained to the cause and
circumstances of his death.
o He also uttered it on a fixed belief that his own death was already imminent
 Re: RES GESTAE
o test of admissibility of evidence as a part of the res gestae is, therefore, 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 negates any premeditation or purpose to
manufacture testimony.
o In this case, SPO2 Borre’s statements refer to a startling occurrence and while on his way to the hospital, SPO2
Borre had no time to contrive the identification of his assailants.
 Thus, his utterance was made in spontaneity and in reaction to the startling occurrence.

PETITION DENIED