187 – People v.

Salison (1996)
GR NO. 115690 | REGALADO, J.
IV. Hearsay Rule; Exceptions; Dying Declaration

FACTS
- An information was filed against Rey Salison and the co-accused Andiente, Dignaran,
Fideles, charging the accused with the murder of Rolando Valmoria by mauling and
pummeling with hard wood the victim. (Only Salison was prosecuted as the other co-
accused was still at large.)
- During the trial, the prosecution presented, among others, seven witnesses, a written
dying declaration by Valmoria after the incident. It was established by the prosecution
that Salison brought Valmoria behind a mango tree and boxed him. The three other co-
accused suddenly joined the fistfight and attacked Valmoria. When Valmoria fought
back, they picked up pieces of wood and started to hit Valmoria at the back of his nape
and head. Valmoria was able to escape and hide inside his house.
- Consequently, at the request of Valmoria, his parents accompanied him to the
house of witness Alcoseba, the purok leader. Valmoria asked Alcoseba to write
down his declaration regarding the incident, explaining that if he should die and
no witness should testify, his written declaration could be utilized as evidence.
Alcoseba testified that Valmoria was so weak and in pain, and Valmoria even
stating that “I believe that I will die”.
- After making such declaration, Valmoria and his parents proceeded to the hospital
where he was treated. However, three days later, Valmoria died due to the head injury.
- Salison, in his defense, merely denied having killed Valmoria, stating that while he was
on the way to visit his girlfriend, he saw Andiente and Valmoria fighting. He tried to
pacify them but then the police arrived and arrested them.
- The RTC found Salison guilty beyond reasonable doubt. Now, Salison argues, among
others, that the written statement purported to be the dying declaraion is
inadmissible since it was in Cebuano, and was not accompanied with a translation
in English or Filipino. It was also alleged by Salison that the declaration cannot be
considered a dying declaration as it was not made by the deceased “under the
consciousness of an impending death”.

ISSUE: WON the dying declaration was admissible

HELD: Yes!
- First of all, the defense never offered any objection to the admission of the declaration.
Thus, defense waived whatever infirmity the document had at the time of its submission
as evidence. Such declaration can be translated into English or Pilipino as it is already
admitted in evidence and forms part of the record. The court can merely order official
translations to be made. (It is true that Sec. 33, R132 now prohibits admission of official
documents in an unofficial language, but in the interest of justice, such prohibition cannot
be taken literally, especially when no objection has been made. There was no prejudice
 caused to the appellant, as it seems all the concerned parties and judicial authorities are
knowledgeable in Cebuano.
- While such statement was given, as in the nature of things they are generally in oral
form, they are not thereby rendered inadmissible as they may even be communicated by
means of signs. If the declarations have thereafter been reduced to writing and signed
by the declarant, the writing is generally held to be the best evidence, and must be
produced. During the trial, the witness was able to explain and discuss what was written
in the declaration and how she came to prepare the same. Everything written in that
declaration was confirmed by the eyewitnesses.
- Second, the declaration is found to have been made “under the consciousness of an
impending death”. At the time the deceased made the declaration, her was in great pain,
and even expressed the belief on his imminent death, and the hope the such declaration
could be used as evidence regarding the circumstances. A person would not say so if he
believes he would recover and be able to testify against his assailants. At all events,
assuming that declaration is not admissible as a dying declaration, it is still admissible as
part of the res gestae, since it was made shortly after the startling incident and, under
the circumstances, the victim had no opportunity to contrive.

PREMISES CONSIDERED, the assailed judgment of the lower court is AFFIRMED. Salison is
GUILTY.

Other Issues Raised By Salison and Discussed by the Court:

- Salison questioned the credibility of the witnesses.
o SC: The witnesses must be given full faith and credit. The eyewitnesses, with no
ill motives whatsoever, testified and confirmed Salison’s participation in the
crime. The defense did not present evidence to support Salison’s denials. The
alleged girlfriend was not even presented to confirm such fact that he did not
participate in the crime.
o Moreover, the denial was self-serving negative evidence that cannot be given
greater weight than the declarations of credible witnesses who testified on
affirmative matters.
- Salison argued that conspiracy was not established.
o SC: The witnesses’ testimonies belie such assertion, as the manner by which the
killing was executed clearly indicated a confederacy of purpose and concerted
action on the part of the accused. It was established that when Valmoria was
brought to the mango tree, the other accused then sprung up from the bushes
and simultaneously attacked Valmoria. Conspiract need not be proved by direct
evidence of prior agreement.