GR 115690; (February, 1996) (Digest)
G.R. No. 115690 ; February 20, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. REY SALISON, JR., TIRSO ANDIENTE, RUFINO DIGNARAN and LEONILO FEDILES, accused. REY SALISON, JR., accused-appellant.
FACTS
On November 30, 1990, in Davao City, accused-appellant Rey Salison, Jr. approached the victim, Rolando Valmoria, placed an arm around his shoulder, and led him behind a house. Salison then boxed Valmoria, initiating a fistfight. During this altercation, Salison’s three co-accused, who were at large, suddenly appeared and joined in assaulting Valmoria. After a brief separation, the group, including Salison, resumed the attack. When Valmoria fought back, Salison and his cohorts picked up pieces of wood and struck Valmoria on the back, nape, and head. The severely injured victim managed to flee to his house. Later that evening, in a weakened state and believing he was dying, Valmoria dictated a written declaration identifying his assailants to the purok leader, Patricia Alcoseba. Valmoria succumbed to his injuries on December 4, 1990.
ISSUE
The core issues were whether conspiracy was proven, whether appellant was liable only for his own acts, and the admissibility of the victim’s written declaration.
RULING
The Supreme Court affirmed the conviction for Murder qualified by abuse of superior strength and imposed reclusion perpetua. The Court found conspiracy was established by the accused’s collective and simultaneous actions in mauling the victim with pieces of wood, demonstrating a common purpose to inflict serious harm. Consequently, appellant was liable for the fatal result of the concerted attack, not merely for his individual blows.
Regarding the written declaration, the Court ruled it was admissible as a dying declaration. The victim dictated it shortly after the beating while in extreme pain, believing his death was imminent, as shown by his physical condition and statements. Alternatively, even if not meeting all technical requirements for a dying declaration, it was admissible as part of the res gestae, being a spontaneous statement made under a startling event without opportunity for fabrication. The killing was properly qualified as Murder due to abuse of superior strength, as the four armed assailants employed excessive force against the unarmed and defenseless victim. With no modifying circumstances, the penalty of reclusion perpetua was correctly imposed.