GR 116986; (February, 2000) (Digest)
G.R. No. 116986 February 4, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NICANOR LLANES y LEBREA and LEANDRO LLANES y DALISAY, defendants-appellants.
FACTS
Appellants Nicanor Llanes and Leandro Llanes were charged with the murder of Julian de Silva. The prosecution’s case hinged primarily on the victim’s alleged ante mortem or dying declaration. Witnesses testified that after hearing gunshots, they found the wounded Julian de Silva, who, in response to their questions, identified his assailants as “Ago and his father” or his cousin “Alan” and uncle “Nicandro Llanes,” referring to appellants Leandro and Nicanor. The victim succumbed to multiple gunshot wounds. The defense presented alibis, claiming they were elsewhere during the incident. The trial court convicted the appellants of murder based on this dying declaration.
ISSUE
Whether the trial court erred in convicting the appellants of murder based solely on the alleged dying declaration of the victim.
RULING
The Supreme Court modified the conviction from murder to homicide. The Court held that the prosecution failed to prove the qualifying circumstances of treachery and evident premeditation, thus the crime committed was homicide. Regarding the dying declaration, the Court found it admissible under Section 37, Rule 130 of the Rules of Court, which allows such statements made under a consciousness of impending death. The declaration was deemed credible as it was made shortly after the shooting while the victim was seriously wounded and seeking help, indicating his awareness of his fatal condition. The declaration was also corroborated by the barangay captain’s testimony about a prior motive involving the appellants’ anger towards the victim. However, the Court emphasized that while the dying declaration was properly admitted and sufficient for conviction, the prosecution did not establish the qualifying circumstances to elevate the crime to murder. Consequently, appellants were found guilty of homicide under Article 249 of the Revised Penal Code and sentenced to an indeterminate penalty.