G.R. No. 144222-24 April 3, 2002
People of the Philippines, plaintiff-appellee, vs. Ronito Boller alias Obat, Dianito Boller alias Nonoy and Francisco Boller alias Bayani, accused-appellants.

FACTS

Accused-appellants Ronito, Dianito, and Francisco Boller were charged with three counts of Murder for the killing of Lolito dela Cruz, Jesus Orquin, and Arsenio Orquin on October 27, 1995, in Barangay Hinayagan, Gandara, Samar. The prosecution’s evidence established that at around 8:00 a.m., the victims were working at a copra kiln when Jacinto Orquin saw the three accused-appellants, armed with firearms (an M-14, a shotgun, and a Garand), about three meters away and pointing their guns at the kiln. Jacinto ran, and the accused-appellants opened fire, hitting the three victims. Lolito dela Cruz, before his death, gave an ante-mortem statement to a barangay kagawad identifying the three accused-appellants as his assailants. The victims died from gunshot wounds. The accused-appellants presented alibis and denied involvement. The Regional Trial Court convicted them of three counts of Murder, sentencing each to reclusion perpetua per count and ordering them to pay indemnity.

ISSUE

1. Whether the ante-mortem statement of Lolito dela Cruz was admissible as a dying declaration.
2. Whether the qualifying circumstance of treachery was proven.
3. Whether the guilt of the accused-appellants was proven beyond reasonable doubt.

RULING

1. On the Dying Declaration: The Supreme Court ruled that the statement of Lolito dela Cruz was not a valid dying declaration. While it concerned his death and he was conscious of his impending death (as shown by his grave wounds and his death shortly after), it failed to meet the requirement that the declarant must have been competent as a witness. The statement was not given under oath or affirmation, and there was no opportunity for cross-examination. Therefore, it was inadmissible as a dying declaration.
2. On Treachery: The Court ruled that treachery was not proven. The prosecution failed to establish how the attack was commenced. The lone eyewitness, Jacinto Orquin, did not see the initial moments of the assault because he had already run away when the shooting started. The medical reports did not indicate the relative positions of the assailants and victims. Without particulars on the manner of attack, treachery could not be appreciated.
3. On Guilt: The Court upheld the conviction but modified the crime from Murder to Homicide. The positive identification by eyewitness Jacinto Orquin, who knew the accused-appellants, was credible and prevailed over the weak alibis of the defense. However, without treachery, the crimes were Homicide, not Murder. Each accused-appellant was found guilty of three counts of Homicide.
DISPOSITIVE PORTION:
The decision of the RTC was AFFIRMED with MODIFICATIONS. Accused-appellants are guilty of three counts of Homicide. Each is sentenced in each count to an indeterminate penalty of 8 years and 1 day of prision mayor, as minimum, to 14 years, 8 months and 1 day of reclusion temporal, as maximum. They are ordered to pay, jointly and severally, in each count, the sums of P50,000.00 as moral damages and P50,000.00 as civil indemnity to the heirs of each victim. Costs de officio.