G.R. No. 189834 ; March 30, 2011
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. JAY MANDY MAGLIAN y REYES, Accused-Appellant.

FACTS

An Information charged Jay Mandy Maglian with parricide for willfully, unlawfully, and feloniously attacking, assaulting, and setting on fire his lawfully wedded spouse, Mary Jay Rios Maglian, on January 4, 2000, in Dasmariñas, Cavite, causing her death from 90% third-degree burns. He pleaded not guilty. The prosecution’s version, based on witnesses including the victim’s mother Lourdes Rios, established that during a dinner argument at their home, the accused, incensed because Mary Jay wanted to attend a party, collected clothes she had given him, poured kerosene on them, and threatened to burn them. Despite Mary Jay’s plea not to pour kerosene on her, he did so, setting both the clothes and Mary Jay on fire. He brought her to a hospital, but she was later transferred multiple times. Before she died on February 24, 2000, she told her mother, “Si Jay Mandy ang nagsunog sa akin. (Jay Mandy burned me.)” The defense claimed the incident was accidental. The accused testified that during an argument, Mary Jay took the kerosene from him, they both got wet from spilled kerosene, and she screamed, “ako na lang ang sunugin mo (burn me instead).” He left, heard her shout she was burning, ran back, saw a blaze, embraced her, poured water on her, and brought her to the hospital, sustaining burns himself. He also presented witnesses, including PO3 Celestino San Jose and Atty. Rosemarie Perey-Duque, who testified that Mary Jay gave a handwritten statement on January 13, 2000, which they claimed was a dying declaration exonerating him. The Regional Trial Court found the accused guilty of parricide and sentenced him to reclusion perpetua, ordering him to pay damages. The Court of Appeals affirmed the RTC decision.

ISSUE

Whether the guilt of accused-appellant for parricide has been established beyond reasonable doubt.

RULING

The Supreme Court denied the appeal and affirmed the convictions. The Court held that the prosecution proved the accused’s guilt beyond reasonable doubt. The dying declaration made by Mary Jay to her mother, Lourdes Rios—”Si Jay Mandy ang nagsunog sa akin.”—was admissible and credible, meeting all essential requisites: it concerned the cause and circumstances of her death; it was made under the consciousness of impending death; she was competent as a witness; and the declaration was offered in a criminal case for parricide where her death is the subject of inquiry. The inconsistencies in the testimonies of prosecution witnesses were deemed immaterial and did not affect their credibility. No ill motive was shown for them to falsely accuse the accused. The defense’s claim of an alternate dying declaration was not given credence; the Court found the prosecution’s evidence, particularly the victim’s statement to her mother, more reliable and consistent with the evidence of the accused pouring kerosene on her. The accused’s claim of accidental burning and his defenses of lack of intent to commit so grave a wrong and voluntary surrender were rejected. The penalty of reclusion perpetua was affirmed, and the awarded damages were upheld.