G.R. No. 28197 & G.R. No. 28198, December 29, 1928
PEOPLE OF THE PHILIPPINE ISLANDS vs. JUAN REYES, ET AL.

FACTS

On the night of July 25, 1927, Alejandro Aquino and his two sons, Pastor and Jose, were attacked while asleep in their hut in Malolos, Bulacan. Pastor escaped and reported the incident. Police found Alejandro and Jose wounded. Before he died two days later, Alejandro gave a statement to the justice of the peace, identifying the appellantsJuan Reyes, Pedro de la Cruz, Pedro Gonzales, and Agustin Santiagoas his assailants. He stated that the attack was motivated by a land dispute, as the appellants were members of the “Kapatirang Magsasaka” society and resented him for tilling land leased by Bonifacio Santiago. Alejandro also identified a flashlight found at the scene as belonging to Pedro de la Cruz. In two separate cases, the defendants were charged with the murders of Alejandro Aquino ( G.R. No. 28197 ) and Jose Aquino (G.R. No. 28198). The trial court convicted them, imposing penalties including life imprisonment.

ISSUE

1. Whether Alejandro Aquino’s dying declaration is admissible as an *ante-mortem* statement.
2. Whether the evidence is sufficient to convict the appellants for the murders of Alejandro and Jose Aquino.
3. Whether the crime was committed with treachery, qualifying it as murder.
4. Whether the penalties imposed were proper.

RULING

The Supreme Court AFFIRMED the convictions with modifications.

1. Admissibility of the Declaration: The Court held that Alejandro Aquino’s statement qualifies as a dying declaration (*ante-mortem*). Despite the appellants’ contention that his words “Opo, seguro po” indicated only a possibility of death, the Court ruled that, given the gravity of his 18 wounds which caused his death two days later, he made the statement under a consciousness of impending death. Alternatively, the declaration is admissible as part of the *res gestae*, as it was made immediately after the incident when the police arrived.

2. Sufficiency of Evidence: The evidence, particularly Alejandro’s dying declaration corroborated by the testimony of Agustin Santiago before the justice of the peace, sufficiently establishes the appellants’ guilt beyond reasonable doubt for the murder of Alejandro Aquino. For the murder of Jose Aquino, the Court held that since the appellants entered the hut with a common purpose, all are equally liable as co-principals for the consequences, including Jose’s death. Thus, Agustin Santiago’s liability was upgraded from accomplice to co-principal.

3. Qualifying Circumstance: The attack occurred at night while the victims were asleep, rendering them defenseless. This circumstance constitutes treachery (*alevosia*), which qualifies the killings as Murder.

4. Penalties: The Court modified the penalty for Agustin Santiago in G.R. No. 28198 to life imprisonment as a co-principal. The penalties imposed in both cases were to be served successively, with the combined duration not exceeding forty (40) years, in accordance with the Indeterminate Sentence Law. The indemnities and costs were affirmed.

DOCTRINE:
1. A declaration made by a victim under the consciousness of impending death is admissible as a dying declaration (*ante-mortem* statement). The seriousness of the wounds and the declarant’s own belief are key factors in determining this consciousness.
2. A statement made immediately after a startling occurrence, relating to the circumstances of that occurrence, is admissible as part of the *res gestae*.
3. When multiple accused act with a common purpose or design in committing a crime, all are liable as co-principals for the consequences of their collective acts.
4. Attacking a person who is asleep constitutes treachery, as it ensures the execution of the crime without risk to the assailant arising from any defense the victim might make.