G.R. No. L-25845, August 25, 1970.
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BRUNO ANTONIO, ET AL., Defendants, BRUNO ANTONIO and ALFONSO DASALLA, Defendants-Appellants.

FACTS

In the morning of December 5, 1962, barrio police chief Eugenio Angellano and others found Benjamin Semana wounded, hogtied, and seated at the foot of a tree in Tibag, Talugtog, Nueva Ecija. Semana stated that the previous night, while in a house with a woman, several men entered, causing him to jump out a window. A gunshot wounded him in the buttocks, after which he was captured, tied, brought to a hut in Baloy, Cuyapo, and maltreated by six or seven persons, of whom he recognized only Bruno Antonio and Alfonso “Ponyong” Dasalla. While Angellano was recording this statement, a group led by appellant Bruno Antonio (barrio captain of Baloy) arrived, forcibly took Semana on a sledge, and departed. Semana died that same day. An autopsy revealed multiple wounds, and death was due to hemorrhage and shock. Bruno Antonio claimed Semana was already dead when they decided to rest and they merely transported the body to report to authorities. Alfonso Dasalla claimed he was at home until summoned later to help carry the body. The trial court convicted both of murder and sentenced them to life imprisonment.

ISSUE

1. Whether the statement of Benjamin Semana to Eugenio Angellano is admissible as a dying declaration.
2. Whether the evidence is sufficient to prove the guilt of appellants Bruno Antonio and Alfonso Dasalla beyond reasonable doubt.

RULING

1. Yes, the statement is admissible. The court found it was made under a consciousness of imminent death, as Semana indicated he would die if not treated, and he was in serious condition, weak from profuse bleeding, and died soon after. Alternatively, the statement formed part of the res gestae as it was made during the continuous sequence of events from his injury to his death.
2. The evidence is sufficient for Bruno Antonio but not for Alfonso Dasalla. For Bruno Antonio: His guilt was established beyond reasonable doubt by Semana’s dying declaration identifying him as an assailant, his forcible taking of Semana from Angellano, and the circumstances indicating treachery (Semana was maltreated while tied). The penalty of life imprisonment is affirmed, but the indemnity to Semana’s heirs is increased from P6,000 to P12,000. For Alfonso Dasalla: The evidence is insufficient. He was not present when Semana was forcibly taken, and the only evidence against him is Semana’s uncorroborated statement. His guilt was not proven beyond reasonable doubt. The case against him is dismissed.
The decision is modified accordingly.