G.R. No. L-4640; March 23, 1953
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EPIFANIO AVILA, defendant-appellant.

FACTS

In June 1948, Joaquin Yu Kok (the victim) lived in sitio Cato-ogan, Tago, Surigao, with his servants Teotimo Vasquez and Julian Marvas. On the morning of June 27, 1948, Yu Kok went with his servants to barrio Sampinit to collect a debt of five cavans of palay from Cirilo Avila (father of the debtor Eugenio Avila). Cirilo offered only two cavans, leading to a heated argument where Cirilo expressed anger and left. Yu Kok insisted on full payment, and Cirilo’s wife eventually gave the five cavans. The appellant, Epifanio Avila, was present and shared his father’s resentment.
That night, Yu Kok slept in his bedroom, Teotimo slept on a long table in an adjoining room with a lighted lamp, and Julian visited elsewhere. Between 10:30 and 11:00 p.m., appellant surreptitiously entered the kitchen. The noise awakened Yu Kok, who went to investigate and was met by appellant, who shot him in the lower abdomen and left thigh. As Yu Kok ran back to his room, appellant continued firing, wounding him in the buttocks and right hip. Yu Kok then jumped out of a window and lay disabled on the ground. Teotimo, awakened by the shots, saw appellant standing at the foot of the table in front of the lamp; appellant then shot Teotimo in the left arm before escaping through a kitchen window. Teotimo heard Yu Kok calling for help and stating he had been shot by Epifanio.
Julian, returning home, heard the shots and saw several persons fleeing; with a flashlight, he recognized appellant and his father Cirilo. Julian went to Yu Kok, who told him appellant had shot him. With neighbors’ help, Yu Kok was taken inside, and authorities were notified. Chief of Police Isidro Pilapil arrived the next morning and took Yu Kok’s statement (Exhibit “D”), which Yu Kok thumbmarked. Yu Kok was taken to the poblacion, where Dr. Valerio Montesclaros examined him; Yu Kok again identified appellant as his assailant. Later, when brought face-to-face with appellant in the presence of the Chief of Police and the doctor, Yu Kok pointed to appellant as his assailant. Yu Kok died the following morning.

ISSUE

Whether the trial court correctly found Epifanio Avila guilty of murder.

RULING

Yes, the trial court’s decision is affirmed with modification regarding indemnity. The evidence conclusively establishes appellant’s guilt. Yu Kok’s spontaneous declarations to Teotimo and Julian immediately after the shooting are admissible as part of the res gestae. His statements to the Chief of Police and Dr. Montesclaros, and his act of pointing to appellant as his assailant, are admissible as dying declarations, given his critical condition and subsequent death. These, combined with Teotimo’s eyewitness account of seeing appellant in the room and Julian’s testimony of seeing appellant flee, prove guilt beyond doubt.
The attack was attended by treachery (alevosia) as the victim was just awakened and unprepared. The aggravating circumstance of dwelling is present, but it is compensated by the mitigating circumstance of passion and obfuscation arising from the earlier dispute over the debt. The penalty of reclusion perpetua is affirmed. The indemnity to the heirs is increased to P6,000.