Escolar Documentos
Profissional Documentos
Cultura Documentos
Dying Declaration
People vs Maramara An information was filed against Mara- REQUISITES -note different elements
Mara for murder in the RTC. The 1. that death is imminent and the
KEYWORDS: Benefit dance, prosecution alleged that Mara-Mara shot declarant is conscious of that fact;
tumultuous affray and killed the victim, Miguelito Donato. 2. that the declaration refers to the
Regarder Donato, the father of the victim, cause and surrounding
testified that he had asked who shot his circumstances of such death;
son and Miguelito replied that it was 3. that the declaration relates to
Mara-Mara. facts which the victim is competent
to testify to;
RTC: found Mara-Mara guilty of murder. 4. that the declarant thereafter
He was sentenced to reclusion perpetua. dies; and
Hence, this appeal to the SC. 5. that the declaration is offered in
a criminal case wherein the
SC: admitted Miguelito's dying declarant's death is the subject of
declaration and found Mara-Mara guilty inquiry.
of homicide.
-degree of seriousness of wounds +
death shortly after > maybe
substantial evidence that declarant
had full realization that he was in a
dying condition
People vs Molo One night, while Venancio Gapisa was -nature and extent of the wounds nature and extent
sleeping in his house, her wife Simeona (8 in all), declarant must have -8 wounds
KEYWORDS: Boslo, Bolo, heard murmurs and gnashing of teeth. realized the seriousness of his -weak
hacking, buri hut, defacate, When she peeked outside, she saw condition and it can therefore be -blood already drained
banana plant, moon, Dominador Molo about to enter their hut. inferred that he made the -dangling left arm had to be tied
kerosene lamp, motive, When Molo found Venancio sleeping, he incriminations under the -defecating pants due to pain
voluntary surrender, took his left wrist and hacked him using a consciousness of impending death, -died 4 ½ hours after being hacked
bolo. When Venancio was awakened, he which, if fact, supervened barely 4
tried to reach for his own bolo but failed ½ hours after he was boloed
to do so since Molo hacked him again.
Simeona ran outside and sought help -motive need not be shown if there
from her son Alejandro and their is a positive identification
neighbour Roman. When the three went
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back to the hut, they saw Venancio
bleeding. Alejandro approached his
father. Venancio told Alejandro that he
was boloed by Boslo (the name by which
Molo was known). Venancio said the
same thing to Roman. A criminal case was
filed against Molo.
People vs Cabrillas Accused Adriano and Benny were A dying declaration is an evidence VAA: only referenced by nicknames
charged with murder for the death of of the highest order; it is entitled to different from Geraldo vs People
Jesus Cabujat. According to the the utmost credence on the
prosecution witnesses, while Jesus was premise that no person who knows
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KEYWORDS: salt, drinking walking home with his granddaughter, he of his impending death would -there were 2 other witnesses that
spree, urinate, turned towards the grassy area of the make a careless and false testified as to the identity of the
granddaughter, circling, fled, road to urinate. The accused then accusation. At the brink of death, assailants
suddenly emerged from their hiding all thoughts on concocting lies -there are circumstantial evidence
place, held Jesus’ shoulders and disappear. that the assailants could’ve been
alternately stabbed him. At that moment, seen by the declarant
Jesus shouted, “I am wounded, please -there was also evidence on the
help me because I was stabbed by intent to kill
Benny and Adriano.” The 2 accused fled
and only Benny was arrested only 2 years
later.
People vs Toledo Sisendo Holgado and Filomeno Morales Sworn statement should have been First view: The view of CJ
engaged in a bolo duel in the morning of admitted in evidence as part of res Avancena and Justice Villamor.
KEYWORDS: hemp, June 15, 1927. The two had had disputes gestae because it was made by 1. The admissibility of Exhibit 1
uprooted, land dispute, bolo about the occupation of a certain land in Holgado on the same morning that should not be discussed.
duel, sworn statement Pinamalayan, Mindoro. Filomeno Morales the fight occurred and without the 2. Look at other pieces of evidence,
died as a result of the duel. Sisendo interval of sufficient time for they all point to acquittal. The
Holgado was seriously wounded but was reflection contradictions in the testimony for
able to proceed to a neighboring house. the prosecution pointed out by the
But before reaching said house, Sisendo The declaration fulfilled the test of trial judge do not impress the
met one of his workers named Eugenio the facts talking through the party members of the SC.
Toledo, who accompanied him to the and not the party talking about the 3. There being one witness for the
neighboring house owned by Dalmacio facts prosecution who, on account of her
Manlisic. From the neighboring house, relations with MORALES, and land
Holgado was taken to the municipal J. Malcom quoting editor of LRA troubles, might be expected to
building where he made a sworn 1. So long therefore as a declarant exaggerate.
statement before the municipal is available as a witness, his
president, in which he declared that extrajudicial statement should Second view: The view of Justice
only he and Morales fought. About one not be heard. Romualdez and Justice Villareal
month later, Sisendo Holgado died from 2. Where, however, the declarant is 1. Exhibit 1 should have been
the wounds received in fight. dead or has disappeared, his admitted as part of the res
previous statements, out of court, if gestae.
CFI Mindoro found Eugenio Toledo guilty not inadmissible on other grounds,
of the crime of homicide. are the best evidence. But they are Third view : The view of Messrs.
not rendered inadmissible by Justices Street, Malcolm, and
SC: Toledo's counsel raised the issue of the mere fact that the declarant Ostrand.
the admissibility of Holgado's sworn is unavailable, — something else The CFI erred in not admitting
statement/ affidavit before the municipal is necessary. One fact which will Exhibit 1 as a statement of a fact
president. The SC acquitted Holgado and satisfy this necessity is that the against penal interest.
stated that the affidavit should be declaration is or was against the
declarant's interest, and this is
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admitted as a statement of a fact against because no sane person will be
penal interest. presumed to tell a falsehood to
his own detriment.
First anomaly: Admissions are receivable 3. Again, if, seems indisputable, the
against either a pecuniary or a desire to close the door to
proprietary interest, but not against a falsehood which cannot be
penal interest. detected dictates the exclusion of
such testimony, the question as to
J. Malcolm: why it can be believed that a the effect to be given to such a
man will be presumed to tell the truth in confession is solely one of
the one instance but will not be weight and credibility
presumed to tell the truth in the other
instance. Again the exhibit would have
been admitted against its maker at his
trial, if he had not died. But the document
is held inadmissible to exonerate another.
Yet the truth of the exhibit is not different
in the first case that in the second.
Philippine Free Press vs CA PFPI bought parcel of land and VAA: We proceed on the premise
constructed a building on it. Placed that ownership had already been
machineries, equipment and furniture. transferred to PCGG
KEYWORDS: Parcel of land, During the 1965 elections (Marcos vs Res Inter Alios Acta present -
office, machineries, election, Macapagal) PFPI published articles Declaration of Baesa is an
Marcos, articles, padlock, critical of Marcos before Martial Law. Its
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Martial Law, financial ruin, building was later on padlocked. Locsin “admission” of somebody else –
vitiated consent and gross Jr., son of Locsin SR. (pres. of PFPI) was declaration dragging Marcos.
inadequacy of purchase told by soldiers that Martial Law has been During Martial Law, would he have
price declared. needed evidence aliunde to show
Locsin Sr. was arrested but was that he was acting on behalf of
provisionally released because no Marcos? NO
charges were filed against him.
The building remained padlocked and Agency is agency.
under heavy military guard. lead to
financial ruin of PFPI. The employees Menzi:
demanded for separation pay and “MARCOS CANNOT BE DENIED”
minority stockholders demanded Locsin “NO CHOICE BUT TO SELL”
Sr. to buy out their shares.
-Approached by Att. Baizas offer from October 23, 1973: Deeds of sale
Marcos to buy property denied execution
-Sec. De Vera reiterated offer Prescription: 1977 (4 years)
-Aide-de-camp Brig. Gen. Hans Menzi February 25, 1986: EDSA
contacted Locsin Sr. about the sale. revolution
Locsin asked for a meting inside the February 26, 1987: institution of
building. While inside, Menzi reiterated complaint for annulment of sale
offer to buy name and building “MARCOS
CANNOT BE DENIED” and that “NO
CHOICE BUT TO SELL”
Locsin made a counteroffer allow to
sell the properties but not the name
Menzi: promised to clear the matter
informed him that Marcos was amenable
and offer P5,750,000 on a take it or leave
it. Menzi paid P1M downpayment used
proceeds to pay employees and
stockholders
After EDSA Revolution, PFPI filed
annulment of sale against Liwayway and
PCGG for vitiated consent and gross
inadequacy of purchase price
Relevant evidence
1.The letters of introduction
(Exhs. S and T) Monina procured
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from a cousin, Mike Alano (son
of Francisco’s elder sister Luisa);
and an uncle, Emilio Jison
(Francisco’s elder brother),
addressed to another cousin,
Beth Jison (Emilio Jison’s
daughter), for Beth to assist
Monina. Exhibit S contained a
statement (Exh. S-1) expressly
recognizing that Monina was
Francisco’s daughter. [These
letters were procured in
connection with Monina’s trip
abroad, which she eventually
cancelled.]
2.A letter of introduction from
former Vice President Fernando
Lopez addressed to then United
States Consul Vernon McAnnich
(Exh. V). [This was procured for
another trip abroad after she
finished her graduate studies.]
3. A recommendation letter (Exh.
U) from Mrs. Mariquit Lopez for
possible employment with Mrs.
Rosario Lopez Cooper, another
second cousin of Francisco.
Tecson vs Comelec Petitioners sought to disqualify and to VAA: Evidentiary principle (judicial
deny due course or to cancel the notice) which applies to the fact
KEYWORDS: FPJ certificate of candidacy of respondent surrounding the death of the
Fernando Poe, Jr. (FPJ) in the grandfather.
presidential elections upon the thesis Death Certificate showed that
that he made a material representation of residence in Pangasinan in 1954.
facts in his certificate of candidacy by Residence of the death is presumed
claiming that he is a natural-born Filipino to be the residence at the time
citizen. According to petitioners, FPJ’s when he is alive.
mother was an American, and his father,
Allan Poe, was a Spanish national, being As to the admissibility of the
the son of Lorenzo Pou, a Spanish subject. contents,
The Court ruled that upon the ratification Not strictly judicial proceeding –
of the treaty, and pending legislation by administrative. Rules of evidence
the United States on the subject, the might not be strictly applied.
native inhabitants of the Philippines
ceased to be Spanish subjects. Although Which court has original
they did not become American citizens, jurisdiction – COMELEC or SC, was
they, however, also ceased to be “aliens” it settled? SC did not solve the
under American laws and were thus jurisdictional issue
issued passports describing them to be
citizens of the Philippines entitled to the Factum probandum is the
protection of the United States. Tracing relationship of Allan to FPJ but that
respondent’s paternal lineage, his relationship is a sine qua non in a
grandfather Lorenzo, as evidenced by the pedigree .39 situation.
latter’s death certificate, was identified as If Ruby is the out of court
a Filipino Citizen. His citizenship was also declarant, still wouldn’t apply
drawn from the presumption that having because she is not dead/unable to
died in 1954 at the age of 84, Lorenzo testify
would have been born in 1890. In the Bessy’s relationship can be
absence of any other evidence, Lorenzo’s established by evidence aliunde.
place of residence upon his death in 1954 If Bessy is the out of court
was presumed to be the place of declarant regarding the pedigree of
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residence prior his death, such that Allan, then Allan’s pedigree
Lorenzo Pou would have benefited from relationship with FPJ can be
the "en masse Filipinization" that the established. Bessy cannot testify as
Philippine Bill had effected in 1902. This she was abroad. .39 defect is cured.
being so, Lorenzo’s citizenship would
have extended to his son, Allan,
respondent’s father. An accepted
principle of international law dictated
that a change in sovereignty, while
resulting in an abrogation of all political
laws then in force, would have no effect
on civil laws, which would remain
virtually intact.
Gravador vs Mamigo Gravador was the principal of the Sta. A persons’s statement as to his VAA:
Catalina Elementary School. On August date of birth and age, as he learned .40 – Family tradition because he
15, 1964, the Superintendent of Schools of these from his parents or learned of his birthday from his
KEYWORDS: retirement, notified him that he was required to relatives, is an ante litem motam family and relatives
principal, birthday retire since he had reached the declaration of family tradition
compulsory age of 65. The .39 – Declaration of the brother in
Superintendent asserted, based on pre- the verified pleading in the
war records, that his birthday was cadastral case.
November 26, 1897 and so Gravador
was 66 years old 8 months and 22 days. ----
Mamigo was designated to replace Affidavits
Gravador. Gravador submitted post-war Lazaro Bandoquillo & Pedro Sienes
documents to show that his birthday was -knew he was born on Dec 11,
December 11, 1901 and that he was not 1901 because they were neighbors
65 yet. He later filed a case for quo of petitioner’s parents
warranto, back pay, and damages against -they were present when Gravador
the Superintendent and Mamigo, among was born
others. -they were also invited during the
baptismal party a few weeks after
CFI: ruled in favor of Gravador stating the birth of Gravador
that he was born on Dec 11 1901 and
immediate execution was ordered which Conflict:
resulted in the reinstatement of Gravador
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-pre-war records show his date of
Respondents appealed but petitioner birth as Nov 26, 1987. 2 Insular
asked for dismissal because the issues Teacher’s cards and 1 employee’s
were already moot he retired already record card
and was paid corresponding retirement -post-war records show that he
benefits was born on Dec 11 1901
Elementary Teacher’s Report Card,
SC affirmed CFI. Court deemed it Employee’s Record Card, and an
necessary to decide on the case for the employee’s record of qualifications
computation of retirement annuities
which is based, among other things, on Aggravating uncontroverted facts
the number of years of service of the -records of the church where the
retiree. Payment of benefits would not petitioner was baptized were
exempt him from making a refund if he destroyed by fire
was born on November 26, 1987. -the municipal civil register
contains no record of the
CFI correctly relied on the post-war petitioner’s birth
records
1) Moran: although a person can have no verified answer in a cadastral
personal knowledge of the date of his proceeding in CFI filed (March
birth, he may testify as to his age as he 15, 1924) by petitioner’s brother
had learned it from his parents and (Romulo Gravador), now
relatives and his testimony in such case is deceased stated that
an assertion of a family tradition petitioner, said to be as one of
2) the import of the declaration of the the co-owners of the land, was at
petitioner’s brother, contained in the the time 23 years old
ceriifed pleading in a cadastral case, was
made ante litem motam by a deceased
relative, this statement is at once a
declaration regarding the pedigree within
the intendment and meaning of Sec 33 of
Rule 130 of ROC
3) parties agreed that the petitioner has
a brother (Constantino) who was born in
June 10, 1898 who retired on June 10
1963. Petitioner could not have been
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born earlier than Constantino because
Constantino s admittedly older than
Petitioner
People vs Villanueva FIRST OCCASION: BBB with her parents -When a rape victim testifies in a Also mentioned People vs Pruna
and 3 brothers spent the night at her straightforward and candid
aunt’s house. Her mother left to attend manner, unshaken by rigid cross- Also includes best evidence rule
KEYWORDS: rape, water, the wake. While inside her room with her examination and unflawed by
brothers (who were sleeping), BBB asked inconsistencies, or contradictions
for a glass of water from appellant on material points, the testimony
Filomino Villanueva. After drinking, she should be given full faith and credit
felt dizzy. She woke up the following day - in view of intrinsic nature of rape,
and her breast and vagina were aching the only evidence that can be
but she did not do anything because she offered to prove the guilt of the
thought she had been bitten by ants. offender is the testimony of the
SECOND OCCASION: around 12mn while offended party
BBB and her brothers were inside their
room sleeping, Vilanueva went inside,
raised BBB’s blouse up to her neck and
sucked her breast. He pulled her shorts
and panty up to her thighs, kissed her
lips, went on top of her, and inserted his
penis into her vagina. He then told her he
would kill her and her family if she
reported the matter to anyone.
She told her mother when she got
pregnant. Her mother cried and got mad.
She later on gave birth and had the child
adopted by her cousin
Defense
-watched TV with children in sister-in-
law’s house while she and his wife went
to a wake
-Wife slept between him and BBB
-denied that BBB asked for water because
all the children were asleep
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-no serious problems with wife only
who would cook in mornings
-no misunderstandings with BBB
-did not file counteraffidavit because he
was surprised and “they” hurt him but
did not report matter to anyone
#4 in Pruna
KEYWORDS: Rape
Common Reputation
In Re Mallare Then acting Immigration Commissioner -declaration that a person was Illegitimacy of Esteban
Martiniano Vito filed a complaint against reputedly born out of wedlock is Non-existence of wedding between
Florencio Mallare, who was admitted to admissible as evidence of Ana and an alien
KEYWORDS: Citizenship, the Phil. Bar, to determine whether his illegitimacy
Philippine Bar, Tagalog, names should be stricken from the roll of -
campaigning, voting, hilot, persons authorized to practice law in the
birth certificate, Phils. The Court ordered an investigation
of his citizenship, and after investigation
of the Court’s Legal Officer Investigator, it
decided that Mallare’s father (Esteban)
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was Chinese up to his death and his
mother is also Chinese so Mallare is
Chinese.
Florencio was excluded from the practice
of law, his admission to the bar was
revoked and he was ordered to return his
lawyer’s diploma
Mallare filed MR but was denied. He filed
petition for new trial because of newly
found evidence
1) entry in the registry of baptism if
Immaculate Concepcion Church to
show that Esteban was the natural son of
Anna Mallare (a Filipina)
2) testimonies of certain person who had
known Esteban and his mother during
their lifetime
the Court granted petition for new trial
Florencio’s arguments
1) Esteban, being the natural son of Ana,
a Filipina, was a Filipino citizen
2) Esteban, the son of a Filipino mother,
by his overt acts, had chosen Phil.
Citizenship
3) Florencio, a legitimate son of Esteban,
is a Filipino citizen
Res Gestae
Air France vs Carrascoso Carrascoso was ousted against his will
from his first class seat to the tourist class
by a manager of Air France during a flight
from Bangkok to Beirut. He sued for
breach of contract. In his testimony, he
testified that the purser of the plane took
note of the incident. The counsel for Air
France objected to the testimony as
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incompetent to prove the fact that the
purser entered the incident in his note,
and that the best evidence is the note
itself. The SC ruled that, since the object
of the testimony is the ouster, not the
entry, the best evidence rule does not
apply. In any case, it is admissible as part
of res gestae.
People vs Reyes Gatchalian, Austria, Pedro, Eusebio,
Marcelo, Gervasio and Peping shot 3
members of the military police. Two died
and the other suffered serious physical
injuries. Reyes became a witness for the
prosecution and testified that he heard
Gervasio and Gatchalian declare that they
were sure that the MP they shot was
dead. CFI convicted them. SC affirmed
People vs Dela Cruz Dela Cruz was charged with homicide for
killing Fr. Vicente Garabato. Aside from
the witness testimonies who testified that
they were with Fr. Garabato at the time
he was killed, the TC appreciated the
police investigation report of SPO3
Patriarca. According to his police report,
he asked the spectators as to who shot
the victim and the spontaneous response
he got was "Yun hong pulis na nakatira sa
tapat. TC appreciated this as res gestae
People vs Cariquez Ava, Ethel’s mother, and Leezel, Ava’s
live-in partner, allegedly caused several
injuries to Ethel, a 2 ½ year old girl.
Ethel’s severe head injuries eventually
caused her death. A long time before her
death, Lilia and several neighbors of Ava
asked the child who caused the injuries.