In the Philippines, statements made during or shortly after a startling event can be used as evidence, even if they are considered hearsay. The Supreme Court, in this case, clarified that a victim’s identification of an assailant, made three days after a shooting, can be admissible as part of res gestae if the statement was spontaneous and made before the victim had time to fabricate a false story. This means that even if a victim cannot speak immediately after a crime due to injuries, their later statements identifying the perpetrator can still be used in court, provided certain conditions are met. This ruling underscores the importance of spontaneous statements in criminal investigations, especially when the victim’s condition limits immediate communication.

From Victim’s Bedside to Courtroom: Can Delayed Identification Stand as Truth?

The case revolves around the murder of Miguel Belen, a radio station reporter, who was shot by a woman riding a motorcycle driven by Eric Vargas. Belen, though initially unable to speak due to his injuries, identified Vargas as the driver three days after the incident through gestures and writing. The central legal question is whether Belen’s delayed identification of Vargas, made in a question-and-answer format while hospitalized, is admissible as part of res gestae, an exception to the hearsay rule.

The admissibility of Belen’s statement hinged on Section 42 of Rule 130 of the Rules of Court, which addresses res gestae. This rule allows statements made during or immediately after a startling event to be admitted as evidence, specifically if they concern the circumstances of the event and are made spontaneously. The law states:

SEC. 42. Part of res gestae. — Statements made by a person while a startling occurrence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof, may be given in evidence as part of the res gestae. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significance may be received as part of the res gestae.

To determine whether a statement qualifies as part of res gestae, the courts apply a three-pronged test. First, the principal act must be a startling occurrence. Second, the statements must be made before the declarant has time to contrive or devise a false narrative. Third, the statements must concern the occurrence in question and its immediately attending circumstances. All three elements were deemed present in Belen’s case.

The Supreme Court considered the unique circumstances of Belen’s situation. Although three days had passed, the Court noted that Belen had been undergoing extensive surgery and treatment for his gunshot wounds. He was unable to speak and had difficulty breathing. Given these factors, the Court reasoned that Belen did not have the opportunity to fabricate a false story. His statements, made through writing and gestures, were considered spontaneous reactions to the startling event.

The Court also relied on two tests to evaluate the admissibility of statements under the res gestae rule: the statement must be interwoven with the principal fact or event, and the evidence must negate any premeditation or purpose to manufacture testimony. In Belen’s case, the Court found that his identification of Vargas was directly related to the shooting incident, and the circumstances surrounding his statement indicated that it was made spontaneously, without any deliberate design.

Moreover, the court highlighted several factors in determining spontaneity, including the time lapse between the event and the statement, the location where the statement was made, the declarant’s condition, any intervening events, and the nature of the statement itself. Applying these factors to Belen’s case, the Court concluded that his statement was indeed spontaneous and admissible.

Furthermore, Vargas’ defense of alibi was deemed weak and unsubstantiated. He claimed to have been at a drinking session at the time of the incident, but this was not corroborated by any other evidence. The Court reiterated that for alibi to be valid, it must be demonstrated that the accused was not only somewhere else when the crime was committed, but that it was physically impossible for him to have been present at the scene.

The Court also affirmed the lower courts’ finding of conspiracy between Vargas and the female assailant. Conspiracy exists when there is unity of purpose and intention in the commission of a crime. Since Vargas drove the motorcycle used in the shooting, the court inferred that he shared a common intent with the shooter to harm Belen. Their combined acts indicated a close association and a concurrence of sentiment.

Regarding the qualifying circumstances, the Court agreed with the lower courts on the presence of treachery but not on evident premeditation. Treachery exists when the offender employs means to ensure the crime’s execution without risk to themselves and without giving the victim an opportunity to defend themselves. The suddenness of the attack and the wounds sustained by Belen indicated that he had no chance to retaliate. The court quoted:

(1) the gun was fired not in succession but intermittently, meaning that there was sufficient time for the assailant to have observed the condition of Belen after each and every fire; (2) the quantity of bullets indicates the intent of the assailant to kill the victim; and (3) the locations of the wounds – with two coming from the back – show that it is possible that Belen was already lying down when the shots were fired.

However, the Court found no evidence to support a finding of evident premeditation. The prosecution failed to prove when the plan to kill Belen was hatched or how much time elapsed before it was carried out. Evident premeditation requires proof of deliberate planning and reflection upon the consequences of the act. Therefore, the Court modified the award of damages, as the absence of evident premeditation affected the determination of aggravating circumstances.

In light of this modification, the Court adjusted the damages awarded to the victim’s family. Following the guidelines set forth in People v. Jugueta, the Court awarded P75,000.00 each for civil indemnity, moral damages, and exemplary damages. Additionally, since no evidence was presented regarding medical, burial, and funeral expenses, the Court awarded P50,000.00 as temperate damages.

FAQs

What is ‘res gestae’?	‘Res gestae’ refers to statements made during or immediately after a startling event, admissible as evidence despite being hearsay because they are considered spontaneous and reliable.
Why was Belen’s statement considered part of ‘res gestae’?	Despite the three-day delay, the court considered Belen’s statement as part of ‘res gestae’ because he was recovering from severe injuries, unable to speak, and thus unlikely to fabricate a story.
What is the significance of ‘spontaneity’ in ‘res gestae’?	Spontaneity is critical because it suggests the statement was made without reflection or fabrication, making it more likely to be truthful and reliable as evidence.
What is alibi, and why was it not accepted in this case?	Alibi is a defense claiming the accused was elsewhere when the crime occurred. It was rejected because Vargas failed to prove it was physically impossible for him to be at the crime scene.
What is conspiracy, and how was it proven in this case?	Conspiracy is an agreement between two or more people to commit a crime. It was proven by Vargas driving the shooter to and from the crime scene, indicating a shared purpose.
What is treachery, and why was it considered a qualifying circumstance?	Treachery is a means of attack that ensures the crime’s execution without risk to the offender, giving the victim no chance to defend themselves. It qualified the crime as murder due to the sudden and unexpected nature of the shooting.
What is evident premeditation, and why was it not considered?	Evident premeditation requires proof of deliberate planning and reflection before committing the crime. It was not considered because the prosecution did not prove when the plan to kill Belen was formed.
How did the Court modify the damages awarded?	The Court reduced the damages to P75,000 each for civil indemnity, moral damages, and exemplary damages, and P50,000 for temperate damages, reflecting the absence of evident premeditation.

The Supreme Court’s decision underscores the importance of spontaneous statements in criminal investigations and the nuances of applying the res gestae rule. While delayed statements are generally treated with caution, the Court recognized the unique circumstances of this case and admitted Belen’s identification of Vargas as evidence. This ruling serves as a reminder of the Court’s commitment to justice and its willingness to consider all relevant evidence in determining the guilt or innocence of an accused.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: People of the Philippines vs. Eric Vargas y Jaguarin, G.R. No. 230356, September 18, 2019