Key Takeaway: The Supreme Court Affirms the Weight of Dying Declarations in Convicting Murder

People of the Philippines v. Roberto Bernardo y Fernandez, G.R. No. 216056, December 02, 2020

In the quiet of a rural morning, a single gunshot shattered the peace, leaving behind a family grappling with loss and a legal system tasked with delivering justice. The case of People of the Philippines v. Roberto Bernardo y Fernandez centers on the tragic death of Roger Arquero, who was shot while walking to his rice field. This case raises a pivotal question: Can the dying words of a victim be enough to secure a murder conviction? The Supreme Court’s decision not only answers this question but also underscores the significance of dying declarations in Philippine jurisprudence.

Legal Context: The Role of Dying Declarations in Criminal Law

In Philippine criminal law, a dying declaration is a statement made by a person who is conscious of their impending death, concerning the circumstances of that death. Under Section 37 of Rule 130 of the Rules of Court, such statements are admissible as evidence in homicide, murder, or parricide cases where the declarant is the victim. The rationale is that a person facing imminent death is unlikely to lie, making their words highly credible.

The Revised Penal Code (RPC) defines murder under Article 248, which includes the use of treachery as a qualifying circumstance. Treachery involves the deliberate adoption of means that ensure the execution of the crime without risk to the offender, as seen in this case where the assailant allegedly ambushed the victim. Additionally, Republic Act No. 8294 considers the use of an unlicensed firearm as a special aggravating circumstance in murder cases.

Consider the example of a person shot during a robbery, who, in their final moments, names their assailant. This dying declaration could be crucial in court, as it is treated with utmost seriousness due to the belief that a dying person has no reason to lie.

Case Breakdown: The Journey to Justice for Roger Arquero

On May 25, 2001, Roger Arquero was walking to his rice field with his brother-in-law, Rolando Licupa, when Roberto Bernardo allegedly emerged from a hilly area and shot Arquero with a homemade shotgun. Arquero succumbed to his injuries later that day, but not before telling his wife that Bernardo was his assailant.

The legal journey began with Bernardo’s arraignment on February 6, 2002, where he pleaded not guilty. The trial ensued, with the prosecution relying heavily on Licupa’s eyewitness account and Arquero’s dying declaration to his wife. The defense countered with Bernardo’s claim that he was at home during the incident and that Arquero’s group attacked his house.

The Regional Trial Court (RTC) convicted Bernardo of murder on May 24, 2010, sentencing him to reclusion perpetua without parole. The Court of Appeals (CA) upheld this decision on May 20, 2014. The Supreme Court, in its final review, affirmed the conviction, emphasizing the credibility of the dying declaration and the presence of treachery and the use of an unlicensed firearm.

Key quotes from the Supreme Court’s reasoning include:

• “Truth often lies in the lips of a dying man. A person aware of a forthcoming death is generally considered truthful in his words and credible in his accusation.”
• “The essence of treachery is the sudden and unexpected attack by an aggressor on the unsuspecting victim, depriving the latter of any chance to defend himself and thereby ensuring its commission without risk of himself.”

The procedural steps included:

1. Arraignment and plea of not guilty by Bernardo.
2. Trial on the merits, where prosecution presented eyewitness testimony and the victim’s dying declaration.
3. Conviction by the RTC, followed by an appeal to the CA.
4. Affirmation by the CA, leading to a final appeal to the Supreme Court.

Practical Implications: The Impact of Dying Declarations on Future Cases

This ruling reinforces the legal weight of dying declarations in murder cases, potentially influencing how similar cases are handled in the future. For legal practitioners, it underscores the importance of securing and presenting such declarations effectively. For individuals, it highlights the critical nature of immediate reporting of dying statements to authorities.

Businesses and property owners should be aware of the legal consequences of firearm use, as the unlicensed use can aggravate charges significantly. This case also serves as a reminder of the importance of clear and detailed information in legal documents, such as the Information filed against an accused.

Key Lessons:

• Understand the legal significance of dying declarations and their admissibility in court.
• Ensure that any legal documents, especially those related to criminal charges, are detailed and precise.
• Be cautious about the use of firearms, particularly unlicensed ones, as they can significantly impact legal outcomes.

Frequently Asked Questions

What is a dying declaration?

A dying declaration is a statement made by a person who believes they are about to die, concerning the circumstances of their death. It is admissible in court under specific conditions, particularly in cases of homicide, murder, or parricide.

How does treachery affect a murder charge?

Treachery, as a qualifying circumstance, can elevate a homicide to murder. It involves a deliberate act to ensure the crime’s execution without risk to the offender, such as an ambush.

What are the consequences of using an unlicensed firearm in a crime?

Under Republic Act No. 8294, the use of an unlicensed firearm in committing homicide or murder is considered a special aggravating circumstance, potentially leading to a harsher penalty.

Can a conviction be based solely on a dying declaration?

While a dying declaration can be highly influential, it is typically considered alongside other evidence, such as eyewitness accounts and physical evidence, to secure a conviction.

What should be done if someone makes a dying declaration?

It is crucial to report the dying declaration to the authorities immediately, ensuring it is documented and can be used as evidence in legal proceedings.

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