G.R. No. 133964 - People vs. Pena

Accused-appellant Ramil Pena was charged with murder in an Information alleging that on or about December 8, 1995, in Obando, Bulacan, he, armed with a firearm with intent to kill, wilfully, unlawfully and feloniously, with evident premeditation and treachery, attacked, assaulted and shot Jimbo Pelagio y Ferrer, hitting him on the head, thereby inflicting a wound which directly caused the death of Jimbo Pelagio.

In the early morning of December 8, 1995, accused-appellant hired Jimbo Pelagio, a tricycle driver working the night shift, to take him to Paco, Obando, Bulacan.
When they reached their destination, accused-appellant ordered Pelagio to get off the tricycle.
Accused-appellant robbed Pelagio of his money and repeatedly struck him on the head with a gun.
Pelagio fell on the ground unconscious.
Accused-appellant shot Pelagio on the head and fled aboard the tricycle.

That same morning, SPO1 Froilan Bautista received a call from the Valenzuela Emergency Hospital that a man had been shot on the head and was in their hospital.
SPO1 Bautista and SPO1 Jose Sta. Ana rushed to the hospital and found Pelagio still conscious, lying on a stretcher.
SPO1 Bautista took Pelagio’s statement in a question and answer method on two sheets of yellow paper, and Pelagio affixed his thumbmark on both sheets after the statement was taken.
In the statement, Pelagio related that accused-appellant inflicted his injuries on him, including that accused-appellant had pistol-whipped him and that his tricycle had been taken.

After being informed that Pelagio had been shot, the owner of the tricycle, Wilfredo Lampa, proceeded to the hospital.
At the hospital, Pelagio told Lampa that it was accused-appellant who shot him and took away his tricycle.
Francisca Pelagio, Pelagio’s mother, also went to the hospital.
Upon advice of the doctors, Francisca brought Pelagio to the Jose Reyes Memorial Hospital.
On February 6, 1996, Jimbo Pelagio expired.

Francisca testified that she spent P26,000.00 for Pelagio’s medical and funeral expenses.

Accused-appellant claimed that on the date of the incident he was in San Isidro, San Luis, Pampanga with his wife.
He alleged that he went into hiding in the house of his uncle, Maximiano Guevarra, for nine (9) months because he allegedly killed Roger Wininsala.
He claimed that he learned he was being accused of the murder of Pelagio only while he was detained on a drug charge.
Accused-appellant’s testimony was corroborated by his uncle Maximiano Guevarra.

The trial court was not persuaded by accused-appellant’s defenses.
On May 13, 1998, the trial court found accused-appellant guilty beyond reasonable doubt of murder under Article 248 of the Revised Penal Code.
The trial court sentenced accused-appellant to reclusion perpetua and ordered him to pay Francisca Pelagio P26,000.00 as actual damages and the costs of suit.

Accused-appellant claimed the trial court erred in finding that he shot Pelagio because there was no evidence that a bullet was embedded in the skull of the victim.
He further argued that the attending physicians were not presented to testify that Pelagio died of a ...(Subscriber-Only)

Whether Pelagio’s handwritten statement and the prosecution witnesses’ testimonies on Pelagio’s declaration were admissible as an exception to the hearsay rule

Whether Pelagio’s statement was properly admitted as a dying declaration.
Whether Pelagio’s statement could be admitted as part of res gestae notwithstanding that it might not qualify as a dying declaration.
Whether the prosecution witnesses’ testimonies and/or their written statements taken from the victim were wrongly treated as res gestae.

Whether there was sufficient evidence that accused-appellant shot Pelagio on the head

Whether the lack of testimony from attending physicians and the alleged absence of proof of an embedded bullet in the skull negated the finding of a gunshot wound.
Whether other documentary and testimonial evidence (radiologic findings, CT scan results, and death certificate) supported the conclusion that Pelagio was shot on the head.

Whether evident premeditation and treachery were proven with concrete proof sufficient to qualify the killing as murder.
Whether the prosecution proved the qualifying circumstances alleged in the Information.