PEOPLE V.

VIOVICENTE

FACTS:

The accused Viovicente allegedly conspired with three other men to stab Fernando Hoyohoy in the chest
using a bolo and icepick, resulting in the death of Hoyohoy. According to an eyewitness, Fernando Flores,
who was standing ten steps away from the victim, Viovicente et al attacked Hoyohoy while buying
cigarettes at a store. Two held held him down while the others stabbed him.

 Afterwards, the victim ran towards his house and told his brother, Tomas,that his assailants were
Maning, Fernando and Duras Viovicente as well as Romero Obando. The victim was taken to the
National Orthopedic Hospital where he made a statement to a police officer at 8am, before he
passed away at 11am.
 In the statement, Hoyohoy identified only Maning and Duras as his assailants, omitting the
accused, Fernando, and Romero Obando. The accused claims the statement of Hoyohoy to his
brother should not be admissible as a dying declaration since it was not in writing and it was not
immediately reported to the authorities. Instead, Fernando Viovicente claims that Hoyohoy’s
statement before the police officer should be given more weight, wherein he was not identified
as an assailant.

ISSUE:

Can the statement of the victim to his brother be considered as a valid dying declaration, admissible in
court?

RULING:

The Revised Rules on Evidence do not require that a dying declaration must be made in writing to be
admissible. In only requires that

a) It must concern the crime and the circumstances of the declarant’s death,

b) At the time it was made, the declarant was under a consciousness of impending death,

c) The declarant was competent as a witness and d) the declaration was offered in a criminal case for
homicide, murder or parricide where declarant was the victim.

All these requisites have been met.

As to the delay in reporting the dying declaration, delay in making a criminal accusation does not
necessarily impair a witness’ credibility if such delay is satisfactorily explained.

Lastly, the declaration was merely support for the testimony of the witness, Fernando Flores, who testified
that Maning, Fernando and Duras Viovicente as well as Romero Obando were the assailants.