People vs Mendoza

G.R. No. 142654

November 16, 2001
Appellee: PEOPLE OF THE PHILIPPINES
Appellant: ROLANDO MENDOZA y CARPIO
Topics:
Facts:
Prudencio, the victim, was stabbed multiple times by Rolando and Reynaldo. The
incident was seen by Eduardo. The accused approached Eduardo and told him not to
say anything. Eduardo asked for help to bring Prudencio to the hospital. Estrellita heard
the commotion and saw Prudencio lying on the floor with blood. Estrellita helped to
bring Prudencio to the hospital. At the hospital, Prudencio told Estrellita that Reynaldo
and Ronaldo stabbed him. PO3 Alex took Prudencios ante mortem statement but four
days later, Prudencio died even though according to Manuel, his brother, that Prudencio
seems fine as he can move away and swing his arm to demonstrate how he was
stabbed.
Issue: WON the dying declaration of Prudencio is admissible in evidence.
Ruling: Yes.
The brother testified that, at the time, the victim seemed strong enough to even
move and sway his body to demonstrate how he had been stabbed. This fact, however,
did not necessarily show that when the antemortem statement was taken four days
earlier, the victim was not under a consciousness of death. The brothers testimony did
not in any way negate the victims consciousness of impending death at the time the
dying declaration was made.