GR L 45470; (February, 1985) (Digest)
G.R. No. L-45470 February 28, 1985
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GREGORIO LAQUINON, alias “JOLLY”, defendant-appellant.
FACTS
The accused, Gregorio Laquinon, was charged with murder for the shooting of Pablo Remonde on November 13, 1972, in Hagonoy, Davao del Sur. The prosecution’s evidence established that the barrio captain, Samama Buat, responded to calls for help and found Remonde lying face down with his hands tied behind his back. Before being transported to the hospital, Remonde gave an oral statement identifying Gregorio Laquinon as the person who shot him. Remonde died three days later from his gunshot wound.
The accused presented a different version, claiming he was a member of the KM (Kilusang Magbubukid) and was ordered by his commanding officer, Noli Cabardo, to fetch Remonde. He asserted that he brought Remonde to Cabardo, who then confronted and shot Remonde when he tried to escape. The accused testified that he fled after a PC raid on their camp two days later, eventually surrendering in 1975. The trial court convicted him of murder and sentenced him to reclusion perpetua.
ISSUE
The core issue is whether the trial court erred in convicting the accused based on the victim’s dying declaration and in rejecting the accused’s defense.
RULING
The Supreme Court affirmed the conviction. The Court held that the victim’s statement, though not a formal dying declaration due to his expressed uncertainty about death, retained significant probative value as part of the res gestae. It was made spontaneously shortly after the shooting while the victim was in a startling event, describing its cause. The Court found the identification of the accused as the shooter to be credible and consistent.
The accused’s defense was deemed inherently unbelievable. His claim that the victim was shot by Cabardo while trying to flee was contradicted by the physical evidence. The victim had a single gunshot wound to the abdomen, indicating a frontal shot, which was incompatible with a scenario of fleeing while his hands were tied behind his back. The Court concluded that the accused fabricated his story, taking advantage of Cabardo’s death to shift blame. The manner of the attack—shooting the victim while his hands were tied—constituted treachery, qualifying the killing as murder. The indemnity was increased to P30,000.00.