People v Odencio | G.R. No. L-31961 | Jan. 9, 1979 | Aquino, J.

Petitioner/s: THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee

Respondent/s: FLORENCIO ODENCIO and GUIAMELON MAMA, accused-appellants.

SUMMARY: Talib was shot in his house by Odencia and Guiamelon. His wife was present, as well as 2 other witnesses in
the vicinity who saw the assailants in the area. The Patrolman who took his dying declaration testified on such but the
declaration wasn’t signed due to Talib’s injuries. CFI Convicted the assailants of murder. SC Affirmed the decision. [SEE
LAST BULLET POINT FOR DOCTRINE)

TOPIC: Exclusions to Hearsay Evidence - Dying Declaration

FACTS:
 June 29 1968 – at 7PM, Prowa Talib (Palua Talib) a 40 y/o farmer was in the yard of his house in Barrio Simsiman,
Pigcawayan, North Cotabato, handing a pot of rice to his wife, Setie Mamalintao, who was near the stairs. He was
hit by a volley of shots
o Setie rushed to her husband’s aid. Looked in the direction where the gunshots came from and saw
Guiamelon Mama holding a gun near a coconut tree six brazas1 away (A/N: these names are so unique
haha)
o She heard another volley of shots, saw Florencio Odencio also holding a gun near another coconut tree
10m away in the yard of Daongan Karaing, her neighbor
o She noticed that Kadir Oranen was nearby, on the ground, around 3 arms-length from Daongan’s house.
Kadir died instantly.
o While comforting her husband, he told her he was going to die. He directed her to remember what
happened. Prior to the incident, Prowa Talib had reported to the barrio captain that Odencio stole his
lumber.
o The assailants fled westward.
 At the time of the incident, Japal Rongot was on his way to Talib’s(victim) house.
o Encountered the 2 assailants, he was well acquainted with both
o Asked Guiamelon what the gunshots were  No reply
o At Talib’s house, he saw Setie crying and holding him in her lap
o She told him what happened and that Guiamelon was the gunman. Also pointed at Kadir’s corpse 2 arms-
length away
 Ngelam Towa (Nilan Tuwa), the neighbor and uncle of Setie, heard the gunshots.
o When he got to Talib’s house, Setie informed him what happened.
o Setie also advised him not to use his flashlight since Guiamelon was still in the vicinity
o Told Towa that Odencio had shot Kadir as well.
o While on the way to get assistance from his father-in-law, his flashlight spotted the 2 assailants leaving
the scene of the crime
 Police arrived at the house where Setie informed them that Guiamelon was the gunwielder
o Talib was brought to a medical clinic and interrogated by Patrolman Sanada who was told by the victim
that his assailants were Guiamelon, Florencio Odencio and his father, Joseph Odencio
o He was not able to sign his dying declaration as taken down by Patrolman Sanada
o Died the following day at the hospital
 UNSIGNED DECLARATION: Talib revealed…
o Florencio Odencio suspected he and Kadir had masterminded the theft of Joseph Odencio’s 2 carabaos
o Guiamelon suspected Talib of having stolen the Carabao of Damiog, his father-in-law(Guiamelon)
o Also stated he wanted to sign the declaration but couldn’t because of the wound in his arm
 Also stated he believed he was going to die because he couldn’t breathe and the wound was
painful

1
1 metre is equal to 0.59880239520958 braza[Spain].
  July 1 1968 – Sanada executed an affidavit reciting the circumstances surrounding the taking of the unsigned
antemortem statement  He also testified in court about the dying declaration
o Same day: complaint for double murder filed against Guiamelon and the 2 Odencios, Angelico Aposaga
(Florencio’s father-in-law)
 AUTOPSY: Talib sustained 8 gunshot wounds in the back
o No autopsy on Kadir Oranen who was noted to have died at the scene of the crime
 TC: guilty of two separate crimes of murder, sentencing each of them to two reclusion perpetuas, and ordering
them to pay P12,000 to the heirs of Prowa Talib and P12,000 to the heirs of Kadir Oranen
o Acquitted the rest

ISSUE + RULING:
 DEFENSE:
o Florencio: denied that he shot Talib as well as the misunderstanding cited. Said he was in his house when
the shooting happened and he was arrested the next day. He was only implicated because he did not
support Mayor Doruelo, the incumbent mayor and voted instead for Estanol, the LP candidate. 
Corroborated by his wife and brother-in-law, Antonio Cesar
o Guiamelon: Was at home when the shooting happened. Also denied any misunderstanding. Said he was
arrested while attending Talib’s funeral and only met Florencio Odencio in jail.
o Presented Samuel Jubilam Constabulary Sergeant: Said he was present when Patrolman Sanada
interrogated Talib who said he was not able to recognize his assailants because it was dark
 COURT: contention of appellants' counsel de oficio that they had not been sufficiently Identified as the killers
cannot be sustained.
o TC: there "was a good amount of lighting in the yard of Prowa Talib because he was preparing" supper
when he was shot and that Setie was able to recognize the accused because she had been acquainted
with them for a long time.
o In the dying declaration of Talib, they were clearly identified as the assailants
o 2 witnesses (Rongot and Towa) also saw the assailants in the vicinity
 RE: Guiamelon and Odencio conspired
o Guiamelon and Odencio were seen pacing back and forth near Talib's house on the day of the incident.
They shot the two victims in the same place and almost simultaneously, thus showing a coordination of
efforts and community of design.
o Also proceeded in the same direction after (westward)
o Same motive: to liquidate the victims because the latter allegedly stole the carabaos of the relatives of
the accused.
o No reason for Sanada and Setie to frame them
 RE: Treachery
o There was alevosia because the two malefactors, taking advantage of the cover of night, stationed
themselves in a place where they could shoot the victims with impunity without any risk to themselves or
without exposing themselves to any retaliation since the victims did not expect to be assaulted at that
time and place.
 RE: convicted solely on wife’s testimony
o 2 other witnesses were presented
o Talib’s antemortem statement fortifies her testimony
 Talib's dying declaration was sufficiently proven.
 GR: The rule is that a dying declaration may be oral or written.  If oral, the witness, who heard it, may testify
thereto without the necessity, of course, of reproducing exactly the words of the decedent, if he is able to give
the substance thereof.
o An unsigned dying declaration may be used as a memorandum by the witness who took it down

DISPOSITION:
 trial court's judgment is affirmed