Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 110 views

    People v. de Joya

    Uploaded by

    livid
    The Supreme Court acquitted the accused Pioquinto de Joya y Cruz of robbery with homicide charges. The sole evidence against him was the dying declaration of the victim Eulalia Diamse, who said "Si Paqui" while holding her grandson's hand before passing away. However, the Court found this statement was incomplete as Eulalia did not have time to fully express what she meant, and the words alone do not constitute a full sentence designating who committed the acts. None of the other circumstantial evidence clearly proved de Joya's guilt beyond reasonable doubt. The Court ruled a dying declaration must be complete in itself to be admissible.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    People v. de Joya

    Uploaded by

    livid
    110 views1 page
    The Supreme Court acquitted the accused Pioquinto de Joya y Cruz of robbery with homicide charges. The sole evidence against him was the dying declaration of the victim Eulalia Diamse, who said "Si Paqui" while holding her grandson's hand before passing away. However, the Court found this statement was incomplete as Eulalia did not have time to fully express what she meant, and the words alone do not constitute a full sentence designating who committed the acts. None of the other circumstantial evidence clearly proved de Joya's guilt beyond reasonable doubt. The Court ruled a dying declaration must be complete in itself to be admissible.

    Original Description:

    erewrwrwerw

    Original Title

    129. People v. de Joya

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Supreme Court acquitted the accused Pioquinto de Joya y Cruz of robbery with homicide charges. The sole evidence against him was the dying declaration of the victim Eulalia Diamse, who said "Si Paqui" while holding her grandson's hand before passing away. However, the Court found this statement was incomplete as Eulalia did not have time to fully express what she meant, and the words alone do not constitute a full sentence designating who committed the acts. None of the other circumstantial evidence clearly proved de Joya's guilt beyond reasonable doubt. The Court ruled a dying declaration must be complete in itself to be admissible.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    110 views1 page

    People v. de Joya

    Uploaded by

    livid
    The Supreme Court acquitted the accused Pioquinto de Joya y Cruz of robbery with homicide charges. The sole evidence against him was the dying declaration of the victim Eulalia Diamse, who said "Si Paqui" while holding her grandson's hand before passing away. However, the Court found this statement was incomplete as Eulalia did not have time to fully express what she meant, and the words alone do not constitute a full sentence designating who committed the acts. None of the other circumstantial evidence clearly proved de Joya's guilt beyond reasonable doubt. The Court ruled a dying declaration must be complete in itself to be admissible.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    People v.

    De Joya o If they had been intended to designate the subject, we must note that
    GR # 75028 | 203 SCRA 343| November 8, 1991 no predicate was uttered by the deceased.
    Petitioner: PEOPLE OF THE PHILIPPINES o If they were designed to designate the object of a verb, we must note
    Respondent: PIOQUINTO DE JOYA y CRUZ that no verb was used by the deceased.
    o The phrase "Si Paqui" must, moreover, be related to the question
    DOCTRINE asked by Alvin: "Apo, Apo, what happened?" Alvin's question was
    A dying declaration to be admissible must be complete in itself. To be complete in itself not: "Apo, Apo, who did this to you?"
    does not mean that the declarant must recite everything that constituted the res gestae o RTC simply assumed that by uttering the words "Si Paqui", the
    of the subject of his statement, but that his statement of any given fact should be a full deceased had intended to name the person who had thrust some
    expression of all that he intended to say as conveying his meaning in respect of such sharp instrument through and through her neck just below her ears.
    fact. Eulalia herself did not say so and we cannot speculate what the rest
    of her communication might have been had death not interrupted her
    FACTS o None of the other circumstantial evidence clearly and necessarily
    1. The facts as summarized by the SolGen, the Sps. Valencia, along with their lead to the conclusion that de Joya robbed and killed Eulalia.
    10-year-old son Alvin, and the wife’s 88-year old mother, Eulalia Diamse, are
    residents of Balagtas, Bulacan. DISPOSITION
    2. When Alvin reached home, he saw his grandmother Eulalia lying down De Joya was aquitted.
    prostrate and drenched with her own blood. He immediately threw his bag and
    ran towards her. Eulalia held his hand and after which said: "Si Paqui". After
    saying these words, she let go of Alvin's hand and passed away.
    3. The circumstantial evidence the prosecution relied on:
    a. A beach walk step-in was found near the victim's body. Eulalia's
    daughter recognized it as footwear she gave de Joya's wife
    b. A Witness saw de Joya in Eulalia’s yard, holding a bicycle and doing
    nothing
    c. Two weeks before the incident, Eulalia and de Joya quarreled
    because de Joya took a bicycle without Eulalia's consent
    d. De Joya only visited once during the 4-day wake of Eulalia.
    4. The accused during his testimony never denied that he is called Paqui. The
    RTC found the accused guilty of robbery with homicide.

    Hence, this petition.

    ISSUE/S
    1. W/N the dying statement of Eulalia, “Si Paqui” was complete in itself.

    RULING & RATIO


    - NO
    o Her declaration was incomplete. She was cut off by death before she
    could convey a complete or sensible communication to her grandson
    The words "Si Paqui" do not constitute by themselves a sensible
    sentence. Those two words could have been intended to designate
    either the subject or a verb.

    Page 1 of 1

    You might also like