PEOPLE OF THE PHILIPPINES, appellee, vs. ROGER DEL !R"# $ DOE, appellant. D E ! I S I O N %NRES&SNTIGO, J.' This is an appeal from the decision [1] of the Regional Trial Court of Calaanga! Camarines Sur! "ranch #$! in Criminal Case No% RTC &''($)$! finding appellant Roger Dela Cru* + Doe guilt+ e+ond reasonale dout of the crime of ,urder and sentencing him to suffer the penalt+ of reclusion perpetua! and to indemnif+ the heirs of the -ictim the amounts of ./0!000%00 as ci-il indemnit+ and ./0!000%00 as moral damages! and to pa+ the costs% On Decemer )1! 1''1! an Information for ,urder 2as filed against Roger Dela Cru* + Doe% The Information reads3 That on or about 10:00 oclock in the evening of August 29, 1998 at Bgy. abanbanan, alabanga, a!arines "ur, #hili$$ines, an% &ithin the 'uris%iction of this (onorable ourt, the above)na!e% accuse%, &ith intent to kill, an% &ith treachery, &hile ar!e% &ith a %ea%ly &ea$on ) an ice$ick, %i% then an% there &illfully, unla&fully an% feloniously attack, assault an% stab &ith the sai% &ea$on one, *ark +ester ,esterio "uare-, inflicting u$on the latter one .1/ fatal &oun% on his chest, &hich in'ury he sustaine% cause% his %eath, to the $re'u%ice of his heirs. AT" 01T,A,2 T0 +A3. 425 4ppellant 2as arraigned on 5une $0! )000 and pleaded not guilty% [$] Trial on the merits thereafter ensued% .rosecution 2itness 5oseph Sanche* testified that at 10300 p%m% of 4ugust )'! 1''1! he 2as 2al6ing along "aranga+ Caananan! Calaanga! Camarines Sur together 2ith his friends! ,ar6 7ester Suare* and 8dgar delos Santos! on their 2a+ to2ards "aranga+ Cagsao! Calaanga! Camarines Sur% 9e stopped at a store to u+ a cigarette% Suddenl+! he heard ,ar6 shout that he 2as staed% :hen he loo6ed o-er his shoulder! he sa2 appellant! running a2a+% ,ar6 told him that it 2as appellant 2ho staed him% Sanche* ran to the house of ,ar6&s mother! ,ilagros Suare*! to tell her that ,ar6 had een staed + Roger dela Cru*% Together! he and ,ilagros rushed ,ar6 to the "icol ,edical Center ut he died on the 2a+% ,ilagros testified that she incurred .1!/00%00 for the funeral e;penses! .)!000%00 for the 2a6e and .</0%00 for church rites% Chief Tanod Feli; delos Santos of "aranga+ Caananan! 2ho responded to the staing incident! narrated that he 2as a2a6ened + the shouts of Sanche* that someod+ had een staed% 9e and the other tanods 2ent 2ith Sanche* to the place 2here ,ar6 2as l+ing aout fifteen meters from his residence% 9e sa2 ,ar6&s 2ound on the right side of his chest and ordered someod+ to call the police from the Caananan =aaa+an Center% 9e as6ed ,ar6 2ho staed him! and the latter ans2ered! >Ro(er%? 4fter se-eral da+s! he learned that ,ar6 died% Dr% Daniel @% Tan! 2ho performed the necrops+ on the cada-er! found that the cause of the -ictim&s death 2as h+po-olemic shoc6 secondar+ to mortal sta 2ound% 9e testified that the -ictim sustained a sta 2ound 2hich pierced into the right loe of the li-er! diaphragm! right lung loe and right -entricle of the heart% The 2ound 2as fatal% [A] In his defense! appellant testified that on 4ugust )$! 1''1! he 2ent to ,anila 2ith his friend! Victorio Delfin! to loo6 for a Bo% .rior to that! he 2or6ed as operator of 5"7 ,oile Disco for one 2ee6 efore he left for ,anila% :hen he failed to otain emplo+ment in ,anila! he 2ent to his sister and rother(in( la2&s house at "aranga+ "uc6 8state! 4lfonso! Ca-ite on 4ugust )<! 1''1% 9is mother also sta+ed in his sister&s house% On 4ugust )'! 1''1! he started 2or6ing as a construction 2or6er in Sta% 7ucia! Taga+ta+% The proBect lasted for three 2ee6s% 9e loo6ed for another Bo ut he 2as not ale to find one% :hen appellant learned that a case 2as filed against him! he returned to Caananan! Calaanga! Camarines Sur% On 5une '! )000! he 2as arrested% 9e testified that he 6ne2 the -ictim ,ar6! 2ho 2as his friend% Cenaida dela Cru*! appellant&s mother! and Victorio Delfin corroorated appellant&s testimon+% On Octoer 1$! )001! the trial court rendered its decision! the dispositi-e portion of 2hich states3 3(6,670,6, in vie& of the foregoing, the $rosecution having $roven the guilt of the accuse% beyon% reasonable %oubt, accuse% ,oger %ela ru- y 8oe is hereby convicte% of the cri!e of *ur%er as charge%. (e is sentence% to suffer the $enalty of reclusion perpetua an% to $ay the heirs of *ark +ester "uare- the follo&ing %a!ages: 1. #90,000.00 as civil liability for his %eath: 2. #90,000.00 as !oral %a!ages: an% ;. to $ay the costs. "0 0,86,68. 495 9ence this appeal! ased on the follo2ing assignment of errors3 I T(6 0<,T A =<0 >,A?6+2 6,,68 @1 >@?@1> 7<++ 7A@T( A18 ,68616 T0 T(6 T6"T@*01@6" 07 #,0"6<T@01 3@T16""6" A0"6#( "A1(6B A18 76+@C 86+0" "A1T0". II T(6 0<,T A =<0 >,A?6+2 6,,68 @1 A##,6@AT@1> T(6 =<A+@72@1> @,<*"TA16 07 T,6A(6,2 01 T(6 A""<*#T@01 T(AT @18668 A<"68)A##6++A1T 3A" T(6 016 3(0 "TABB68 T(6 ?@T@*. III T(6 0<,T A =<0 >,A?6+2 6,,68 @1 7@18@1> T(6 A<"68) A##6++A1T ><@+T2 B62018 ,6A"01AB+6 80<BT 07 T(6 ,@*6 07 *<,86,.