FIRST DIVISION

[G.R. No. 152176. October 1, 2003]

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
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