VS. ORLANDO PALLARCO, ACCUSED-.

Ruling

WHEREFORE, finding accused Orlando Pallarco guilty beyond reasonable doubt of murder qualified by treachery, without other modifying circumstances, this Court sentences him to reclusion perpetua and orders him to pay the heirs of Jesus Jerusalem death indemnity of P 50.000.00. With costs against accused. [5] Hence, this appeal. [6] The Facts Version of the Prosecution The prosecution presented as witnesses (1) Apolonio Enomar Jr. [7] and (2) Diogenes [8] Salazar, [9] eyewitnesses who were with the victim at the time of the assault; and (3) Mrs. Evangelista Jerusalem, [10] the widow. [11] The antecedent facts, as summarized by the trial court and adopted by the solicitor general in the Appellees Brief, [12] are reproduced hereunder: 2. Apolonio Enomar, Jr. - eyewitness, declared that on July 30, 1993 at 8:00 p.m., he was at home in Pan-ay, Clarin, Mis. Occ. with Diogenes Salazar and the victim Jesus Jerusalem, drinking beer in the kitchen; suddenly accused appeared at the door and shot Jerusalem three times on the head with a revolver, hitting him at the nape; victim had his back to accused; victim died; accused has been [his] neighbor for 10 years. 3. Diogenes Salazar, eyewitness, declared that on July 30, 1993, he was at the house of Apolonio Enomar Jr. drinking beer with victim Jesus Jerusalem in the kitchen; the victim was shot by the accused who has been his friend and neighbor for 20 years; he saw accused shoot the victim - he was just one meter away; accused just came in through the kitchen door and shot the victim on the head with a short firearm; he fired three shots and ran away; there was a gas lamp in the kitchen; on cross, he admitted that he executed an affidavit to the effect that he did not know the assailant; that he complained to Atty. Alegria Cariño that his affidavit was not correct[,] so upon advice, he executed another affidavit before Pros. Daomilas in Ozamis City to the effect that he knows the assailant. [4]. Evangelista Jerusalem, widow of the victim, declared that Apolonio Enomar Jr. told her at the wake of her husband that he and Diogenes Salazar witnessed the shooting of her husband so she went to Diogenes[] house to ask him to testify; accused and her husband Jesus Jerusalem had an earlier altercation at the weekly barangay market caused by accuseds failure to pay her husbands winnings in a cockfight. [13] Version of the Defense Setting up alibi and denial, the defense presented 1) Vicente Siao, [14] barangay captain of Pan-ay where the killing took place; (2) Jose Roque, [15] who was allegedly with the appellant in a drinking spree at the time of the incident; and (3) appellant himself. [16] Appellant presented in his Brief [17] his own version of the facts, as follows: x x x [I]n the afternoon of July 30, 1993, accused-appellant was selling his tomato harvest in the market place of Pan-ay, Clarin, Misamis Occidental, when he met Jose Roque, an acquaintance. Roque invited Pallarco to his house because he will