People v. Padal


People v. Padal

G.R. No. 232070

October 2, 2019


                Eric Bogayong, Ezzer Francisco, Ron Calapre, Albert Tancontian, Allan Cordero and victim Ragnel Laguardia were singing the videoke at the Land Transportation Terminal, Ecoland, Davao City. They finished late. On their way home 4 persons on board a motor approached them. After an hour, all 4 men ran after Albert, Ron, Ezzer and Ragnel. When appellant Romeo caught up with Ragnel, the former pulled the latter’s hair, causing Ragnel to fall. Before Ragnel could even stand up, Romeo kicked and stabbed him 4 times with a sharp pointed metal. Eric and Allan were unable to run to the rescue of Ragnel because Reynan and 2 of his companions were blocking the area. Reynan even fired a sumpack, causng them all to flee.


                Whether or not CA erred in affirming the RTC


                No. Murder requires the following elements: 1.) a person was killed 2.) the accused killed him or her 3.) the killing was attended by any of the qualifying circumstances 4.) the killing is not parricide or infanticide. There is no question here as for the presence of the first and fourth elements. Ragnel was killed and appellants had no relation to the victim that could have otherwise resulted in the crime of parricide or infanticide.

                Here, appellants have shown that they acted in concert to achieve one common purpose: to assault the victim, thus: 1.) Appellants and their 2 companions arrived at the scene together on board a motorcycle 2.) while Romeo kicked and stabbed the victim, Reynan and the others blocked the friends of the victim from approaching and aiding him 3.) after Romeo had stabbed the victim, he and his companions all fled together. Indubitably, their individual and collective actions – before, during, and after the commission of the crime indicated a joint purpose, concerted action, and concurrence of sentiments to finish off the victim. Each one, therefore, is equally liable for the victim’s slaying.


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