People v. Padal
G.R. No. 232070
October 2, 2019
FACTS:
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.
ISSUE:
Whether
or not CA erred in affirming the RTC
HELD:
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.
