Rolando Flores and ISABELO RAGUNDIAZ Is Being Charged For The Murder of BILLY CAJUBA Acting in Consipiracy

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PEOPLE V RAGUNDIAZ HELD:

334 SCRA 193 The principals in the commission of a crime are


(1) those who take a direct part in the execution of the act;
Rolando Flores and ISABELO RAGUNDIAZ is being charged for the murder of BILLY (2) those who directly force or induce others to commit it; and
CAJUBA acting in consipiracy. (3) those who cooperate in the commission of the offense by another act without
which it could not have been accomplished.
While admittedly, there is no eyewitness of the killing per se, the Court nonetheless
appreciates the finding of conviction on circumstantial evidence. Based on the testimony of Alberto Castillo, Flores was a mere by stander during the
altercation. Likewise, it is Ragundiaz who boxed Billy Cajuban in the face.
FACTS:
Prosecution witness, Alberto Castillo testified: In his testimony, it cannot be inferred that Flores took part in the execution of the
 He saw Isabelo Ragundiaz having an altercation with the deceased Billy crime, forced or induced others to commit it. The only participation of accused-
Cajuban appellant Flores was that he allegedly helped in dragging the victim to the taxicab and
 Isabela boxed Billy and poked a gun, dragged him and and boarded a taxi (El that he allegedly drove the taxicab away from the basketball court.
Salvador) driven by co accused Rogelio Flores.
In the instant case, there was no adequate proof presented that accused-appellant
Prosecution witness, Lito Salinas testified: Rolando Flores conspired with the other accused to commit the crime of murder.
 While he was on duty on Skyblue beer house he saw both of the accused
entered the beer house with three other men. He noticed the shirt of Flores And independent of these acts of accused-appellant, there appears to be no proof
stained with blood and he has a wound on his left hand. adduced by the prosecution that he was motivated by the same criminal design
 They boarded El Salvador taxi. entertained by his co-accused Isabelo Ragundiaz.

DEFENSE As previously held that the liability of one whose participation in a crime was
Rolando Flores testified: limited to driving for the killers, or one who himself tied the victim's hands and
 He was at his residence at Caloocan, no other statement corroborated this. joined armed men in taking the victim to the hills, is only that of an ACCOMPLICE.
 The distance from his residence at 8th Avenue to the place where he was seen
together with Isabelo Ragundiaz and three (3) others boarded Billy Cajuban
in an El Salvador taxi at 3rd Avenue does not render impossible his
participation in the commission of the crime.
Isabello Ragundiaz:
 He was at his common law wife place of work in Makati thus corroborated
by non other than his common law wife.

Both of the accused contended that both of the witnesses are relatives of Billy. Thus,
the court finds that their testimony inadmissible.

Both accused was found GUILTY for the crime of MURDER

Both filed separate appeal, Rolando Flores raise that the court erred in finding him
guilty as co principal for the crime of murder

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