Mariano vs. People of the Philippines, G.R. No.
178145 July 7, 2014
Facts:
A certain Ferdinand de Leon was driving his owner type jeep along Brgy. Engkanto, Angat
Bulacan, when a Toyota pick-up driven by accused-appellant, Mariano, overtook his jeep and
almost bumped it, causing Ferdinand to overtake the pick-up and block its path and alleged to
have an altercation with the accused-appellant. Mariano claimed to have stayed in his pick-up
car and kept quiet while Ferdinand hurled invectives at him. A certain Luis de Leon, uncle of
Ferdinand who was also driving his owner type jeep, intervened and convinced the two to make
peace with each other and go their own ways, of which the two heeded.
Ferdinand proceeded to drop by his mother’s house in San Roque, Angat to pick up some
items. He parked his jeep in front of the house and was bumped by a moving vehicle throwing
him four meters away and lost his consciousness. The witness identified the moving car as the
same Toyota pick-up car driven by Mariano.
Ferdinand was brought to the Sto. Nino Hospital in Bustos, Bulacan where he stayed for two
and a half days and incurred medical expenses amounting to P 17,800.00. He was thereafter
transferred to St. Luke’s Medical Center in Quezon City and incurred medical expenses
amounting to a total of P 90,602.73. Ferdinand suffered multiple facial injuries, a fracture of the
inferior part of the right orbital wall and subdural hemorrhage secondary to severe head trauma
as evidenced by the certification issued by Dr. Cruz of St. Luke’s Medical Center. The victim’s
wife, Urbanita, received an amount of P 50,000 from Mariano by way of financial assistance as
evidenced by receipt.
The RTC convicted Mariano of frustrated homicide and was sentenced to suffer the
indeterminate penalty of three years and four months of Prision Correccional as minimum to six
years and one day of Prision Mayor as maximum. The court also directed the accused-appellant
to pay the victim, Ferdinand, the amount of P 196,043.25 less P50,000 which was already
given, as actual damages, and P100,000 as moral damages and the costs of the suit.
On appeal, the CA modified the felony committed by the petitioner from frustrated homicide to
reckless imprudence resulting to serious physical injuries and sentenced the petitioner to suffer
the indeterminate penalty of two months and one day of arresto mayor, as minimum, to one
year seven months and eleven days of prision correctional, as maximum and to indemnify the
victim in the amount of P 58,402.75 as actual damages and P 10,000 as moral damages.
Issue:
W.O.N Mariano is guilty beyond reasonable doubt of reckless imprudence resulting to serious
physical injuries.
Ruling:
The SC affirms CA’s decision. Petitioner was guilty beyond reasonable doubt of reckless
imprudence resulting to serious physical injuries.
As aptly observed by the court a quo, only a vehicle that is moving beyond the normal rate of
speed and within the control of the driver’s hands could have caused Ferdinand’s injuries. The
very fact of speeding is indicative of imprudent behavior, as a motorist must exercise ordinary
care and drive at a reasonable rate of speed commensurate with the conditions encountered,
which will enable him or her to keep the vehicle under control and avoid injury to others using
the highway.
"A man must use common sense, and exercise due reflection in all his acts; it is his duty to be
cautious, careful, and prudent, if not frominstinct, then through fear of incurring punishment. He
is responsible for such results as anyone might foresee and for acts which no one would have
performed except through culpable abandon. Otherwise his own person, rights and property, all
those of his fellow-beings, would ever be exposed to all manner of danger and injury."
Thus, had Reynaldo not driven his pick-up at a fast speed in overtaking the jeep of Ferdinand,
he could have easily stopped his pick-up or swerved farther to the left side of the road, as there
was no oncoming vehicle, when he saw that Ferdinand alighted from his jeep and lost his
balance, in order to avoid hitting the latter or, at least, minimizing his injuries.
The findings by the CA are controlling on the Court. Indeed, the findings of both lower courts on
the circumstances that had led to the injuries of Ferdinand fully converged except for the RTC’s
conclusion that malicious intent had attended the commission of the offense. Such findings
cannot be disturbed by the Court in this appellate review, for it is a well-settled rule that the
findings of the trial court, especially when affirmed by the CA, are binding and conclusive upon
the Court.
Even so, the CA erred in imposing on the petitioner the penalty for reckless imprudence
resulting in serious physical injuries. The penalty for the offender guilty of reckless imprudence
is based on the gravity of the resulting injuries had his act been intentional. Conformably with
Article 365 of the Revised Penal Code, the proper penalty is arresto mayor in its minimum and
medium periods, which ranges from one to four months. As earlier mentioned, the rules in
Article 64 of the Revised Penal Code are not applicable in reckless imprudence, and
considering further that the maximum term of imprisonment would not exceed one year,
rendering the Indeterminate Sentence Law inapplicable the Court holds that the straight penalty
of two months of arresto mayor was the correct penalty for the petitioner.
The Court agrees with the CA’s modification of the award of actual and moral damages
amounting to ₱58,402.75 and ₱10,000.00, respectively, but with an imposition of 6% per annum
until full payment of the obligation pursuant to Cir. No. 799 s. 2013 issued by the Office of the
Governor of the BSP.
