This case has been cited 5 times or more.
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2014-07-07 |
BERSAMIN, J. |
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| "Reckless imprudence consists in voluntary, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place."[9] To constitute the offense of reckless driving, the act must be something more than a mere negligence in the operation of the motor vehicle, but a willful and wanton disregard of the consequences is required.[10] The Prosecution must further show the direct causal connection between the negligence and the injuries or damages complained of. In Manzanares v. People,[11] the petitioner was found guilty of reckless imprudence resulting in multiple homicide and serious physical injuries because of the finding that he had driven the Isuzu truck very fast before it smashed into a jeepney. In Pangonorom v. People,[12] a public utility driver driving his vehicle very fast was held criminally negligent because he had not slowed down to avoid hitting a swerving car. In the absence of any cogent reasons, therefore, the Court bows to the CA's observations that the petitioner had driven his pick-up truck at a fast speed in order to overtake the jeep of Ferdinand, and in so attempting to overtake unavoidably hit Ferdinand, causing the latter's injuries. | |||||
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2012-06-13 |
SERENO, J. |
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| Findings of fact of the CA, when they affirm those of the trial court, are binding on this Court, unless the findings of the trial and the appellate courts are palpably unsupported by the evidence on record, or unless the judgment itself is based on a misapprehension of facts.[12] | |||||
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2009-04-07 |
TINGA, J. |
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| In Manzanares v. People,[28] this Court convicted petitioner of the crime of reckless imprudence resulting in multiple homicide and serious physical injuries when he was found driving the Isuzu truck very fast before it smashed into a jeepney.[29] Likewise, in Pangonorom v. People,[30] a public utility driver, who was driving very fast, failed to slow down and hit a swerving car. He was found negligent by this Court. | |||||
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2007-06-26 |
AUSTRIA-MARTINEZ, J. |
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| The non-presentation of the doctor to testify on the nature of the wounds, while not raised as an issue in the RTC, does not bar the petitioner from raising it on appeal. It is a well-settled rule that an appeal in a criminal case throws the whole case wide open for review and the reviewing tribunal can correct errors, though unassigned in the appealed judgment, or even reverse the trial court's decision on the basis of grounds other than those that the parties raised as errors.[19] | |||||
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2006-04-26 |
QUISUMBING, J. |
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| Petitioner's arguments raise issues on factual matters, thereby entailing a review of the credibility of witnesses and their testimonies. However, these matters are improper in a petition for review under Rule 45 of the Rules of Court. As a rule, only questions of law should be raised in a petition for review under Rule 45.[29] Findings of fact of the Court of Appeals affirming those of the trial court bind this Court, unless the findings of the trial and appellate courts are palpably unsupported by the evidence on record or unless the judgment itself is based on misapprehension of facts.[30] | |||||