This case has been cited 5 times or more.
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2009-04-07 |
TINGA, J. |
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| At around 12:00 noon on 25 October 2001, petitioner was driving his passenger jeepney along a two-lane road where the Laguindingan National High School is located toward the direction of Moog in Misamis Oriental. His jeepney was filled to seating capacity.[5] At the time several students were coming out of the school premises.[6] Meanwhile, a fourteen year-old student, Michael Dayata (Dayata), was seen by eyewitness Artman Bongolto (Bongolto) sitting near a store on the left side of the road. From where he was at the left side of the road, Dayata raised his left hand to flag down petitioner's jeepney[7] which was traveling on the right lane of the road.[8] However, neither did petitioner nor the conductor, Dennis Mellalos (Mellalos), saw anybody flagging down the jeepney to ride at that point.[9] | |||||
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2009-01-29 |
TINGA, J. |
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| The offense with which petitioner was charged is reckless imprudence resulting in homicide, less serious physical injuries and damage to property, a complex crime. Where a reckless, imprudent, or negligent act results in two or more grave or less grave felonies, a complex crime is committed.[24] Article 48 of the Revised Penal Code provides that when the single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period. Since Article 48 speaks of felonies, it is applicable to crimes through negligence in view of the definition of felonies in Article 3 as "acts or omissions punishable by law" committed either by means of deceit (dolo) or fault (culpa).[25] Thus, the penalty imposable upon petitioner, were he to be found guilty, is prision correccional in its medium period (2 years, 4 months and 1 day to 4 years) and maximum period (4 years, 2 months and 1 day to 6 years). | |||||
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2005-08-22 |
CALLEJO, SR., J. |
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| The test for determining whether a person is negligent in doing an act whereby injury or damage results to the person or property of another is this: could a prudent man, in the position of the person to whom negligence is attributed, foresee harm to the person injured as a reasonable consequence of the course actually pursued? If so, the law imposes a duty on the actor to refrain from that course or to take precautions to guard against its mischievous results, and the failure to do so constitutes negligence. Reasonable foresight of harm, followed by the ignoring of the admonition born of this provision, is always necessary before negligence can be held to exist.[35] | |||||
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2004-02-23 |
YNARES-SANTIAGO, J. |
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| In view of the gravity of the offense involved, the trial court should have been more circumspect in weighing the evidence of both parties. Our own evaluation of the evidence reveals that appellant had no intention to kill the victim. As such, he cannot be held liable for an intentional felony. All reasonable doubt intended to demonstrate negligence, and not criminal intent, must be resolved in favor of appellant.[6] | |||||
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2003-10-01 |
YNARES-SANTIAGO, J. |
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| When he ignored the weather report notwithstanding reasonable foresight of harm, Capt. Jusep showed an inexcusable lack of care and caution which an ordinary prudent person would have observed in the same situation.[25] Had he moved the vessel earlier, he could have had greater chances of finding a space at the North Harbor considering that the Navotas Port where they docked was very near North Harbor.[26] Even if the latter was already congested, he would still have time to seek refuge in other ports. | |||||