G.R. No. L-44264 - Gan y Yu vs. Court of Appeals

Petitioner Hedy Gan Y Yu was driving a Toyota Crown Sedan along North Bay Boulevard, Tondo, Manila, on the morning of July 4, 1972, at about 8:00 a.m.
Near house no. 694 North Bay Boulevard, there were two vehicles parked on one side of the road: a truck and a jeepney, one behind the other, about two to three meters apart.
As petitioner approached the parked vehicles, an oncoming vehicle was travelling towards her, followed closely by another vehicle attempting to overtake the first by encroaching into petitioner’s lane.
To avoid a head-on collision with the overtaking vehicle, petitioner swerved her car to the right.
In doing so, the front bumper of petitioner’s vehicle struck an old man (Isidoro Casino) who was crossing the boulevard from south to north, pinning him against the rear of the parked jeepney.
The impact forced the jeepney forward into the parked truck, causing damage to all vehicles involved and injuries to the pedestrian.
Isidoro Casino was rushed to Jose Reyes Memorial Hospital but was pronounced dead on arrival.

An information for Homicide through Reckless Imprudence was filed against petitioner. She pleaded not guilty.
Petitioner was granted a re-investigation by the City Fiscal due to an affidavit of desistance by the complainants and lack of eyewitnesses. The trial fiscal moved to dismiss the case, but the motion was not resolved; the prosecution was ordered to present evidence.
After the prosecution rested, petitioner filed a motion to dismiss for insufficiency of evidence, which was denied.
The trial court found petitioner guilty of Homicide through Reckless Imprudence and sentenced her to an indeterminate penalty of four (4) months and one (1) day of arresto mayor as minimum and two (2) years, four (4) months and one (1) day of prision correccional as maximum, and ordered indemnity of P12,000 to the heirs of the victim without subsidiary imprisonment in case of insolvency.
Petitioner appealed to the Court of Appeals, which modified the decision, convicting her only of Homicide through Simple Imprudence with a reduced sentence and the same indemnity amount.
Petitioner filed a further appeal to the Supreme Court seeking reversal of the Court of Appeals’ decision.

Whether petitioner should have applied the brakes or lessened her speed while swerving to the right to avoid hitting the pedestrian, thus justifying conviction for Homicide through Simple Imprudence.
Whether petitioner is guilty of the crime of Homicide through Simple Imprudence based on the circumstances of the incident.
Whether petitioner may be held liable to indemnify the heirs of the victim the sum of P12,000.00.