G.R. No. L-30343 - People vs. Mengote

On the morning of June 25, 1997, at about 6 o'clock, Dionesio Inguito, Sr. (Dionesio, Sr.) was riding his motorcycle along Brgy. Kiara, Don Carlos, Bukidnon, with his two minor children, Dionesio Inguito, Jr. (Dionesio, Jr.) and Cherry Inguito (Cherry), en route to Brgy. Bocboc to bring his children to school.
Rogelio J. Gonzaga (Rogelio) was driving a Toyota Land Cruiser descending the same road from the opposite direction.

The Inguitos were ascending a curving road on their proper right lane. Rogelio was descending swiftly on the opposite lane but remained on the right lane (Rogelio’s side).
Dionesio, Sr. blew his motorcycle horn to signal Rogelio to return to his lane, but Rogelio did not move.
To avoid collision, Dionesio, Sr. swerved left, but the Land Cruiser suddenly swerved to the same direction, resulting in a head-on collision.

As a result, Dionesio, Sr. and his children were thrown off the motorcycle; Dionesio, Sr. was pinned beneath the Land Cruiser.
Cherry and Dionesio, Jr. were thrown over the hood and suffered leg injuries.
Siblings Rolf, Cherry, and Jenny Ann Aquino, encountering the scene riding their motorcycle, stopped to assist and moved the victims to the roadside. Rogelio remained inside the Land Cruiser.
Rolf went for help while his two sisters remained with the victims. He found Kagawad Nerio Dadivas (Kgd. Dadivas), who transported the injured to the hospital with Rolf’s assistance.
Clemencia Inguito, wife of Dionesio, Sr., was informed later.

Victims were brought to the Emergency Hospital of Maramag.
Dionesio, Sr. underwent operations but eventually died.
Dionesio, Jr. and Cherry sustained serious leg injuries; Cherry’s leg was placed in a cast, and both children were confined for over a month.
Medical and burial expenses were borne by Clemencia.

The provincial prosecutor filed an Information charging Rogelio with Reckless Imprudence Resulting to Homicide with Double Serious Physical Injuries and Damage to Property under Article 365 in relation to Article 263 of the Revised Penal Code (RPC), adding the aggravating circumstance of failure to render assistance on the spot.
Rogelio pleaded not guilty and claimed that he was driving properly on his lane but stopped when he saw motorcycles racing from the opposite direction; the motorcycle of Dionesio, Sr. allegedly zigzagged into his lane.
He asserted the collision was unavoidable and that he tried to remove the victims from beneath the vehicle with assistance, then attempted to bring them to the hospital but discovered his vehicle had defective brakes, prompting reliance on others.

The Regional Trial Court (RTC) of Malaybalay City found Rogelio guilty beyond reasonable doubt of Reckless Imprudence Resulting to Homicide with Double Serious Physical Injuries and Damage to Property.
The RTC held that Rogelio’s speeding on the wrong lane was the proximate cause of the accident.
It also found that Rogelio failed to offer assistance to the victims and imposed the penalty next higher in degree.
The RTC sentenced Rogelio to an indeterminate penalty of 4 years and 2 months of prision correccional minimum to 8 years and 1 day of prision mayor medium, plus civil damages for moral damages, medical expenses, funeral costs, damaged property, loss of earning capacity, and attorney’s fees.
Upon reconsideration, the RTC reduced the penalty to 4 months and 1 day of arresto mayor minimum to 4 years and 2 months of prision correccional maximum, concluding insufficient proof that Rogelio failed to offer assistance.

The CA reversed the RTC’s reconsideration, reinstating the original RTC penalty and civil awards.
The CA decision did not address the issue of Rogelio’s attempt to assist the victims or the application of the penalty next higher in degree for failure to render assistance.

Whether the Court of Appeals correctly affirmed the conviction of Rogelio J. Gonzaga for Reckless Imprudence Resulting to Homicide with Double Serious Physical Injuries and Damage to Property.
Whether Rogelio's act of driving on the wrong side of the road at high speed constitutes reckless imprudence as a proximate cause of the accident.
Whether the penalty next higher in degree under the last paragraph of Article 365 of the RPC, for failure to render assistance, properly applies to Rogelio.
The proper imposition and modification of the penalty and civil liabilities arising from the offense.