Case Digest (G.R. No. L-23727)
Facts:
Antonio A. Lamera v. The Honorable Court of Appeals and The People of the Philippines, G.R. No. 93475, June 05, 1991, Supreme Court Third Division, Davide, Jr., J., writing for the Court.At about 8:30 p.m. on 14 March 1985 along Urbano Street, Pasig, an owner-type jeep driven by petitioner allegedly struck a Suzuki motorized tricycle driven by Ernesto Reyes, causing damage to the tricycle and injuries to Reyes and passenger Paulino Gonzal. Two separate informations arose from the same incident. An Information for reckless imprudence resulting in damage to property with multiple physical injuries (Article 365, Revised Penal Code) was filed on 10 September 1985 with the Regional Trial Court (RTC) of Pasig, Branch 68, docketed as Criminal Case No. 64294.
A second Information charging abandonment of one’s victim (paragraph 2, Article 275, Revised Penal Code) was filed on 14 November 1985 with the Metropolitan Trial Court (MTC) of Pasig, Branch 71, docketed as Criminal Case No. 2793. The MTC rendered judgment on 29 June 1987 convicting petitioner of abandonment and sentenced him to six months arresto mayor. Petitioner appealed to the RTC of Pasig (Criminal Case No. 70648), which on 31 July 1989 affirmed with modification, reducing the imprisonment to two months.
Petitioner then filed a petition for review with the Court of Appeals (C.A.-G.R. CR No. 07351) on 31 August 1989. The Court of Appeals dismissed the petition in a decision promulgated 9 November 1989, and denied reconsideration on 17 May 1990. Notably, petitioner’s arraignment in RTC Criminal Case No. 64294 for Article 365 occurre...(Subscriber-Only)
Issues:
- Does prosecution for negligence under Article 365 of the Revised Penal Code bar a subsequent prosecution for abandonment under Article 275, paragraph 2 of the Revised Penal Code (i.e., does double je...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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