Case Digest (G.R. No. 149725)
Facts:
Oscar Magno, petitioner, v. The People of the Philippines, respondent, G.R. No. 149725, October 23, 2003, Supreme Court Second Division, Callejo, Sr., J., writing for the Court. The case is a Rule 45 petition for review on certiorari seeking reversal of the Court of Appeals decision in CA-G.R. CR No. 22399 which itself reversed the Regional Trial Court (RTC) of Ifugao, Branch 14, in Criminal Case No. 808.On June 4, 1992, Dov Lourenz Dunuan died after suffering multiple injuries. The Information charged Magno with homicide alleging that, with intent to kill, he willfully and unlawfully inflicted physical injuries that directly caused Dov’s death. Magno pleaded not guilty. Prosecution witnesses (notably Buss/Gilbert Baccay) described seeing Magno strangling and striking Dov beside Magno’s Isuzu truck; Dov was later found with blood oozing from his nose and mouth. NBI medico-legal findings by Dr. Ruben Angobung recorded contused abrasions, contusions, hematomas, fractured ribs, internal organ involvement and severe intrathoracic hemorrhage; cause of death was given as traumatic hemorrhagic shock. The family incurred funeral expenses and alleged mental anguish and other damages.
The defense presented a different narrative: Magno’s witnesses (including his daughter Lorraine and neighborhood children) said Dov hid under the parked truck and was subsequently run over when Magno drove off; they denied seeing any strangling or mauling. Police spot reports initially treated the incident as a vehicular accident; some police blotter pages and records were missing or later unavailable. Another expert, Dr. Ronald Bandonill (NBI-CAR), agreed that the neck lesions were not characteristic of strangulation and that many injuries could be compatible with a slow-moving vehicle impact.
The RTC found the prosecution established guilt beyond reasonable doubt and convicted Magno of homicide, sentencing him to reclusion temporal (10 years and one day to 12 years and six months) and ordering indemnities, actual, moral and exemplary damages. Magno appealed to the Court of Appeals, which reversed and instead convicted him of reckless imprudence resulting in homicide (Art. 365, RPC), imposing an indeterminate sentence in prision correccional and reducing the indemnity to P75,000 plus P117,000 actua...(Subscriber-Only)
Issues:
- May an accused charged with homicide (a willful crime) be convicted of the necessarily included offense of reckless imprudence resulting in homicide (a quasi-offense) when the evidence supports the latter?
- Does Magno’s conviction for reckless imprudence resulting in homicide and imposition of an indeterminate penalty deprive him of the right to apply for probation under P.D. No. 968, as amended, o...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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