G.R. No. 185960 - Icdang vs. Sandiganbayan

On May 29, 2002, Raul Ofracio was driving a tricycle loaded with 46 pieces of lumber in Bibincahan, Sorsogon City, when it collided with a tricycle driven by Roy Ramirez.
The lumber pierced Ramirez’s windshield, causing his instantaneous death and damaging his vehicle.

On June 25, 2002, a complaint for reckless imprudence resulting in homicide with damage to property was filed; the Municipal Trial Court in Cities (MTCC) found probable cause, issued a warrant, and on August 7, 2002, Ofracio pleaded not guilty.
During pre-trial, the parties admitted the date, time, place, identity of the parties, occurrence of the vehicular accident, police investigation, and the competence of the certifying physician.

SPO2 Camelo Murillo (police officer who processed the scene);
Carlos Dayao (bystander who heard the crash but did not see it);
Rosario Ramirez (victim’s mother, testified on burial expenses and filing of the case);
Dr. Larry Garrido (forensic expert validating cause of death as cerebral hemorrhage secondary to skull fracture).

Raul Ofracio (testified to slow driving, heavy cargo, sudden bright light 4–5 m ahead, collision in his lane, flight and subsequent surrender);
Reyden Despuig (passenger, corroborated Ofracio’s account).

June 1, 2011: MTCC convicted Ofracio of reckless imprudence resulting in homicide, sentencing him to an indeterminate penalty (arresto mayor minimum to prision correccional maximum) and ordering P60,950 actual damages, P50,000 civil indemnity, P30,000 moral damages.
The Regional Trial Court (Branch 52) and thereafter the Court of Appeals (CA) both affirmed the conviction, applying the doctrine of last clear chance despite defense arguments on stopping distance and customary load-carrying practice.

Whether the doctrine of last clear chance properly applies to Ofracio’s case.
Whether the prosecution proved beyond reasonable doubt the elements of reckless imprudence resulting in homicide under Article 365 of the Revised Penal Code.