Case Summary (G.R. No. 141344)
Factual Background
On the evening of December 5, 1992, while walking along the national highway, Loue Boy Borja was hit by a sakbayan that was speeding and attempted to overtake a truck. The vehicle swerved to avoid a collision with an oncoming truck, which resulted in Loue Boy being thrown approximately six meters from the impact. Witness Salmero Payla, who was with Loue Boy, described seeing the driver of the sakbayan, subsequently identified as petitioner Tapdasan, who stopped the vehicle, exited, and then fled the scene after a brief moment.
Charge and Arraignment
An Information was filed against Tapdasan for reckless imprudence resulting in homicide as defined in Article 365 of the Revised Penal Code. The complaint outlined the circumstances surrounding the incident and detailed the injuries sustained by Loue Boy, which ultimately led to his death four days later. Upon arraignment, Tapdasan pleaded not guilty, asserting defenses of denial and alibi.
Trial and Decision of Regional Trial Court
During the trial, Salmero Payla served as a key witness for the prosecution, recounting the event and his identification of Tapdasan as the driver. In contrast, Tapdasan’s alibi claimed he was working at his family’s gasoline station at the time of the incident. The Regional Trial Court found Tapdasan guilty beyond reasonable doubt, sentencing him to an indeterminate term of imprisonment and ordering damages to be paid to Loue Boy's heirs.
Appeal to the Court of Appeals
Aggrieved by the trial court's decision, Tapdasan appealed, contesting the sufficiency of the evidence supporting his identification as the driver and the credibility of the witnesses. He argued that a police lineup for identification was necessary and that the prosecution's evidence did not meet the burden of proof. The appellate court upheld the trial court's ruling, affirming Tapdasan's conviction based on the evidence presented.
Issues Regarding Identification
On appeal, Tapdasan challenged the reliability of Payla's identification of him as the driver, suggesting he could not have seen the incident clearly. However, the court clarified that there is no requirement for a police lineup in every case, and the circumstances of the situation, including the lighting provided by passing vehicles, enabled Payla to make a valid identification. The court also noted that the testimony of a child witness is often deemed credible when they understand the nature of an oath.
Examination of Alibi Defense
Tapdasan’s defense of alibi was scrutinized, with the appellate court noting that it is usually a weak defense. The court emphasized that to establish a credible alibi, a defendant must demonstrate it was physically impossible to be at the scene when the crime occurred. Evidence revealed that the distance and time required for Tapdasan to travel from Lugait to Iligan City did not support his claim of being elsewhere at the time of the incident.
Penalty for the Crime
The court addressed the imposition of a sentence, stating that the appropriate penalty for reckless imprudence resulting in homicide correlates with provisions under Article 365 of the Revised Penal Code. The court affirmed the trial court's decision to impose a penalty since Tapdasan had fai
...continue readingCase Syllabus (G.R. No. 141344)
Case Background
- The case revolves around a petition for review on certiorari aimed at reversing the decision of the Court of Appeals, which upheld the Regional Trial Court's (RTC) ruling in Criminal Case No. 4453.
- Petitioner, Temistocles Tapdasan, Jr., was charged with reckless imprudence resulting in homicide following an incident that occurred on December 5, 1992, in Taguibo, Iligan City.
Incident Details
- At approximately 6:30 PM on December 5, 1992, two boys, twelve-year-old Salmero Payla and nine-year-old Loue Boy Borja, were walking along the national highway.
- A red sakbayan vehicle was observed speeding and attempting to overtake a large truck.
- To avoid a collision with an oncoming cargo truck, the driver swerved to the right shoulder of the road, striking Loue Boy Borja and throwing him approximately six meters away.
- Salmero witnessed the incident and immediately rushed to Loue Boy, who was severely injured and later died four days post-accident.
Identification of the Accused
- Salmero Payla was able to see the driver of the sakbayan clearly due to the headlights of passing vehicles, which facilitated his identification of Temistocles Tapdasan, Jr. as the driver.
- After the collision, the driver and his passengers exited the vehicle briefly before fleeing the scene.
Criminal Charges
- An Information was filed against Tapdasan, detailing the reckless driving that resulted in the death of Loue Boy Borja.
- During the trial, Tapdasan pleaded not guilty and presented an alibi stating he was at a family-owned gasoline station