Case Summary (G.R. No. 6897)
Background of the Incident
Resume was painting a telephone pole situated approximately two feet into the grass beside a well-maintained part of the highway. The automobile driven by Tayongtong, which could carry up to 35 passengers, was making its third trip and was loaded to full capacity. Witnesses provided conflicting accounts regarding the specifics of the accident, particularly the behavior of the automobile prior to the incident and the positioning of Resume at the time of the collision.
Prosecution's Evidence
The primary witness for the prosecution was Pablo Tayson, who claimed to have witnessed the accident from close proximity. Tayson testified that as Tayongtong's automobile approached, it was moving at a high speed, zigzagging across the road, and ultimately struck Resume, throwing him in the direction of the vehicle. Tayson's credibility was later questioned due to discrepancies in his testimony and the observations from the preliminary investigation, where his account was more consistent with Tayongtong's version.
Defense's Position
Tayongtong and his witnesses provided a differing narrative. He testified that he was driving at a moderate speed of 10 to 15 miles per hour and maintained full control of the vehicle. Tayongtong asserted that Resume attempted to cross the road unexpectedly to avoid dust, misjudging his timing, which ultimately led to the accident. Witnesses for the defense corroborated Tayongtong's claim that the automobile was not being driven recklessly or negligently.
Assessment of Evidence
The court highlighted that Tayson's credibility was undermined due to inconsistencies in his statements regarding how he shielded himself from the dust and how he described the vehicle's movement. Specifically, the prosecution's claims about the vehicle zigzagging and its high speed were deemed unreasonable by the court. On the other hand, the defense presented a rational account that corresponded with common
...continue readingCase Syllabus (G.R. No. 6897)
Case Citation
- 21 Phil. 476
- G.R. No. 6897
- February 15, 1912
Overview of the Case
- The case revolves around the conviction of Policarpio Tayongtong for the crime of homicide by negligence (homicidio por imprudencia temeraria).
- The defendant appealed, arguing that the evidence did not support his conviction.
Facts of the Case
- On January 19, 1911, Severino Resume was engaged in painting telephone poles along a highway between Jaro and Iloilo when he was struck and killed by an automobile driven by the defendant.
- The location of the accident was described as a straight, wide, and well-maintained highway.
- The telephone pole was situated approximately 2 feet from the road, with a footpath between it and the highway.
- The automobile involved was a large passenger vehicle capable of seating 35 individuals, used for transporting passengers between Iloilo and Jaro, and was fully loaded at the time of the accident.
- The incident occurred around 10 AM during the automobile's third trip of the day.
Witness Testimonies
- Pablo Tayson, the primary witness for the prosecution, claimed to have been standing close to the deceased when the accident occurred.
- Tayson testified that he observed the automobile coming from Iloilo