Republic of the Philippines

National Prosecution Service

OFFICE OF THE PROVINCIAL PROSECUTOR
San Pedro City

PEDRO BUHAY
Complainant

-versus- IS No. 123456

For Reckless
Imprudence Resulting
To serious Physical
Injury to Damage to
property
JUANCHO MAHUSAY
Respondent.
x-------------------------------x

RESOLUTION

The Respondent, Juanco Mahusay, was charged of the crime of

RECKLESS IMPRUDENCE RESULTING TO SERIOUS PHYSICAL
INJURY AND DAMAGE TO PROPERTY in the complaint filed by Pedro
Buhay.

Statement of Facts
That or about 11:00 P.M of the 10th day of June 2010, in San Pedro
City, Philippines, while the said complainant was driving his bearing a plate
no. ABC-123 along #12 primera st. San Pedro , Laguna, and while
particularly near the house of Mr. Buhay, He was bumped of car bearing
with plate no. WXY-789 along Primera St., San Pedro Laguna , and that
the gate of the owner were opened .That as the complainant was travelling
towards the said road, while already established his position and almost
passing the said gate when suddenly the driver of the said vehicle opened his
gate and hit the complainant’s vehicle.

The victim also provide his medical certificate of the incident. “As further
consequence due to the strong impact, I suffered bodily injuries which
required medical attendance for a period of 25 days, from , and
incurred the amount of P53,000.00 as hospitalization expense.
Furthermore, I was advised by my attending physician, Dr. Samsong to
undergo operation on my right shoulder which would cost between
P85,000.00 to P100,000.00, and not to mention the fact that I have become
incapacitated from performing my customary labor since the accident”
from the statement of victim.

The company of honda give statement about the cost of damage from
the collision of two cars the releasor hereby releasee from all liability for
claims, known and unknown, arising from property damage sustained by
Releasor in an accident that occurred on June 10, 2010 at 11:00 PM
involving a vehicle owned by Releasee or driven by Releasee or Releasee's
agent. Releasor understands that, as to claims that are known to the parties
when the release is signed, any statutory provisions that would otherwise
apply to limit this general release are hereby waived. Releasor also
understands that this release extends to claims arising out of this incident
that are not known by Releasor at the time this release is signed. By
providing the value described in Section V, admit any liability or
responsibility for the accident described in Section II or its consequences.
The amount of car for repairing is Php. 500,000,006.

According the statement of the witness I saw the car heading on the
Primera st. The car was so fast and the car was going to bump the car of
Mr. Pedro Buhay. The car of my boss is bump the gate of his house because
of the strong impact when the other car collide. Mr. Buhay suffered bodily
injuries.I call to the police officer to rescue and see what happen in the
collision of two car and the ambulance came a few minute to give first aid
of Mr. buhay. And he brought to the nearest hospital After the incident I
saw the driver of gray honda CVR car bearing with plate number. WXY
789 inside his car he was drunk and his faces was red. There willfully,
unlawfully and feloniously drive, manage and operate the same in a
reckless, careless, negligent and imprudent manner, without regard to
traffic laws, rules and regulations and without taking the necessary care and
precaution to avoid damage to property , causing by such negligence,
carelessness and imprudence the said vehicle to bump/collide that
cause of incident .

That the investigators of San Pedro City Station arrived

and investigated the incident and the complainant and the respondent were
invited at Police Station for questioning and investigation. In the
recommendation by the investigating officer PO2 Robert P. Arapoc and
signed by SPO4 LEO BERNADEZ SUMA-OY a case of
RECKLESS IMPRUDENCE RESULTING TO SERIOUS PHYSICAL
INJURY AND DAMAGE TOPROPERTY was submitted against
JUANCO MAHUSAY.

There is also the counter affidavit and the statement of the respondent
he said “That the truth of the matter is the gate of the house in front of
PEDRO BUHAY suddenly swung open and blocked the lane that I’m
driving in. That in order to avoid greater injury, I maneuvered the vehicle
away but I was unlucky that I hit the gate of PEDRO BUHAY ’’ He also
denied that he was not drunk while he drive the car. As a support of his
statement he provide the statement of Ms. Riza Olivares that justify that
Mr. Juanco Mahusay is not influence of alcohol while he drive because he
sent Ms. Olivares to her house.

According to Ms. Riza Olivares When they arrived in Primera st. she saw
the car stopping in the middle of the highway without any signal light of his car. And
the gate was blocking in that way. They not faster because I totally said them to
minimize the speed because there was night and they have many motorcycle passing.
The driver shock when there was a car stop in his front and there was a motorcycle in
our side the driver was panic because they did know how to avoid those car at
motorcycle. He decide to bump the car to less incident and less cause of date . the
collision of two car cause of damage of the gate. Is not true that the statement of Mr.
Buhay and Carla Azul that my driver has drunk. Because I never ride my driver when
he was drinking alcohol.

CONTRARY TO LAW.

Upon arraignment, appellant pleaded not guilty. The case was then
tried and, while the prosecution was presenting its first witness, the injured
parties (Pedro Buhay) reserved their right to file separate civil actions for
damages arising from the criminal act. After trial, appellant was found
guilty as charged and sentenced as follows:

WHEREFORE, the Court hereby finds that the guilt of Juanco

Mahusay of the complex crime of double serious physical injuries and
damage to property thru reckless imprudence has been proven beyond
reasonable doubt and there being present no modifying circumstances in
the commission thereof, the accused in accordance with the provisions of
Article 365 in relation to Article 48 of the Revised Penal Code, is hereby
sentenced to pay a fine of P8,000.00 with subsidiary imprisonment in case
of insolvency but not to exceed six (6) months, and to pay the costs. No
pronouncement is herein made regarding the civil liability of the accused
for the reason that the offended parties reserved their right to file separate
civil actions.

Dissatisfied with said judgment of the trial court, appellant appealed

to the Court of Appeals, presenting factual and legal questions, but said
court, on June 15 2010, elevated the case to us, on the ground that the
appeal raises this legal issue. "The trial court erred in assuming jurisdiction
over the subject matter of the offense charged in the information."

Considering that it is the court of first instance that would

undoubtedly have jurisdiction if the only offense that resulted from
appellant's imprudence were the damage to property in the amount of Php.
500,000,006. it would be absurd to hold that for the graver offense of
serious physical injuries combined with damage to property through
reckless imprudence, jurisdiction would lie in the justice of the peace court.
The presumption is against absurdity, and it is the duty of the courts to
interpret the law in such a way as to avoid absurd results.

Moreover, we cannot discard the possibility that the prosecution may not
be able to prove all the supposed offenses constituting the complex crime
charged. Where we to hold that it is the justice of the peace court that has
jurisdiction in this case, if later the prosecution should fail to prove the
physical injuries aspect of the case and establish only the damage to
property in the amount of Php. 500,000,006. the inferior court would find
itself without jurisdiction to impose the fine for the damage to property
committed, since such fine can not be less than the amount of the damage.
Again, it is to avoid this further absurdity that we must hold that the
jurisdiction lies in the court of first instance in this case.

Analyses/Finding and recommendation

 Article 365 of the Revised penal code provides that:

Any person who, by reckless imprudence, shall commit any act

which, had it been intentional, would constitute a grave felony, shall suffer
the penalty of arresto mayor in its maximum period to prision correccional
in its medium period; if it would have constituted a less grave felony, the
penalty of arresto mayor in its minimum and medium periods shall be
imposed; if it would have constituted a light felony, the penalty of arresto
menor in its maximum period shall be imposed.

Article 263 of the Revised penal code provides that:

Serious physical injuries. — Any person who shall wound, beat, or

assault another, shall be guilty of the crime of serious physical injuries and
shall suffer:
1. The penalty of prision mayor, if in consequence of the physical
injuries inflicted, the injured person shall become insane, imbecile,
impotent, or blind;
2. The penalty of prision correccional in its medium and maximum
periods, if in consequence of the physical injuries inflicted, the person
injured shall have lost the use of speech or the power to hear or to smell, or
shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the
use of any such member, or shall have become incapacitated for the work
in which he was therefore habitually engaged;
3. The penalty of prision correccional in its minimum and medium
periods, if in consequence of the physical injuries inflicted, the person
injured shall have become deformed, or shall have lost any other part of his
body, or shall have lost the use thereof, or shall have been ill or
incapacitated for the performance of the work in which he as habitually
engaged for a period of more than ninety days;
4. The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period, if the physical injuries inflicted shall
have caused the illness or incapacity for labor of the injured person for more
than thirty days.chanrobles virtual law library
If the offense shall have been committed against any of the persons
enumerated in Article 246, or with attendance of any of the circumstances
mentioned in Article 248, the case covered by subdivision number 1 of this
Article shall be punished by reclusion temporal in its medium and
maximum periods; the case covered by subdivision number 2 by prision
correccional in its maximum period to prision mayor in its minimum
period; the case covered by subdivision number 3 by prision correccional
in its medium and maximum periods; and the case covered by subdivision
number 4 by prision correccional in its minimum and medium periods.
The provisions of the preceding paragraph shall not be applicable to
a parent who shall inflict physical injuries upon his child by excessive
chastisement.
 JOSE E. SALAS
Assistant Provincial Prosecutor