Jason Ivler vs Honorable Maria Rowena Modesto-San Pedro
G.R. No. 172716 November 10, 2010
J. Carpio
Facts: Sometime in August of 2004, petitioner Ivler encountered a vehicular collision where he was charged before the Metropolitan Trial Court of Pasig City two offenses – 1. Reckless imprudence resulting to homicide and damage to property; and 2. Reckless imprudence resulting to slight physical injuries which was scheduled for arraignment on different dates, the latter earlier than the former. On 7 September 2004, petitioner pleaded guilty to the charge in Criminal Case No. 82367 and was meted out the penalty of public censure. Invoking this conviction, petitioner moved to quash the Information in Criminal Case No. 82366 for placing him in jeopardy of second punishment for the same offense of reckless imprudence which quashal was refused by the Honorable trial court.
Issue: Whether the conviction on the first offense of a lesser penalty constitutes double jeopardy on the other.
Held: Yes. Reason and precedent both coincide in that once convicted or acquitted of a specific act of reckless imprudence, the accused may not be prosecuted again for that same act. For the essence of the quasi offense of criminal negligence under article 365 of the Revised Penal Code lies in the execution of an imprudent or negligent act that, if intentionally done, would be punishable as a felony. The law penalizes thus the negligent or careless act, not the result thereof. The gravity of the consequence is only taken into account to determine the penalty, it does not qualify the substance of the offense. And, as the careless act is single, whether the injurious result should affect one person or several persons, the offense (criminal negligence) remains one and the same, and can not be split into different crimes and prosecutions.
Prosecutions under Article 365 should proceed from a single charge regardless of the number or severity of the consequences. In imposing penalties, the judge will do no more than apply the penalties under Article 365 for each consequence alleged and proven. In short, there shall be no splitting of charges under Article 365, and only one information shall be filed in the same first level court.
Black n white 