GR 195671; (January, 2015) (Digest)
G.R. No. 195671 ; January 21, 2015
ROGELIO J. GONZAGA, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.
FACTS
On June 25, 1997, Dionesio Inguito, Sr. was driving his motorcycle with his two minor children, Dionesio Jr. and Cherry, along Brgy. Kiara, Don Carlos, Bukidnon. While ascending a curving road on their proper lane, a Toyota Land Cruiser driven by Rogelio J. Gonzaga was swiftly descending from the opposite direction on the same lane. Dionesio, Sr. blew his horn, but the Land Cruiser remained on the wrong side. To avoid collision, Dionesio, Sr. swerved to the left, but the Land Cruiser also swerved left, resulting in a head-on collision. Dionesio, Sr. was pinned beneath the Land Cruiser and later died. His children sustained serious leg injuries, requiring hospitalization for over a month. Rogelio was charged with Reckless Imprudence Resulting to Homicide with Double Serious Physical Injuries and Damage to Property. Rogelio claimed he was on his proper lane and that the motorcycle was zigzagging and racing, causing the collision. He asserted he assisted the victims by using a jack handle to retrieve Dionesio, Sr. and attempting to transport them, but his vehicle had defective brakes.
ISSUE
Whether the Court of Appeals correctly upheld Rogelio J. Gonzaga’s conviction for Reckless Imprudence Resulting to Homicide with Double Serious Physical Injuries and Damage to Property.
RULING
The Supreme Court denied the petition, affirming the conviction. The Court ruled that Rogelio’s act of driving very fast on the wrong side of the road while approaching a curve constituted reckless imprudence, which was the proximate cause of the collision. His excessive speed under the circumstances demonstrated an inexcusable lack of precaution and a conscious indifference to the consequences. The Court found no reason to deviate from the factual findings of the lower courts. The penalty imposed was an indeterminate sentence of four (4) years and two (2) months of prision correccional maximum, as minimum, to eight (8) years and one (1) day of prision mayor medium, as maximum. He was also ordered to pay civil liabilities, including moral damages, medical expenses, burial expenses, compensation for the damaged motorcycle, loss of earning capacity, and attorney’s fees.