GR 41036 B; (October, 1934) (Digest)
G.R. No. 41036 -B; October 10, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. JUAN MORENO, defendant-appellant.
FACTS
The defendant-appellant, Juan Moreno, was charged with homicide through reckless negligence. On August 17, 1933, in Meycauayan, Bulacan, while driving an automobile, he allegedly drove recklessly, causing the vehicle to violently strike the railing of a bridge. The collision resulted in injuries to passenger Eulogio Pabalan, who died hours later. The trial court convicted Moreno and sentenced him to prision correccional, indemnity to the heirs, and subsidiary imprisonment in case of insolvency. Moreno appealed, arguing the collision was due to his attempt to avoid the vehicle falling into the river after the deceased allegedly pulled his sleeve, and not due to his negligence.
ISSUE
Whether the trial court erred in finding the defendant guilty of homicide through reckless negligence based on the evidence presented.
RULING
No, the trial court did not err. The Supreme Court affirmed the conviction. The evidence established that the accident resulted from Moreno’s reckless negligence in driving at high speed on a curve approaching the bridge. His claim that the deceased caused the accident by pulling his sleeve was unsupported and improbable, as it was only raised during trial through leading questions and contradicted by his earlier sworn statement. The Court found the testimonies of his companions, who described his fast and crooked driving and their protests, to be credible. The penalty imposed by the trial court was proper under the applicable law ( Act No. 3992 , the Revised Motor Vehicle Law). However, a separate opinion in the decision expressed dissent regarding the imposition of the subsidiary imprisonment for the indemnity, arguing it was not authorized by the special law.
AI Generated by Armztrong.