GR 56481; (July, 1989) (Digest)
G.R. No. 56481 July 21, 1989
ANTONIO SORIAO, petitioner, vs. COURT OF APPEALS AND THE PEOPLE OF THE PHILIPPINES, respondents.
FACTS
Petitioner Antonio Soriao was charged with multiple homicide and damage to property through reckless imprudence. The information alleged that on January 10, 1978, Soriao, as a person-in-charge and operator of the motor boat “Sweet Lord,” overloaded it with passengers and cargo. He then ordered the boat to resume its voyage from Dinadiawan despite rough sea conditions and over the objection of the employed captain, Domingo Zamora. Consequently, the boat capsized, causing the deaths of numerous passengers and the loss of their properties. The case proceeded against Soriao alone as Zamora remained at-large. The trial court found Soriao guilty and sentenced him to an indeterminate penalty. The Court of Appeals affirmed this decision.
ISSUE
The core issue is whether the Court of Appeals correctly affirmed the trial court’s finding of guilt and the penalty imposed for the complex crime of multiple homicide with damage to property through reckless imprudence.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found the factual findings of the lower courts conclusive, demonstrating that Soriao’s reckless imprudence was the proximate cause of the tragedy. His act of ordering the overloaded boat to sail into rough seas over the captain’s objection constituted gross negligence. On the proper penalty, the Court clarified the application of Article 365 of the Revised Penal Code in relation to Article 48 for complex crimes. The offense is a single act of imprudence resulting in multiple homicides and damage to property. The penalty is based on the most serious offense, which is multiple homicide, and is increased by one degree. The prescribed penalty is prision correccional in its medium period. Applying the Indeterminate Sentence Law, the minimum term is taken from the penalty next lower in degree, which is prision correccional minimum. The Court thus imposed an indeterminate sentence of two years and four months of prision correccional minimum, as minimum, to four years and two months of prision correccional medium, as maximum. The civil indemnities awarded by the trial court were sustained.