G.R. No. L-6460 / January 25, 1912
THE UNITED STATES, plaintiff-appellee, vs. FERNANDO AGUSTIN, defendant-appellant.

FACTS

On the morning of January 9, 1910, Fernando Agustin was driving a bull-cart along the Currimao Road toward Paoay. The cart was loaded with passengers and cargo from a recently arrived steamer. The road was crowded with people due to the steamer’s arrival. Despite the crowd, Agustin yelled at his bull to make it run fast. As a result, the cart struck and ran over an elderly pedestrian, Melecio Navarro, who died from his injuries within an hour. Agustin was charged with homicide through reckless negligence.

ISSUE

Whether the defendant, Fernando Agustin, is guilty of the crime of homicide through reckless negligence under Article 568 of the Penal Code.

RULING

Yes, the Supreme Court affirmed the conviction. The Court found that Agustin acted with reckless negligence by exciting his bull to run fast on a crowded road, fully aware of the presence of many pedestrians. While he had no malicious intent to kill, his lack of care and prudence created a foreseeable risk of causing serious harm, which materialized in the death of Navarro. His actions, if done with malice, would have constituted homicide. The penalty imposed by the trial court (one year and one day of prision correccional, with indemnity) was in accordance with law, as Article 568 grants courts discretion in sentencing for this offense. The Court also affirmed the subsidiary imprisonment in case of insolvency for the indemnity.