G.R. No. L-8815; October 22, 1913
THE UNITED STATES, plaintiff-appellee, vs. NICOLAS APIGO, defendant-appellant.

FACTS

The accused, Nicolas Apigo, was convicted of “reckless negligence” (imprudencia temeraria) by the trial court. The information alleged that on or about March 31, 1912, in Balungao, Pangasinan, he set fire to the straw in his ricefield despite a high wind. The fire spread to cogon grass and then to the house of Pantaleon Tinoria, burning it and its contents, causing damage valued at P60. The trial court sentenced him to one year and one day of prision correccional, applying the minimum of the medium degree of the penalty prescribed by law, having found no aggravating or extenuating circumstances.

ISSUE

Whether the penalty imposed by the trial court is correct, considering the provisions of Article 568 of the Penal Code governing the imposition of penalties for offenses committed by reckless imprudence.

RULING

No, the penalty must be modified. The Supreme Court affirmed the conviction but modified the penalty. Article 568 of the Penal Code prescribes the penalty for reckless imprudence resulting in an act that would constitute a grave felony if intentional, which ranges from arresto mayor in its maximum degree to prision correccional in its minimum degree (4 months and 1 day to 2 years and 4 months). The article further provides that in applying these penalties, courts shall act upon their own discretion without being bound by the rules in Article 81 regarding aggravating and extenuating circumstances. The trial court, having found no such circumstances, mechanically applied the minimum of the medium degree. The Supreme Court, exercising the discretion granted by Article 568, held that under the circumstances of the case, the minimum penalty of four months and one day of arresto mayor, together with the obligation to indemnify the owner (P60), was sufficient. The sentence was modified accordingly.