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  • Ivler v. San Pedro Case Digest

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    kent kintanar
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    Petitioner Jason Ivler was charged with two offenses stemming from a 2004 vehicular collision - reckless imprudence resulting in slight physical injuries for injuries to respondent Evangeline Ponce, and reckless imprudence resulting in homicide and damage to property for the death of respondent Ponce's husband and damage to their vehicle. Petitioner argued this placed him in double jeopardy for the same offense. The court ruled that reckless imprudence constitutes a single crime, and the consequences on persons and property only determine the penalty, not separate crimes, so further prosecution in the second case would violate double jeopardy protections.

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    Petitioner Jason Ivler was charged with two offenses stemming from a 2004 vehicular collision - reckless imprudence resulting in slight physical injuries for injuries to respondent Evangeline Ponce, and reckless imprudence resulting in homicide and damage to property for the death of respondent Ponce's husband and damage to their vehicle. Petitioner argued this placed him in double jeopardy for the same offense. The court ruled that reckless imprudence constitutes a single crime, and the consequences on persons and property only determine the penalty, not separate crimes, so further prosecution in the second case would violate double jeopardy protections.

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    © All Rights Reserved
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    161 views2 pages

    Ivler v. San Pedro Case Digest

    Uploaded by

    kent kintanar
    Petitioner Jason Ivler was charged with two offenses stemming from a 2004 vehicular collision - reckless imprudence resulting in slight physical injuries for injuries to respondent Evangeline Ponce, and reckless imprudence resulting in homicide and damage to property for the death of respondent Ponce's husband and damage to their vehicle. Petitioner argued this placed him in double jeopardy for the same offense. The court ruled that reckless imprudence constitutes a single crime, and the consequences on persons and property only determine the penalty, not separate crimes, so further prosecution in the second case would violate double jeopardy protections.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    JASON IVLER Y AGUILAR v. MARIA ROWENA MODESTO- SAN PEDRO, GR No.

    172716, 2010-11-17

    Facts:

    Following a vehicular collision in August 2004, petitioner Jason Ivler (petitioner) was charged
    before the Metropolitan Trial Court of Pasig City, Branch 71 (MeTC), with two separate
    offenses: (1) Reckless Imprudence Resulting in Slight Physical Injuries (Criminal Case No.

    16831. for injuries sustained by respondent Evangeline L. Ponce (respondent Ponce); and
    (2) Reckless Imprudence Resulting in Homicide and Damage to Property (Criminal Case
    No. 82366) for the death of respondent Ponce's husband Nestor C. Ponce and damage to
    the spouses Ponce's... vehicle. Petitioner posted bail for his temporary release in both
    cases.

    Invoking this conviction, petitioner moved to quash the Information in Criminal Case No. 82366
    for placing him in jeopardy of second... punishment for the same offense of reckless imprudence.

    The MeTC refused quashal, finding no identity of offenses in the two cases.

    After unsuccessfully seeking reconsideration, petitioner elevated the matter to the Regional Trial
    Court of Pasig City, Branch 157 (RTC), in a petition for certiorari (S.C.A. No. 2803).
    Meanwhile, petitioner sought from the MeTC the suspension of proceedings in Criminal Case
    No.

    82366, including the arraignment on 17 May 2005, invoking S.C.A. No. 2803 as a prejudicial
    question. Without acting on petitioner's motion, the MeTC proceeded with the arraignment and,
    because of petitioner's absence, cancelled his bail and ordered his arrest.[4] Seven days later, the
    MeTC issued a resolution denying petitioner's motion to suspend proceedings and postponing his
    arraignment until after his arrest.[5] Petitioner sought reconsideration but as of the filing of this
    petition, the motion... remained unresolved.

    whether petitioner's... constitutional right under the Double Jeopardy Clause bars further
    proceedings in Criminal Case No. 82366

    Issues:

    whether petitioner's... constitutional right under the Double Jeopardy Clause bars further
    proceedings in Criminal Case No. 82366

    Ruling:

    Reason and precedent both coincide in that once convicted or acquitted of a specific act of
    reckless imprudence, the accused may not be prosecuted again for that same act. For the essence
    of the quasi offense of criminal negligence under article 365 of the Revised
    Penal Code lies in the execution of an imprudent or negligent act that, if intentionally done,
    would be punishable as a felony. The law penalizes thus the negligent or careless act, not the
    result thereof. The gravity of the consequence is only taken into account to determine... the
    penalty, it does not qualify the substance of the offense. And, as the careless act is single,
    whether the injurious result should affect one person or several persons, the offense (criminal
    negligence) remains one and the same, and can not be split into different crimes... and
    prosecution... s.[

    Principles:

    Reckless Imprudence is a Single Crime,... its Consequences on Persons and

    Property are Material Only to Determine... the Penalty

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