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Ivler v. San Pedro Case Digest
Ivler v. San Pedro Case Digest
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: