This case has been cited 2 times or more.
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2015-01-21 |
PERLAS-BERNABE, J. |
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| Nonetheless, while the CA and the RTC concurred that the proximate cause of the collision was Rogelio's reckless driving, the CA Decision made no mention as to the presence or absence of the limiting element in the last paragraph of Article 365 of the RPC, which imposes the penalty next higher in degree upon the offender who "fails to lend on the spot to the injured parties such help as may be in his hands to give." Based on case law, the obligation under this paragraph: (a) is dependent on the means in the hands of the offender, i.e., the type and degree of assistance that he/she, at the time and place of the incident, is capable of giving; and (b) requires adequate proof.[45] | |||||
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2004-02-23 |
YNARES-SANTIAGO, J. |
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| The imposable penalty, under Art. 365 (2)[11] of the Revised Penal Code, homicide resulting from reckless imprudence in the use of motor vehicle is prision correccional in its medium and maximum periods, which ranges from two (2) years, four (4) months and one (1) day to six (6) years. Under Article 65 of the Revised Penal Code, the penalty shall be divided into three equal portions of time, each of which shall form one period. There being no aggravating or mitigating circumstance, the proper penalty shall be within the medium period, which is three (3) years, six (6) months and twenty-one (21) days to four (4) years, nine (9) months and ten (10) days. Applying the provisions of the Indeterminate Sentence Law, appellant is entitled to a minimum term to be taken from the penalty next lower in degree, which is arresto mayor, maximum to prision correccional, minimum. Accordingly, appellant should be sentenced to an indeterminate penalty of four (4) months and one (1) day of arresto mayor, as minimum, to four (4) years and two (2) months of prision correccional, as maximum.[12] | |||||