Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1989 > October 1989 Decisions > G.R. No. 40452 October 12, 1989 - GREGORIO GENOBIAGON v. COURT OF APPEALS, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 40452. October 12, 1989.]

GREGORIO GENOBIAGON, Petitioner, v. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, Respondents.

Mario D. Ortiz for Petitioner.


SYLLABUS


1. EVIDENCE; FACTUAL FINDINGS OF THE TRIAL COURT AND COURT OF APPEALS; BINDING UPON THE SUPREME COURT. — Well-entrenched in our jurisprudence is the rule that findings of fact of the trial court and the Court of Appeals are binding upon us (Bernardo v. Bernardo, 101 SCRA 351; Vda. De Roxas v. IAC, 143 SCRA 77; Republic v. IAC, 144 SCRA 705).

2. CRIMINAL LAW; CONTRIBUTORY NEGLIGENCE; DEFENSE UNAVAILING IN CRIMINAL CASES COMMITTED THROUGH RECKLESS IMPRUDENCE. — "The defense of contributor" negligence does not apply in criminal cases committed through reckless imprudence, since one cannot allege the negligence of another to evade the effects of his own negligence (People v. Orbeta, CA-G.R. No. 321, March 29, 1947)." (People v. Quiñones, 44 O.G. 1520).

3. ID.; DEATH IN HOMICIDE OR MURDER; PREVAILING JURISPRUDENCE ON INDEMNITY. — The prevailing jurisprudence in fact provides that indemnity for death in homicide or murder is P30,000 (People v. De la Fuente, [1983] 126 SCRA 518; People v. Centeno, 130 SCRA 198).


D E C I S I O N


GRIÑO-AQUINO, J.:


This is a petition for review of the Court of Appeals’ decision in CA-G.R. No. 09949-CR, dated October 10, 1974, affirming the conviction of the petitioner of the crime of homicide thru reckless imprudence.chanrobles virtualawlibrary chanrobles.com:chanrobles.com.ph

As found by the Court of Appeals, the facts of this case are:chanrob1es virtual 1aw library

On December 31, 1959, at about 7:30 o’clock in the evening, a rig driven by appellant bumped an old woman who was crossing T. Padilla St., Cebu City, at the right side of T. Padilla Market. The appellant’s rig was following another at a distance of two meters. The old woman started to cross when the first rig was approaching her, but as appellant’s vehicle was going so fast not only because of the steep down-grade of the road, but also because he was trying to overtake the rig ahead of him, the appellant’s rig bumped the old woman, who as a consequence, fell at the middle of the road. The appellant continued to drive on, but a by-stander, one Vicente Mangyao, who had just closed his store in the market in order to celebrate the coming of the New Year, and who saw the incident right before him, shouted at the appellant to stop. He ran after appellant when the latter refused to stop. Overtaking the appellant, Mangyao asked him why he bumped the old woman and his answer was, ‘it was the old woman that bumped him.’ The appellant went back to the place where the old woman was struck by his rig. The old woman was unconscious, and the food and viands she was carrying were scattered on her body. The victim was then loaded in a jeep and brought to the hospital where she died three hours later (Exh. C). The findings after an autopsy are as follows:chanrob1es virtual 1aw library

‘Contusion with Hematoma Left, Frontal and Occipito — Parietal Regionas Fracture Occipito — Parietal Bone Cerebral Hemorrhage.’

"The deceased was an eighty-one-year old woman named Rita B. Cabrera." (pp. 31-32, Rollo.)

Petitioner was charged with homicide thru reckless imprudence in the Court of First Instance of Cebu (Crim. Case No. V-7855). The trial court found petitioner guilty of the felony charged and sentenced him to "suffer an indeterminate penalty of three (3) months of arresto mayor as minimum to one (1) year, one (1) month and eleven (11) days of prision correccional as maximum, to indemnify the heirs of Rita Banzon Cabrera the sum of P6,000 with subsidiary imprisonment in case of insolvency, not to exceed 1/3 of the principal penalty and to pay the costs" (p. 3, Appellant’s Brief, p. 56, Rollo).

The petitioner appealed to the Court of Appeals (CA-G.R. 09949-CR) which, on October 10, 1974, affirmed the conviction of the accused but increased his civil liability to P12,000. The dispositive portion of its decision reads:jgc:chanrobles.com.ph

"WHEREFORE, finding no error in the judgment appealed from except in the amount of indemnity to be paid to the heirs of the deceased, Rita B. Cabrera, which is the sum of P6,000.00 with subsidiary imprisonment in case of insolvency, which should be raised to P12,000.00 (People v. Pantoja, G.R. No. L-18793, October 11, 1968, 25 SCRA 468) but without subsidiary imprisonment in case of insolvency, the same should be, as it is hereby affirmed in all other respects with costs." (p. 37, Rollo.)

After his motion for reconsideration of the Court of Appeals’ decision was denied, he filed a petition for review in this Court, alleging that the Court of Appeals erred:chanrob1es virtual 1aw library

1. in not finding that the reckless negligence of the victim was the proximate cause of the accident which led to her death;

2. in not acquitting the petitioner on the ground of reasonable doubt; and

3. in unjustly increasing the civil liability of the petitioner from P6,000.00 to P12,000.00, although the circumstances of the victim and the accused (petitioner) do not warrant such increase.

It is quite evident that all the issues raised in the petition for review are factual. Well-entrenched in our jurisprudence is the rule that findings of fact of the trial court and the Court of Appeals are binding upon us (Bernardo v. Bernardo, 101 SCRA 351; Vda. De Roxas v. IAC, 143 SCRA 77; Republic v. IAC, 144 SCRA 705).

The alleged contributory negligence of the victim, if any, does not exonerate the accused. "The defense of contributor" negligence does not apply in criminal cases committed through reckless imprudence, since one cannot allege the negligence of another to evade the effects of his own negligence (People v. Orbeta, CA-G.R. No. 321, March 29, 1947)." (People v. Quiñones, 44 O.G. 1520).

The petitioner’s contention that the Court of Appeals unjustly increased his civil liability to P12,000, is devoid of merit. The prevailing jurisprudence in fact provides that indemnity for death in homicide or murder is P30,000 (People v. De la Fuente, [1983] 126 SCRA 518; People v. Centeno, 130 SCRA 198). Accordingly, the civil liability of the petitioner is increased to P30,000.

WHEREFORE, the appealed decision is affirmed with modification as to the civil liability of the petitioner which is hereby increased to P30,000. Costs against petitioner.chanrobles virtual lawlibrary

SO ORDERED.

Narvasa, Cruz and Medialdea, JJ., concur.

Gancayco, J., No part. Took part in Court of Appeals.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






October-1989 Jurisprudence                 

  • G.R. No. 75713 October 2, 1989 - PHIL. COCONUT PRODUCERS FEDERATION v. PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT

  • G.R. No. 84571 October 2, 1989 - REYNALDO A. JACINTO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 85999 October 2, 1989 - LUZ C. OÑAS v. SANDIGANBAYAN, ET AL.

  • G.R. No. 86010 October 3, 1989 - LEOPOLDO GUARIN, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 42478 October 4, 1989 - PEOPLE OF THE PHIL. v. SIMEON A. CASTRO

  • G.R. No. 48686 October 4, 1989 - NEW ZEALAND INSURANCE COMPANY, LTD. v. MIGUEL R. NAVARRO, ET AL.

  • G.R. No. 81541 October 4, 1989 - PEOPLE OF THE PHIL. v. REGIONAL TRIAL COURT OF MANILA

  • G.R. No. 85108 October 4, 1989 - VICENTE MALLARTE v. COURT OF APPEALS, ET AL.

  • G.R. No. 30960 October 5, 1989 - MACARIA ABARRIENTOS VDA. DE CAPULONG, ET AL. v. WORKMEN’S INSURANCE CO., INC., ET AL.

  • G.R. No. 67289 October 5, 1989 - PEOPLE OF THE PHIL. v. MACARIO P. DIAMSAY

  • G.R. No. 71137 October 5, 1989 - FEDERICO FRANCO, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 73656 October 5, 1989 - PEOPLE OF THE PHIL. v. ROGELIO B. VILLAPANDO

  • G.R. No. 77530 October 5, 1989 - ABOITIZ SHIPPING CORPORATION v. PHILIPPINE AMERICAN GENERAL INSURANCE CO.

  • G.R. No. 80806 October 5, 1989 - LEO PITA v. COURT OF APPEALS, ET AL.

  • G.R. No. 83092 October 5, 1989 - LEONARDA T. AVEDANA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 83335 October 5, 1989 - ROCHE (PHILIPPINES), ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • Bar Matter No. 491 October 6, 1989 - IN RE: INQUIRY INTO THE 1989 ELECTIONS OF THE INTEGRATED BAR OF THE PHILIPPINES

  • G.R. No. 40452 October 12, 1989 - GREGORIO GENOBIAGON v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 59012-13 October 12, 1989 - RIZAL-MEMORIAL COLLEGES FACULTY UNION-DAVAO WORKERS UNION, ET AL. v. NLRC, ET AL.

  • G.R. No. 65236 October 12, 1989 - MARIA V. DE CASIMIRO v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 85243 October 12, 1989 - CESAR R. DE LEON v. J. ANTONIO M. CARPIO

  • G.R. No. 56268 October 13, 1989 - PEOPLE OF THE PHIL. v. GREGORIO A. ARANJA, ET AL.

  • G.R. Nos. 80226-27 October 13, 1989 - PEOPLE OF THE PHIL. v. LEVY FRED JAMANDRON, ET AL.

  • G.R. No. 82088 October 13, 1989 - ZAMBOANGA WOOD PRODUCTS, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 82499 October 13, 1989 - CAPITOL MEDICAL CENTER, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 82564 October 13, 1989 - IGMIDIO ABANDO, ET AL. v. FRANCISCO LOZADA, ET AL.

  • G.R. No. 83524 October 13, 1989 - ERNESTO KRAMER, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 85868 October 13, 1989 - ALLIED BANKING CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 87672 October 13, 1989 - WISE AND CO., INC. v. WISE & CO., INC. EMPLOYEES UNION-NATU, ET AL.

  • A.M. No. MTJ-88-184 October 13, 1989 - CALI A. IMPAO, ET AL. v. JACOSALEM D. MAKILALA

  • G.R. No. 69307 October 16, 1989 - PEOPLE OF THE PHIL. v. CANDIDO ROBANTE, ET AL.

  • G.R. No. 76431 October 16, 1989 - FORTUNE MOTORS, (PHILS.), INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 78085 October 16, 1989 - ROYAL CROWN INTERNATIONALE v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 78389 October 16, 1989 - JOSE LUIS MARTIN C. GASCON, ET AL. v. JOKER T. ARROYO

  • G.R. No. 84294 October 16, 1989 - BA FINANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 83138 October 17, 1989 - AMALIO L. SARMIENTO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 49852 October 19, 1989 - EMILIA TENGCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 51207 October 19, 1989 - CATALINA VDA. DE CARREON, ET AL. v. HERMILA CARTAGENA, ET AL.

  • G.R. No. 84163 October 19, 1989 - LITO VINO v. THE PEOPLE OF THE PHILIPPINES and THE COURT OF APPEALS

  • G.R. No. 85839 October 19, 1989 - EMMANUEL S. LICUP, ET AL. v. UNIVERSITY OF SAN CARLOS, ET AL.

  • G.R. No. 73162 October 23, 1989 - PHILIPPINE VETERANS BANK v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 78050 October 23, 1989 - CAESAR U. SOMOSO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 86657 October 23, 1989 - PRECISION ELECTRONICS CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 78538 October 25, 1989 - BELLA S.D. UY, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 36155 October 26, 1989 - HERMINIA MONTINOLA, ET AL. v. CARLOS Y. GONZALES, ET AL.

  • G.R. No. 76873 October 26, 1989 - DOROTEA UYGUANGCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 77243 October 26, 1989 - REPUBLIC OF THE PHIL. v. ASSOCIACION BENEVOLA de CEBU, ET AL.

  • G.R. No. 80030 October 26, 1989 - ROGELIO A. MIRANDA v. COURT OF APPEALS, ET AL.

  • G.R. No. 83609 October 26, 1989 - DIRECTOR OF LANDS v. COURT OF APPEALS, ET AL.

  • G.R. No. 59228 October 27, 1989 - REPUBLIC OF THE PHIL. v. ENRIQUE V. ATENCIO, ET AL.

  • G.R. No. 74287 October 27, 1989 - AGUSTIN FLORES, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. Nos. 79039-41 October 27, 1989 - PEOPLE OF THE PHIL. v. MAMERTO ALTERADO, JR., ET AL.

  • G.R. No. 81467 October 27, 1989 - NARCISO Y. SANTIAGO, JR. v. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. No. 85396 October 27, 1989 - RIZAL COMMERCIAL BANKING CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 86362-63 October 27, 1989 - RAMON D. DUREMDES v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 88211 October 27, 1989 - FERDINAND E. MARCOS, ET AL. v. RAUL MANGLAPUS, ET AL.