According to the Supreme Court En Banc, the rules on modifying circumstances, where factors can either increase or lessen penalties, do apply in cases of reckless imprudence resulting in homicide involving a motor vehicle.
This was expressed in the decision written by Associate Justice Antonio Kho Jr. where driver Noli Ilon was convicted for reckless imprudence resulting in homicide, but his sentence was reduced because he voluntarily surrendered to the police.
While driving his employer’s car at high speed, Ilon hit a trisikad (a bicycle with a mounted sidecar) driven by Lee de la Cruz near an intersection in Barangay Banago, Bacolod City. De la Cruz had stopped to drop off a passenger but the impact threw him onto the hood of the car, fell on the road, and was run over by Ilon.
The responding medical team brought De la Cruz to the hospital but died the next day. Ilon later surrendered to the police and admitted he was the driver. He further claimed he was driving at a normal speed and tried to avoid de la Cruz but still hit him. He also told authorities that he attempted to help de la Cruz but was not able to do so because bystanders threw stones at him, prompting him to leave.
The Municipal Trial Court and the Regional Trial Court both found Ilon guilty and was sentenced to imprisonment ranging from two years to three years and six months. The Court of Appeals affirmed the conviction but increased the penalty to a minimum of four years and a maximum of 10 years and did not consider the voluntary surrender of de la Cruz as a mitigating circumstance.
Ilon elevated the case to the SC and argued that he should not be held liable for de la Cruz’s death, who was negligent in moving his vehicle to the center of the road.
The SC rejected this defense, stating that under Article 365 of the Revised Penal Code (RPC), reckless imprudence is acting without intent to harm but still causing injury or death to another due to a clear lack of precaution. However, the SC clarified that Ilon’s voluntary surrender should be appreciated as a mitigating circumstance that reduces his penalty.
Ilon was sentenced to up to two years and four months in prison and ordered to pay the heirs of de la Cruz P629,883.45 in damages.
The SC explained that while Article 365 of the Revised Penal Code (RPC) generally allows trial courts to impose penalties without applying the rules on mitigating and aggravating circumstances under Article 64 of the RPC, this does not apply when reckless imprudence results in death involving a motor vehicle. In such cases, Article 64 must be followed.
Reviewing the amendments to Article 365, from Republic Act No. 3992, or the Revised Motor Vehicle Law, passed in 1932, through Batas Pambansa Blg. 398 passed in 1983, the SC found that Congress consistently retained the clause excluding cases where death results from reckless imprudence involving motor vehicles from the usual discretion given to trial courts. This means that courts must apply Article 64 to determine the proper penalty.
Finding this distinction unjust, the SC ordered to furnish copies of its Decision to the President, the Senate, and the House of Representatives to alert its co-equal branches of this inconsistency and for possible legislative action.