G.R. No. 260538 - NOLI Z. ILON, VS. PEOPLE OF THE PHILIPPINES.

Ruling

WHEREFORE, premises considered, this Court hereby finds the accused NOLI Z. ILON " GUILTY " beyond a [sic] reasonable doubt as principal for the commission of the quasi-offense of Reckless Imprudence Resulting in Homicide[,] defined and penalized under Art. 365 of the Revised Penal Code. He is hereby sentenced to suffer an indeterminate penalty of 2 years[,] 4 months[,] and 1 day of [ prision correccional ] as the minimum to 3 years[,] 6 months[,] and 20 days of [ prision correccional ] as the maximum. [18] (Emphasis in the original) In convicting Ilon, the MTCC found that all the elements of Article 365 of the Revised Penal Code were proven by the prosecution beyond reasonable doubt. It relied on the testimonies of the prosecution and the admissions of Ilon. In particular, it took into consideration Ilon's admission that he did not take any form of precaution while driving in an intersection and even increased his speed, which caused Ilon's motor vehicle to bump into the trisikad and caused Lee's death. Further, it found untenable Ilon's argument of Lee's contributory negligence, opining that the same does not apply in criminal cases arising from reckless imprudence. [19] As a consequence of finding Ilon's guilt beyond reasonable doubt, the MTCC found him civilly liable to the heirs of Lee and ordered him to pay the amounts of PHP 547,200.00 for future support; PHP 100,000.00 for civil indemnity for Lee's death; PHP 50,000.00 for moral damages; and PHP 22,683.45 for actual and compensatory damages. The amount of PHP 40,000.00 previously paid by Ilon was deducted by the MTCC as partial payment to the agreed payment of PHP 100,000.00 by Ilon and the heirs of Lee. Further, it ordered that the foregoing amounts shall bear interest at the rate of 6% per annum from the date of finality of the ruling until full payment. Furthermore, it ruled that Rodelio shall be subsidiarily liable for being the employer of Ilon and the owner-operator of the Honda Civic pursuant to Article 103 of the Revised Penal Code in case of Ilon's insolvency. [20] Aggrieved, Ilon moved for reconsideration, [21] but was denied in an Order [22] dated July 14, 2017. Thus, he appealed [23] to the RTC. The RTC Ruling In a Decision [24] dated January 12, 2018, the RTC upheld the MTCC ruling with modification, the dispositive portion of which reads: WHEREFORE , the appeal is hereby partially GRANTED. The Decision dated June 1, 2017 of the MTCC Branch 7, finding accused NOLI ILON Y ZAMORA guilty beyond reasonable doubt of the crime of Reckless Imprudence Resulting [in] Homicide under Article 365 of the Revised Penal Code is hereby AFFIRMED with the following MODIFICATION ; in that the award for civil indemnity for the victim's death of [PHP] 100,000.00 is reduced to [PHP] 50,000.00. [25] (Emphasis in the original) Agreeing with the MTCC, the RTC held that Ilon cannot invoke the defense of contributory negligence when a criminal case is committed through reckless imprudence. Similarly, i