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Reodica vs CA

Reodica vs CA

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cases on civil pro
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Published by: Vev'z Dangpason Balawan on Jan 23, 2013
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Reodica v CA 292 SCRA 87 Facts: Isabelita Reodica was allegedly recklessly driving a van and hit Bonsol causing

him physical injuries and damage to property amounting to P 8,542.00. Three days after the accident a complaint was filed before the fiscal’s office against the petitioner. She was charged of "Reckless Imprudence Resulting in Damage to Property with Slight Physical Injury." After pleading not guilty, trial ensued. RTC of Makati rendered the decision convicting petitioner of "quasi offense of reckless imprudence, resulting in damage toproperty with slight physical injuries" with arresto mayor of 6 months imprisonment and a fine of P 13,542.00. Petitioner made an appeal before the CA which re-affirmed the lower court’s decision. In its motion for reconsideration, petitioner now assails that1.the court erred in giving its penalty on complex damage to property and slight physical injuries both being light offenses over which the RTC has no jurisdiction and it can’t impose penalty in excess to what the law authorizes.2.reversal of decision is still possible on ground of prescription or lack of jurisdiction. Issues: 1. Whether or not the penalty imposed is correct. 2. Whether or not reckless imprudence resulting to damage to property and reckless imprudence resulting to slight physical injuries are light felonies. 3. whether or not there is a complex crime applying Article 48 of the RPC. 4. Whether or not the duplicity of the information may be questioned for the first time on appeal. 5. Whether or not the RTC of Makati has jurisdiction over the case. 6. Whether the quasi offenses already prescribed. Held: 1. On penalty imposed The proper penalty for reckless imprudence resulting to slight physical injury is public censure (being the penalty next lower in degree to arresto menor – see the exception in the sixth paragraph of Article 365 applies).The proper penalty for reckless imprud ence resulting to damage to property amounting to 8,542.00 would be arrestor mayor in minimum and medium periods. 2. Classification of each felony involved reckless imprudence resulting to slight physical injuries is a light felony. Public censure is classified under article 25 of RPC as alight penalty and it belongs on the graduated scale in Article 71 of the RPC as a penalty next lower to arresto menor. Reckless imprudence resulting to damage to property is punishable by a correctional penalty of arresto mayor and thus belongs to less grave felony and not as a light felony as claimed by petitioner. 3. Rule on complex crime Art. 48 on penalty for complex crime provides that when a single act constitutes two or more grave or less grave felonies, or when an offense is necessary a means for committing the other, the penalty for the most serious crime shall be imposed, the same to beapplied in its maximum period. Both offenses cannot constitute a complex crime because reckless imprudence resulting to slightphysical injuries is not either a grave or less grave felony. Therefore each felony should be filed as a separate complaint subject to distinct penalties. 4. Right to assail duplicity of information Rule 120, section 3 of the Rules of Court provides that when two or more offenses are charged in a single complaint and the accused fails to object against it before the trial, the court may convict the accuse to as many offenses as charged and impose a penalty for each of them. Complainant failed to make the objection before the trial therefore the right to object has been waived. 5. Jurisdiction of the court is determined by the duration of the penalty and the fine imposed as prescribed by law to the offense charged. Reckless imprudence resulting to slight physical injuries and

Zaldivia v Reyes involves a violation of an ordinance while in Reodica v CA the violation was against the RPC. But filing a complaint under the fiscal’s office involving offenses punished by a special law (i. a complaint was filed with the Tanodbayan against petitioner for violation of the Anti-Graft and Corrupt Practices Act. Act 3326 is the governing law on prescriptions of crimes punishable by a special law which states that prescription is only interrupted upon judicial proceeding. Court Ruling on Zaldivia v Reyes and Reodica v CA on Prescription: 1. 6. Petitioner argued that the inordinate delay in the preliminary investigation violated right to speedy disposition of his case. HELD: The delay was not undue since it was brought about by peculiar unforeseen circumstances. ordinance) does not interrupt the running of prescription. 1992. a case was filed against petitioner with the Sandiganbayan. The SC nullified the authority of the Office of the Special Prosecutor which necessitated the issuance of AO #1 by the Ombudsman authorizing the Special Prosecutor to continue with the preliminary investigation. On July 30. The prosecutor issued another subpoena to give petitioner chance to file counteraffidavits which he filed only on March 1992. After the reorganization by the Ombudsman of the Office of the Special Prosecutor. 1987.2. The case was dismissed due to lack of jurisdiction of the RTC of Makati and the decision of the CA was set aside. The subpoena sent to petitioner was return unserved because he was no longer connected with his previous office. Sandiganbayan 322 SCRA 655 FACTS: On May 26.reckless imprudence resulting to damage to property is within the jurisdiction of the MTC. Domingo v. . Filing of a complaint in the fiscal’s office involving a felony under the RPC is sufficient to interrupt the running of prescription. the case was assigned to a new prosecutor. The assigned prosecutor retired in 1989.e.

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