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US V SOLIMAN Lorena executed a sworn statement before the police

GR NO. 11555 | JANUARY 6, 1917 authorities. Subsequently, a criminal complaint for


Ponente reckless imprudence resulting in homicide and
Name of Digest Maker | Group damage to property was filed against the Victory Liner
bus driver Ricardo Joson, Jr
PETITONERS/PROSECUTORS: The United States ISSUES:
RESPONDENTS/DEFENDANTS: Gabino Soliman WONissue one
WON.issue two
TOPIC: (as stated in the syllabus) WONissue three
Amendment, Revision, Codification, and Repeal Civil
Code, Article 7 RULING: (Doctrine in bold letters)
1987 Administrative Code, Sections 21 and 22 1st issue: Denied.
o Rationale
CASE SUMMARY: Gabino Soliman testified on his own behalf 2nd issue: Affirmed.
in another criminal case where he, with several others, was o Rationale
charged with estafa. 3rd issue: Denied.
o Rationale
TERMS: (technical/legal terms)
estafa fraud keme keme DISPOSITIVE:

PRECEDENTS:
PROVISIONS:
People vs. Carmen: The court ruled that defendant
NCC: Article x, Section y, par. Z: xxximportant section
should be guilty.
of lawxxx
People vs. Juan: The court reversed People vs. Carmen.
P.D. No. 139843: xxximportant section of special
lawxxx
FACTS:
Petitioner is a common carrier. Private respondent
Elena Malecdan is the widow of the deceased, while
private respondents Veronica, Virginia, Mary Pauline,
Arthur, Viola, Manuel and Valentin Malecdan are their
children.
Andres Malecdan was a 75 year-old farmer residing in
Barangay Nungnungan 2, Municipality of Cauayan,
Province of Isabela
July 1994 around 7pm while Andres was crossing the
National Highway on the way to his farm, while a
Dalin Line bus stopped to let him cross
o Victory Liner bus driven by Ricardo C.
Joson, Jr., didnt stop though and hit him
and his carabao
o Andres Malecdan was thrown off the
carabao, while the beast toppled over.
sustained a wound on his left shoulder,
from which bone fragments protruded
o Victory Liner bus sped off and the Dalin bus
left as well
Malecdans neighbor, Virgilio Lorena was in a resting
shed nearby and saw the incident. Lorena and another
person took Malecdan to the Cagayan District
Hospital.
Malecdan died a few hours later, carabao died as well.