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Facts:

Petitioner Antonio Lamera was the driver of the Toyota jeep that hit the Suzuki
tricycle driven by Ernesto Reyes and thereby injuring Reyes and his passengers
Paulino Gonzal, and Patricio Quitalig. The conviction of petitioner by the MTC of
Pasig under Art. 275 (2) of the RPC was affirmed by the Court of Appeals.

Issue:
Whether or not petitioner is guilty of abandonment of one’s victim under Art. 275
of the RPC after failing to help someone he accidentally injured.

Ruling:
YES. Article 275 (2) explicitly states that anyone who shall fail to help or render
assistance to another whom he has accidentally wounded or injured shall be
penalized accordingly. The act punished in this case is not the negligence of the
driver petitioner in driving his vehicle, but the abandonment of his victims after
the accident. As such, petitioner must be found guilty of the crime.

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