IBABAO VS PEOPLE

Petitioner: Ma. Victoria Ventura

Respondents: Atty. Danilo Samson

Ponente: J. Melencio-Herrera

Imprudence and Negligence

FACTS:

● April 30-1967- Ibabao, the owner of an owner-type jeep, bumped a man. Defendant did
not stop to give aid to the victim. The man he bumped eventually died.
● Jose Patalinghog Jr. testified for the prosecution, while defendant only had an alibi as a
defense.
● The Trial Court rendered a verdict of conviction for homicide through reckless
imprudence. Upon appeal, the CA imposed a higher penalty, as well as a higher
indemnification because of defendant’s failure to give aid to the victim.
● Petition interposed appeal by certiorari praying for modification of the CA’s decision, as
well as a Motion for a New Trial based on alleged newlyfound evidence because of
Patalinghog’s recantation.

ISSUE/S AND HELD:

● WoN the failure of petitioner to lend aid to his victiom justifies the imposition of the
penalty next higher to that provided for in the RTC even though such circumstance was
not alleged in the information. NO.
o The question has not been definitely passed upon by the Court.
o The allegation must be in the information to apprise the defendant of this charge
unlike an ordinary aggravating circumstance which even if not alleged in the
information, can be taken into accout if proved at the trial without objection.
o The Court is neither inclined to consider such failure to lend aid as a generic
aggravating circumstance which would warrant the imposition of a higher penalty,
since it is not among those listed in Art. 14 of the RPC.
● WoN Patalinghog’s affidavit of recantation is newly discovered evidence warranting new
trial. NO.
o The affidavit was thought of only after this petition was initially denied for lack of
merit. Moreover, as has always been held by this Court, recantations should be
taken with great caution.

RULING:

● Assailed CA decision modified.