Sec. 1.

Institution of Criminal Offenses

Reodica v. CA
8 July 1998

CASE PRINCIPLE: Art. 48 RPC: 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 be applied in its maximum period.

FACTS:
• Isabelita Reodica was allegedly recklessly driving a van and hit
Norberto Bonsol causing him physical injuries and damage to property
amounting to P8,542.00. 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 to property 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 that:

1. 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.

ISSUE:
 1. Whether or not there is a complex crime applying Article 48 of the
RPC?

2. Whether or not the duplicity of information may be questioned for the

first time on appeal?

RULING:

1. NO. 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 be applied in its
maximum period. Both offenses cannot constitute a complex crime
because reckless imprudence resulting to slight physical injuries is not
either a grave or less grave felony.

Therefore, each felony should be filed as a separate complaint

subject to distinct penalties.

2. NO. 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
accused 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.