Jayson Ivler Case: Prior Conviction or Acquittal For Reckless Imprudence Bars Subsequent Prosecution For The Same Quasi-Offense

JAYSON IVLER CASE: PRIOR CONVICTION
OR ACQUITTAL FOR RECKLESS

IMPRUDENCE BARS SUBSEQUENT
PROSECUTION FOR THE SAME QUASI-
OFFENSE
In Jayson Ivler Y Aguilar vs. Hon. Maria Rowena Modesto-San
Pedro, the Supreme Court sufficiently explained that the doctrine that
reckless imprudence under Article 365 is a single quasi-offense by itself
and not merely a means to commit other crimes such that conviction or
acquittal of such quasi-offense bars subsequent prosecution for the same
quasi-offense, regardless of its various resulting acts, undergirded this
Courts unbroken chain of jurisprudence on double jeopardy as applied
to Article 365 starting with People v. Diaz, [94 Phil. 715 (1954)] decided
in 1954.

There, a full Court, speaking through Mr. Justice Montemayor,
ordered the dismissal of a case for "damage to property thru reckless
imprudence" because a prior case against the same accused for "reckless
driving," arising from the same act upon which the first prosecution was
based, had been dismissed earlier. Since then, whenever the same legal
question was brought before the Court, that is, whether prior conviction
or acquittal of reckless imprudence bars subsequent prosecution for the
same quasi-offense, regardless of the consequences alleged for both
charges, the Court unfailingly and consistently answered in the
affirmative in People v. Belga[100 Phil. 996 (1957) (barring subsequent
prosecutions for physical injuries thru reckless imprudence and damage to
property thru reckless imprudence following an acquittal for "reckless
imprudence with physical injury")] (promulgated in 1957 by the Court en
banc, per Reyes, J.),

The reason for this consistent stance of extending the constitutional
protection under the Double Jeopardy Clause to quasi-offenses was best
articulated by Mr. Justice J.B.L. Reyes in Buan, where, in barring a
subsequent prosecution for "serious physical injuries and damage to
property thru reckless imprudence" because of the accuseds prior
acquittal of "slight physical injuries thru reckless imprudence," with both
charges grounded on the same act, the Court explained: [131 Phil. 498,
500 (1968).]

Reason and precedent both coincide in that once convicted or
acquitted of a specific act of reckless imprudence, the accused may not be
prosecuted again for that same act.For the essence of the quasi offense of
criminal negligence under article 365 of the Revised Penal Code lies in the
execution of an imprudent or negligent act that, if intentionally done, would be
punishable as a felony. The law penalizes thus the negligent or careless act,
not the result thereof. The gravity of the consequence is only taken into
account to determine the penalty, it does not qualify the substance of the
offense. And, as the careless act is single, whether the injurious result should
affect one person or several persons, the offense (criminal negligence) remains
one and the same, and can not be split into different crimes and prosecutions.
x x x (Emphasis supplied) x x x x x

Evidently, the Diaz line of jurisprudence on double jeopardy merely
extended to its logical conclusion the reasoning of Quizon. x x x x
Hence, the Supreme Court found merit in petitioners submission
that the lower courts erred in refusing to extend in his favor the
mantle of protection afforded by the Double Jeopardy Clause.

A more fitting jurisprudence could not be tailored to petitioners
case than People v. Silva, No. L-15974, 30 January 1962, 4 SCRA 95, a
Diaz progeny. There, the accused, who was also involved in a vehicular
collision, was charged in two separate Informations with "Slight Physical
Injuries thru Reckless Imprudence" and "Homicide with Serious Physical
Injuries thru Reckless Imprudence." Following his acquittal of the former,
the accused sought the quashal of the latter, invoking the Double
Jeopardy Clause. The trial court initially denied relief, but, on
reconsideration, found merit in the accuseds claim and dismissed the
second case. x x x x

Ergo, the Supreme Court granted the petition and DISMISSED the
Information in Criminal Case No. 82366 against petitioner Jason Ivler y
Aguilar pending with the Metropolitan Trial Court of Pasig City, Branch
71 on the ground of double jeopardy (JASON IVLER Y AGUILAR VS.
HON. MARIA ROWENA MODESTO-SAN PEDRO, G.R. NO. 172716,
NOVEMBER 17, 2010, CARPIO, J.).

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JAYSON IVLER CASE: PRIOR CONVICTION

OR ACQUITTAL FOR RECKLESS

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