Abueva v. People (2002) Digest

ABUEVA V. PEOPLE G.R. No. 134387, (September 27, 2002) CASE:

This petition for review seeks the reversal of the decision[1] of the Court of Appeals dated November 27, 1997, in CA-G.R. No. 18212 and its resolution[2] dated May 20, 1998, denying petitioner’s motion for reconsideration. The assailed decision affirmed that of the trial court in Criminal Case No. 28091-92, finding petitioner guilty of reckless imprudence resulting in homicide.[3] Petitioner now prays for acquittal.

ELEMENTS OF THE CRIME:  HOMICIDE RESULTING FROM RECKLESS IMPRUDENCE in the use of a motor vehicle (1) that the offender does or fails to do an act; (2) that the doing or the failure to do that act is voluntary; (3) that it be without malice; (4) that material damage results from the reckless imprudence; and (5) that there is inexcusable lack of precaution on the part of the offender, taking into consideration his employment or occupation, degree of intelligence, physical condition, and other circumstances regarding persons, time and place.  FAILURE TO LEND ASSISTANCE o Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured FACTS:  Accused: Teofilo Abueva, bus driver  Victim: Lourdes Mangruban  Information o August 7, 1992, Davao o Driving a FUSO BUS with Plate Number KVA 211 registered under VALLACAR TRANSIT o Without taking due precaution to prevent injury o Drove and moved motor vehicle out of terminal building before victim, a passenger, could find and take her seat o As a direct result of negligence, recklessness, and carelessness, victim died o After she died, willfully, unlawfully, and feloniously “failed to render or lend assistance on the spot to the victim such help as may be in the hands of the accused to give.” PROSECUTION  IRENEO MANGRUBAN, victim’s brother o Siblings Ireneo, Abunido, and Lourdes were at the bus terminal to take their paralyzed aunt Ginobata Mangruban to Butuan o Ireneo and aunt boarded the bus, with Lourdes close behind o While Lourdes was on the first stepboard, luggage in hand, the bus suddenly moved o Because of the movemet, Lourdes fell off the bus, hit her head on the cement o Ireneo got off to help her. Ginobata and Abunido also disembarked – but the driver didn’t o Said dispatcher said nothing to worry about because victim wasn’t bleeding, so accused continued the trip o Victim was taken to San Pedro Hospital  Blood clot that needed surgery  Bus company refused to give assistance DEFENSE  MELQUIADES ROJAS, bus conductor o When the bus was in motion, Lourdes suddenly knocked on the ceiling and informed Rojas she wanted to get off o He saw her kiss her aunt and wish her a safe trip, then she started walking towards the exit o He told her to wait for the bus to come to a full stop but she jumped out  QUINTIN BORROMEO, laborer at Ecoland Terminal o Was on the stepboard of the rear door when a girl passed him o When he turned to look back, she had already fallen off the bus, though the bus was moving slowly o “she fell and jumped”  MANOLING GAVIOLA o Heard shouting that a passenger had jumped o Together with Jessie and companions, took her to the hospital  RAUL QUIBLAT, dispatcher o Saw Lourdes jump from the bus o Saw her from mid-air to ground o Landed on her buttocks then her head hit the ground o Bus left an hour after the incident, after driver was told by the OIC that it was taken care of o Driver was frightened, and didn’t leave until told to do so PROCEDURAL HISTORY:  RTC convicted accused of reckless imprudence resulting to homicide under Art 365

27 days until Christmas.



o Arresto Mayor max to Prision Correccional med, + costs o c/o MR: increased amount of actual expenses CA affirmed o Modified by increasing penalty by one degree  qualifying circumstance of failure to lend assistance on the spot to the injured party o Indeterminate penalty of 1y7m11d prision correccional to 6y1m11d prision mayor

ISSUE. WON guilty  YES WON qualifying circumstance should be considered against petitioner  NO DISCUSSION.  Lourdes o o o





really did fall Ireneo’s testimony credible and convincing Consistent with human experience If she never intended to take the trip why would she take a seat and then stand up and jump when the bus was already moving o Her injuries are on the back of her head: inconsistent with “jump” theory o Ireneo’s inconsistency re location minor Re reckless imprudence o Driver has been employed for 18 years, undergone training and seminars to improve skills o Expected to be well-aware of responsibilities to passengers o Must ensure their safety o Testimony: didn’t bother to check, left care and welfare and safety of passengers to conductor; followed dispatchers orders  showed lack of care and precaution, and inexcusable o Failed to exercise due diligence Re failure to lend assistanc o REVERSE CA o CA didn’t read on: “as may be in his hands to give”  dependent on the means in the hands of the appellant, requiring adequate proof o No other witness corroborated that driver did not disembark, but there are witnesses that testified to the contrary o Driver said under oath that he alighted from the bus, saw people assisting the injured party  corroborated o Saw that the victim was assisted and was carried onto a public utility vehicle, and asked the dispatcher if he could leave  Took an hour before the bus could leave the terminal – surely he wasn’t just in his seat then o SO UNDER THESE CIRCUMSTANCES  He’s not a hit and run driver  Exerted efforts to see that the victim had been attended to  Other people were assisting the victim  He also had a bus full of passengers needing his attention, so he could only do so much  Trial court did not err in disregarding the circumstance

DECISION. WHEREFORE, the assailed decision of the Court of Appeals in CA-G.R. No. 18212, is hereby MODIFIED. Petitioner TEOFILO ABUEVA Y CAGASAN is declared guilty of reckless imprudence resulting in homicide, and he is sentenced to suffer an indeterminate prison term of four (4) months and one (1) day of arresto mayor, as minimum, to four (4) years and two (2) months of prision correccional, as maximum. The award of damages in the amounts of P148,202.70 for actual expenses for medicine and attending physician’s fees, P4,500.00 as funeral expenses and P50,000.00 as civil indemnity for the death of Lourdes Mangruban, are AFFIRMED.

27 days until Christmas.