The Supreme Court has partly granted the petition of Noli Z. Ilon, a driver convicted of reckless imprudence resulting in homicide after his Honda Civic struck and killed trisikad driver Lee de la Cruz in Bacolod City on October 31, 2003. While affirming his guilt, the Court modified the penalty imposed by the Court of Appeals and adjusted the civil damages he must pay.
The Case
According to the prosecution, on the evening of October 31, 2003, Lee de la Cruz parked his trisikad — a bicycle with a mounted sidecar — along Circumferential Road, Barangay Banago, Bacolod City, near the Bangga Pepsi plant and close to the intersection with Lacson Street, to drop off a passenger and sacks of rice. A Honda Civic driven by Ilon was running fast near the intersection and bumped the parked trisikad. Lee was thrown on top of the motor vehicle, fell on the road, and was run over by Ilon. Instead of stopping, Ilon left the scene without helping Lee. Lee was brought to Corazon Locsin Montelibano Memorial Hospital but was declared dead on November 1, 2003. At around 8:00 a.m. that same day, Ilon surrendered to the Office of the Investigation Section, Traffic Division of the Bacolod City Police Office and admitted to having been the driver of the Honda Civic that bumped Lee.
In his defense, Ilon claimed he was only an arm's length away when he noticed the parked trisikad and tried to avoid it, but the trisikad moved toward the center of the road when the passenger alighted. He said the area was dark due to the absence of lights. During cross-examination, he admitted he did not stop or slow down despite seeing the trisikad, that his vehicle was running too fast, and that he even increased speed upon reaching the intersection before noticing the trisikad in front of him.
The Issue
The case reached the Supreme Court on a Petition for Review on Certiorari under Rule 45 of the Rules of Court, assailing the Court of Appeals Decision dated April 29, 2021 and Resolution dated December 14, 2021 in CA-G.R. SP No. 13840, which had affirmed with modification the Regional Trial Court's ruling upholding Ilon's conviction for reckless imprudence resulting in homicide under Article 365 of the Revised Penal Code.
The Ruling
The Supreme Court, in a decision penned by Associate Justice Antonio T. Kho, Jr., ruled: "ACCORDINGLY, the Petition is PARTLY GRANTED. The Decision dated April 29, 2021 and the Resolution dated December 14, 2021 of the Court of Appeals in CA-G.R. SP No. 13846 finding petitioner Noli Z. Ilon guilty beyond reasonable doubt of the crime of reckless imprudence resulting in homicide under Article 365 of the Revised Penal Code are hereby AFFIRMED with MODIFICATION. He is sentenced to suffer the penalty of imprisonment for an indeterminate period of four months and one day of arresto mayor, as minimum, to two years, four months, and one day of prision correccional, as maximum; and ordered to pay the total amount of PHP 629,883.45 which shall bear interest at the rate of 6% per annum from the date of finality of this Decision until full payment."
The Court also ordered that copies of the Decision be furnished to the President of the Republic of the Philippines through the Department of Justice, the President of the Senate, and the Speaker of the House of Representatives, pursuant to Article 5 of the Revised Penal Code.
By the Numbers
- Date of incident: October 31, 2003
- Date of Lee de la Cruz's death: November 1, 2003
- Speed Ilon admitted driving: 40 kilometers per hour
- Modified imprisonment: four months and one day of arresto mayor (minimum) to two years, four months, and one day of prision correccional (maximum)
- Total civil liability: PHP 629,883.45, with 6% interest per annum from finality of decision until full payment
- Original MTCC civil awards included: PHP 547,200.00 for future support; PHP 100,000.00 for civil indemnity; PHP 50,000.00 for moral damages; PHP 22,683.45 for actual and compensatory damages
The Court's Reasoning
The Court noted that all elements of Article 365 of the Revised Penal Code were established by the prosecution. It took into account Ilon's own admission that he did not take any precaution while driving near an intersection and even increased his speed, which caused his vehicle to strike the trisikad and result in Lee's death.
On the question of penalties, the Court interpreted Article 365, paragraph 6 of the Revised Penal Code and observed that the non-applicability of the first five paragraphs of the same Article applies only to reckless imprudence resulting in homicide with the use of a motor vehicle, and not to reckless imprudence resulting in serious bodily injury or damage to property using a motor vehicle. The Court acknowledged that this distinction creates what it described as an "unjust situation" and an "iniquitous" result, because a person convicted of reckless imprudence resulting in homicide may avail of mitigating circumstances under Article 64 of the Revised Penal Code, while one convicted of reckless imprudence resulting in serious bodily injury may not. Despite these observations, the Court stated it must abide by its constitutional function to interpret — not legislate — the law, consistent with the principle of separation of powers. It noted that the determination of penalties is a policy matter belonging to the legislature.
Source: Supreme Court of the Philippines, G.R. No. 260538, penned by Associate Justice Antonio T. Kho, Jr.
This report summarizes a public Supreme Court decision and is not legal advice.