Glenn objected to multiple charges in a motion to quash before his arraignment but was deemed to have waived this objection. Glenn was charged with and convicted of multiple offenses that were charged and proven. For reckless actions that would constitute a grave felony if intentional, the penalty is arresto mayor to prision correccional. Failing to help injured parties qualifies for a higher penalty. Glenn fled the scene without helping victims, qualifying for a higher penalty of prision correccional to prision mayor. Glenn was sentenced to an indeterminate term of 4 to 10 years for the homicide and 2 months for each count of slight injuries. Damage awards were reduced.
Glenn objected to multiple charges in a motion to quash before his arraignment but was deemed to have waived this objection. Glenn was charged with and convicted of multiple offenses that were charged and proven. For reckless actions that would constitute a grave felony if intentional, the penalty is arresto mayor to prision correccional. Failing to help injured parties qualifies for a higher penalty. Glenn fled the scene without helping victims, qualifying for a higher penalty of prision correccional to prision mayor. Glenn was sentenced to an indeterminate term of 4 to 10 years for the homicide and 2 months for each count of slight injuries. Damage awards were reduced.
Glenn objected to multiple charges in a motion to quash before his arraignment but was deemed to have waived this objection. Glenn was charged with and convicted of multiple offenses that were charged and proven. For reckless actions that would constitute a grave felony if intentional, the penalty is arresto mayor to prision correccional. Failing to help injured parties qualifies for a higher penalty. Glenn fled the scene without helping victims, qualifying for a higher penalty of prision correccional to prision mayor. Glenn was sentenced to an indeterminate term of 4 to 10 years for the homicide and 2 months for each count of slight injuries. Damage awards were reduced.
Glenn objected to multiple charges in a motion to quash before his arraignment but was deemed to have waived this objection. Glenn was charged with and convicted of multiple offenses that were charged and proven. For reckless actions that would constitute a grave felony if intentional, the penalty is arresto mayor to prision correccional. Failing to help injured parties qualifies for a higher penalty. Glenn fled the scene without helping victims, qualifying for a higher penalty of prision correccional to prision mayor. Glenn was sentenced to an indeterminate term of 4 to 10 years for the homicide and 2 months for each count of slight injuries. Damage awards were reduced.
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GLENN objected to the multiplicity of the information in a motion to quash before his arraignment.
Hence, he is deemed to have waived such defect. 30 Under Section 3, Rule 120 of the Rules of Court, when two or more offenses are charged in a single complaint or information and the accused fails to object to it before trial, the court may convict the accused of as many offenses as are charged and proved, and impose on him the penalty for each of them.
Now, we come to the penalty. Under Article 365 of the Revised Penal Code, any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony shall suffer the penalty of arresto mayor in its maximum period to prision correccional in its medium period; and if it would have constituted a light felony, the penalty of arresto menor in its maximum period shall be imposed. The last paragraph thereof provides that the penalty next higher in degree shall be imposed upon the offender who fails to lend on the spot to the injured parties such help as may be in his hand to give. This failure to render assistance to the victim, therefore, constitutes a qualifying circumstance because the presence thereof raises the penalty by one degree. 31 Moreover, the fifth paragraph thereof provides that in the imposition of the penalty, the court shall exercise its sound discretion without regard to the rules prescribed in Article 64. Elsewise stated, in felonies through imprudence or negligence, modifying circumstances need not be considered in the imposition of the penalty. 32cräläwvirtualibräry
In the case at bar, it has been alleged in the information and proved during the trial that GLENN escaped from the scene of the incident, leaving behind the victims. It being crystal clear that GLENN failed to render aid to the victims, the penalty provided for under Article 365 shall be raised by one degree. Hence, for reckless imprudence resulting in multiple homicide with serious physical injuries and less serious physical injuries, the penalty would be prision correccional in its maximum period to prision mayor in its medium period. Applying Article 48, the maximum of said penalty, which is prision mayor in its medium period, should be imposed. For the separate offenses of reckless imprudence resulting in slight physical injuries, GLENN may be sentenced to suffer, for each count, the penalty of arresto mayor in its minimum period.
Although it was established through the testimonies of prosecution witness Lemuel Pangca 33 and of GLENN that the latter surrendered to Governor Emano of Misamis Oriental, such mitigating circumstance need not be considered pursuant to the aforestated fifth paragraph of Article 365.
Under the Indeterminate Sentence Law, GLENN may be sentenced to suffer an indeterminate penalty whose minimum is within the range of the penalty next lower in degree to that prescribed for the offense, and whose maximum is that which could properly be imposed taking into account the modifying circumstances. Hence, for the complex crime of reckless imprudence resulting in multiple homicide with serious physical injuries and less serious physical injuries, qualified by his failure to render assistance to the victims, he may be sentenced to suffer an indeterminate penalty ranging from arresto mayor in its maximum period to prision correccional in its medium period, as minimum, to prision mayor in its medium period, as maximum. As to the crimes of reckless imprudence resulting in slight physical injuries, since the maximum term for each count is only two months the Indeterminate Sentence Law will not apply.
As far as the award of damages is concerned, we find a necessity to modify the same. Conformably with current jurisprudence, 34 we reduce the trial courts award of death indemnity from P75,000 to P50,000 for each group of heirs of the trainees killed. Likewise, for lack of factual basis, we delete the awards of P30,000 to each of those who suffered serious physical injuries and of P10,000 to each of those who suffered minor physical injuries.
WHEREFORE , the decision of the Regional Trial Court, Branch 38, Cagayan de Oro City, is hereby SET ASIDE, and another one is rendered holding herein accused-appellant GLENN DE LOS SANTOS guilty beyond reasonable doubt of (1) the complex crime of reckless imprudence resulting in multiple homicide with serious physical injuries and less serious physical injuries, and sentencing him to suffer an indeterminate penalty of four (4) years of prision correccional, as minimum, to ten (10) years of prision mayor, as maximum; and (2) ten (10) counts of reckless imprudence resulting in slight physical injuries and sentencing him, for each count, to the penalty of two (2) months of arresto mayor. Furthermore, the awards of death indemnity for each group of heirs of the trainees killed are reduced to P50,000; and the awards in favor of the other victims are deleted. Costs against accused-appellant.
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