S/SGT. CORNELIO PAMAN, Petitioner, v.

PEOPLE OF THE
PHILIPPINES, Respondent
A Case of Serious Physical injury

I.Case Background
Ursicio Arambala (Arambala),was riding a motorcycle down Roxas Street in Pagadian City
toward the Southern Mindanao Colleges Main Campus on October 14, 2004, around 1:20 p.m. A
multicab driven by S/Sgt. Cornelio Paman (Paman), a military personnel, crossed his path and
collided with his motorcycle as he approached the intersection of Roxas and Broca Streets in
Pagadian City. Arambala was thrown from his motorcycle, landing on the road pavement hitting
his head.

II.Suspect
S/Sgt. Cornelio Paman
● A military personnel
● The one who was driving the multicab

III.Evidence
● A witness,Emilda Salabit was standing beside the road when the collision happened,she
was also the one who brought arambala to the hospital.
● The placement of the vehicles after the collision.
● Paman multicab was parked at the wrong side of the road when the police officers arrive.
● The motorcycle damages was severe.
● A picture of the scene was taken and a sketch was made.
● The road pavement where arambala lands has a blood in it.

IV.Scientific examination of evidence

4.1 Handling of evidence
-after the collision police officers arrives at the scene and they inspected it.
4.2 Collection of evidence
-Both vehicles was looked throughly.
-a sketch and a photograph of the scene was taken.
4.3 preservation,packaging and transportation of evidence
-both vehicles are taken For Further examination.
4.4 Physical and Chemical Investigation.
● According to the results of a computed tomography scan, Arambala had a hematoma in
the cerebral region of his brain. Following his release from the Mercy Community
Hospital on October 15, 2004, Arambala was admitted to the Zamboanga del Sur
Provincial Hospital on October 24, 2004, for erratic blood pressure and slurred speech
caused by the hematoma.
● Through the statement of the victim and the witness a sketch was also made exactly right
at the placement and the result of the collision.
● the measurements, skid marks, final resting points, impact markings are conducted.
● Through the sketch, measurements,statement of the witness and even the result of the
victims injuries.it all points that it was paman fault.

V.Trial
● On February 21, 2005, an Information for the crime of reckless imprudence resulting in
serious physical injuries, docketed as Criminal Case No. 14034, was filed with the
Municipal Trial Court in Cities (MTCC) of Pagadian City against Paman.
● After due proceedings, the MTCC, on February 11, 2010, rendered a Judgment finding
Paman guilty beyond reasonable doubt of reckless imprudence resulting in serious
physical injuries.
● On appeal, however, the Regional Trial Court (RTC) of San Miguel, Zamboanga del Sur,
Branch 29 in its Decision8 dated July 12, 2011, reversed and set aside the MTCC’s
Decision dated February 11, 2010.
● In acquitting Paman of the offense charged, the RTC pointed out that Arambala was the
cause of the collision since he already saw the multicab driven by Paman ahead of time;
that he had the opportunity to take precaution to avoid the accident, but he failed to do
so.10 The City Prosecutor filed a motion for reconsideration, but it was denied by the R
TC in its Order dated August 16, 2011.

● The People of the Philippines, through the Office of the Solicitor General (OSG), then
filed a petition for certiorari with the CA.
● In this petition for review on certiorari, Paman insists that Judge Absin did not commit
any abuse of discretion in acquitting him of the offense charged. He claims that a petition
for certiorari is not the proper remedy to assail the RTC’s Decision dated July 12, 2011.
He likewise maintains that the prosecution’s evidence was insufficient to establish his
guilt of the offense charged beyond reasonable doubt. He essentially alleges that the
collision was the fault of Arambala. He points out that the RTC correctly observed that
Arambala, based on his testimony, applied the brakes on his motorcycle when he saw the
multicab; that he should have accelerated his speed instead of hitting the brakes to avoid
the collision.
 ● The petition wwe turned down.Unlike Paman,Ca claim a petition for certiorari is the
proper remedy for challenging the RTC’s July 12, 2011 decision acquitting him of the
accusation.
● In this case, the OSG was able to show that the RTC abused its power when it ruled that
Paman could not be held liable solely because Arambala caused the collision. Simply
stated, the RTC utterly disregarded the facts on record in acquitting Paman of the crime
alleged.

● After overlooking the record the ca said that based on the skid marks it looks like
Arambala was im hurry but the evidence indubitably shows that before the collision,
Arambala's motorcycle was cruising along its rightful lane when S/Sgt. Paman's multicab
suddenly crossed his (Arambala) path coming from his left side along Broca Street using
the wrong lane to cross the said intersection. The accident would not have happened had
S/Sgt. Paman, the multicab driver, stayed on his lane and did not overtake the vehicle of
the private complainant Ararnbala,Thus, it was the reckless act of [Parnan] which caused
the incident from which reason that, had it not been for the bumping incident caused by
[Paman], (Arambala] could not have suffered the injuries and the collision shouldn’t
have happened.

VI.Judgement
● Paman was violating a traffic regulation, i.e., driving on the wrong side of the road, at the
time of the collision. He is thus presumed to be negligent at the time of the incident,
which presumption he failed to overcome. For failing to observe the duty of diligence and
care imposed on drivers of vehicles abandoning their lane, Paman, as correctly held by
the CA, must be held liable.
● the physical injuries suffered by Arambala as serious since he required medical
attendance for more than a period of 30 days.

WHEREFORE, in view of the foregoing disquisitions, the petition for review on certiorari is
hereby DENIED. The Decision dated July 4, 2013 and Resolution dated October 30, 2013 issued
by the Court of Appeals in CA-G.R. SP No. 04542 are AFFIRMED with MODIFICATION in
that petitioner S/Sgt. Cornelio Paman is hereby sentenced to suffer the penalty of imprisonment
of two (2) months and one (1) day of arresto mayor.

Reference:
https://www.chanrobles.com/cralaw/2017julydecisions.php?id=53
 Forensic 103
Group #2
Serious Physical Injury

The Presenter:
Angelica Santos(leader)
Jose Airson Vizon
John Elizher Galit

The Panel members:

Ma'am Doreen Rose Estrella(Instructor)
Ma'am Anjanette Layug
Sir Jayson Labrador
Sir Joseph Hansen Ramizares

Thank you.