REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch 47, Pasay City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Cases Nos. 07-835 CFM
-versus- For: Reckless Imprudence Resulting
In Damage to Property
JUSTIN CHENG,
Accused.
x--------------------------------------x

DECISION

Courts are required to put the prosecution evidence through the crucible of a
severe testing, and the constitutional right to presumption of innocence requires them
to take a more than casual consideration of every circumstance or doubt favoring the
innocence of the accused.1

THE CHARGE

Accused Justin Cheng stands charged with Reckless Imprudence Resulting in

Damage to Property , the accusatory portion of the Information reads as follows:

That on or about the 28 th day of January, 2007, in Pasay City,

Metro Manila, Philippines and within the jurisdiction of this Honorable
Court, the above-named accused, being then the driver and person-in-
charge of a Toyota Corolla car with plate no. ADG 564, without taking the
necessary precaution to avoid accident to persons and damage to property,
and without regard to traffic laws, rules and ordinances of this city, did
and there wilfully, unlawfully and feloniously drive, manage, operate the
said vehicle along Disodado Macapagal Blvd. , this City, in reckless,
negligent and imprudent manner, and as result of such recklessness,
negligence and imprudence, hit the steel door and crashed into the
powerhouse used by complainant LOLA TABA LOLO PATO SEAFOOD
RESTAURANT being represented by Tristan Joseph R. Ablis , and as a
consequence of the impact, said steel door, the powerhouse and other
secondary cables therein sustained damages in the amount of
Php72,800.00, to the damage and prejudice of the said complainant in the
aforesaid amount of Php72,800.00
1
People vs. Santos, Jr., G.R. No. 175593, October 17, 2007.

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 Contrary to law.

STATEMENT OF THE CASE

When arraigned on July 31, 2007, accused Justin Cheng assisted by his counsel
de oficio Atty. Remmel Balinbin of the Public Attorneys Office, pleaded not guilty to
the charge. This case was referred to the Philippine Mediation Center but there was
unsuccesul mediation. On September4, 2007, the pre-trial was terminated. Forthwith,
trial on the merits ensued. The prosecution terminated the presentation of its
testimonial evidence. On July 7, 2010, the private prosecutor Atty. Terencio Yumang
Jr. formally offered its documentary evidence, and thereafter, it rested its case. On June
29, 2010, during the initial presentation of defense evidence, Atty. Remmel Balinbin of
the Public Attorneys Office waived the right of the accused to present his evidence
because the accused has standing warrant of arrest. Thus, this case was submitted for
decision.

EVIDENCE FOR THE PROSECUTION

Testimonial Evidence

The prosecution presented the following witnesses:

TRISTAN JOSEPH ABLIS testified that he was the general manager of Seaside
Restaurant who received radio message from one of their security personnel that a
vehicle bumped the main powerhouse of seaside Macapagal located near the main road
of Diosdado Macapagal Blvd. Pasay City on January 28, 2007. 2 He went to the
powerhouse at around 1:40 a.m. on the same day and he saw a Blue Toyota Corolla car
with plate no. ADG 564 driven by the accused Justin Cheng. 3 The said car bumped the
steel door and crashed into the powerhouse of Lola Taba Lolo Pato Seafood Restaurant.
They made an assessment of the damage caused by the accident. Thereafter, they
reported the incident to the Pasay Traffic policemen. On February 1, 2007, the
MERALCO inspectors came to see the damage and gave them ten (10) days to repair the
main vault door otherwise, they will disconnect the main source of power inside
Macapagal Blvd. They were angry because they were forced to repair the main vault door.

2
TSN dated April 15, 2009, p. 6.
3
Ibid.

2
The cost of the repair is P72,800.00 by the contractor. The attorneys fees is P50,000.00
acceptance fee and P3,000.00 appearance fee per hearing.

During cross-examination, he presented the Special Power of Attorney to prove

that he was duly authorized by Lola Taba Lolo Pato Seafood Restaurant owned by Marvin
Sedano. He verified the crashing of the car driven by accused Justin Cheng. 4 He was
able to talk to the accused at the time of the accident before he was brought to the
hospital. The cost of the repair is Php72,800.00 which was listed by the owner Marvin
Sedano and valued by the firm that constructed the main vault door. 5

LAGRIMAS MANGARIN testimony, which consisted of identifying the

contract between Eyescape Incorporation and Lola Taba and Lolo Pato; identifying the
corresponding vouchers; and indentifying the contract between the Pamaran, Ramos
and Partners Office and the private complainant , was stipulated upon by the
prosecution and defense.

Documentary Evidence

The prosecution formally offered the following documentary evidence which were
admitted by this Court: (1) Special Power of Attorney marked as Exhibit A; (2)
Traffic Accident Investigation Report marked as Exhibit B; (3) Various pictures
depicting the wrecked car of the accused and the damage wrought by it marked as
Exhibit C with sub-markings; (4) MERALCO letter marked as Exhibit D; (5)
Demand letter marked as Exhibit E; (6) Complaint-affidavit of Tristan Joseph Ablis
marked as Exhibit F; (7) Lease contract between Eyescape Inc. And Lola Taba Lolo
Pato Seaside Commercial marked as Exhibit G; (8) Voucher payable to Eyescape Inc
dated February 5, 2007 marked as Exhibit H; (9) Voucher payable to Eyescape Inc.
Dated February 23, 2007 marked as Exhibit I; (10) Contract of Service marked as
Exhibit J; (11) Voucher payable to law office marked as Exhibit K; (12) Cash
vouchers marked as Exhibit L with sub-markings.

ISSUE

The issue is whether or not accused Justin Cheng is guilty as charged.

4
TSN dated August 13, 2009, p. 6.
5
TSN dated August 13, 2009, p.7.

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 APPLICABLE LAW

Art. 365 of the Revised Penal Code as amended by R.A. 1790 6 providing:
Imprudence and negligence. 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; if it would have constituted a less grave felony, the penalty of arresto mayor in
its minimum and medium periods shall be imposed; if it would have constituted a light
felony, the penalty of arresto menor in its maximum period shall be imposed. Any
person who, by simple imprudence or negligence, shall commit an act which would
otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its
medium and maximum periods; if it would have constituted a less serious felony, the
penalty of arresto mayor in its minimum period shall be imposed. When the execution
of the act covered by this article shall have only resulted in damage to the property of
another, the offender shall be punished by a fine ranging from an amount equal to the
value of said damages to three times such value, but which shall in no case be less than
twenty-five pesos. A fine not exceeding two hundred pesos and censure shall be
imposed upon any person who, by simple imprudence or negligence, shall cause some
wrong which, if done maliciously, would have constituted a light felony.

In the imposition of these penalties, the court shall exercise their sound
discretion, without regard to the rules prescribed in Article sixty-four. The provisions
contained in this article shall not be applicable: 1. When the penalty provided for the
offense is equal to or lower than those provided in the first two paragraphs of this
article, in which case the court shall impose the penalty next lower in degree than that
which should be imposed in the period which they may deem proper to apply; 2. When,
by imprudence or negligence and with violation of the Automobile Law, to death of a
person shall be caused, in which case the defendant shall be punished by prision
correccional in its medium and maximum periods.

Reckless imprudence consists in voluntary, but without malice, doing or falling to

do an act from which material damage results by reason of inexcusable lack of
precaution on the part of the person performing of failing to perform such act, taking
into consideration his employment or occupation, degree of intelligence, physical
condition and other circumstances regarding persons, time and place. Simple
imprudence consists in the lack of precaution displayed in those cases in which the
damage impending to be caused is not immediate nor the danger clearly manifest. The
penalty next higher in degree to those provided for in this article shall be imposed upon

6
Approved on June 21, 1957.

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the offender who fails to lend on the spot to the injured parties such help as may be in
this hand to give.

RULING

The elements of reckless imprudence are: (1) That the offender does or fails to do
an act; (2) that the doing of or failure to do that act is voluntary; (3) That it be without
malice; (4) That material damage results; (5) That there is an 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.

The test to determine the existence of negligence is whether or not the accused
use reasonable care and caution which an ordinary and prudent person would have use
in the situation, otherwise, he is negligent. After a painstaking evaluation and analysis of
all the testimonial and documentary evidence, the prosecution was able to discharge its
duty in proving the guilt of the accused Justin Cheng beyond reasonable doubt.

The car driven by accused Justin Cheng was a total wreak after the collision
showing that he was running at very fast speed in disregard of the traffic rules and
regulations. Also, he abandoned his lane that resulted to the head on collision with the
steel door and the powerhouse used by complainant Lola Taba Lolo Pato Seafood
Restaurant. Abandoning ones driving lane is a failure to observe the duty of diligence
and care imposed on drivers of vehicles. 7 Accused Justin Cheng should have slowed
down or stopped to prevent the danger of a collision. In not doing so, he was negligent
and reckless in driving.

DISPOSITIVE PORTION

WHEREFORE, foregoing considered, this Court finds accused Justin Cheng

GUILTY BEYOND REASONABLE DOUBT of the crime of Reckless Imprudence
Resulting in Damage to Property and sentences him to pay the fine of Two Hundred
Eighteen Thousand Four Hundred Pesos (P218,400.00) with subsidiary
imprisonment in case of insolvency. Likewise, he is ordered to pay the private
complainant the actual damages of Seventy Two Thousand Eight Hundred Pesos
(P72,800.00) and attorneys fees of Eighty Five Thousand Pesos (P85,000.00).
7
Laguna Tayabas Bus Co. vs. IAC, G.R. Nos. L-74387-90, 14 November 1988.

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Costs against the accused.

SO ORDERED.

Pasay City, July 15, 2010.

ELIZA B. YU
Judge

Copy furnished:
ACP John Giselher Imperial
City Prosecutors Office
Hall of Justice, Pasay City

Atty. Terencio Yumang Jr.

Private Prosecutor
PAMARAN RAMOS AND PARTNERS
5th Fllor, Philsteel Tower, 140 Amorsolo St.,
Legaspi Village, Makati City

Atty. Remmel Balinbin

Public Attorneys Office
Hall of Justice, Pasay City

Tristan Joseph Ablis

Private Complainant
Lola Taba Lolo Pato Seafood
Lot 5A Diosdado Macapagal Bldv., Pasay City

Justin Cheng
Accused
409 San Bartolome St.,
Ayala Alabang Village
Muntinlupa City