Professional Documents
Culture Documents
MENDOZA, petitioner
-versusHON. ABUNDIO Z. ARRIETA,
Presiding Judge of Branch VIII, Court
of First Instance of Manila, FELIPINO
TIMBOL, and
RODOLFO SALAZAR , respondents.
FACTS:
- A three- way vehicular accident occurred along MacArthur Highway, MARILAO , BULACAN, involving a
Mercedes Benz owned and
driven by petitioner; a private jeep owned and driven by
respondent Rodolfo Salazar; and a gravel and sand truck
owned by
respondent Filipino ,Timbol and driven by Freddie Montoya
- two separate Informations for Reckless Imprudence
Causing Damage to Property were filed against Rodolfo
Salazar and
Freddie Montoya with the CFI of BULACAN.
CFI:
o Montoya guilty
o Salazar acquitted
He was absolved in view of its findings that the collision
between Salazar's jeep and petitioner's car was the
result of the former having been bumped from behind by the
truck driven by Montoya. Neither was petitioner
awarded damages as he was not a complainant against truckdriver Montoya but only against jeep-ownerdriver Salazar
- On August 22, 1970, or after the termination of the criminal
cases, petitioner filed Civil Case No. 80803 with the CFI of
Manila
against respondents jeep-owner-driver Salazar and Felino
Timbol, the latter being the owner of the gravel and sand
truck
driven by Montoya for identification of damages
ISSUES
ISSUES
ISSUES
Reckless imprudence
Art. 365 of the Revised Penal Code provides that defines 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.
The same article provides that 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.
Art. 365 of the Rev. Penal Code (Imprudence and negligence) provides that 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
On 07-31-1970
Quasi - Delicts
Art. 31-34
Art. 32. Any public officer or employee, or any private individual, who
directly or indirectly obstructs, defeats, violates or in any manner
impedes or impairs any of the following rights and liberties of another
person shall be liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical
publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for
public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and effects
against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
Art. 2177
Art. 29
APPLICATIONS
Timbols submission
thatpetitioner'sfailuretomakeareservationinthe
criminalactionofhisrighttofilean independent civil
action, as required under: