People of the Philippines vs. De los Santos People PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GLENN DE LOS SANTOS, accuse-appellant. G.!. No. "#"$%% &a'ch (), (**" DAVIDE, DAV IDE, JR., C.J.:
FA+TS Glenn Delos Santos and his 3 friends went to Bukidnon on his Isuu Elf tru!k. "n their wa#, the# de!ided to $ass %# a restaurant whe re Glenn had 3 %ottles of %eer. "n their wa# to Ca&a#an de "ro Cit# fro' Bukidnon, Glenn(s tru!k, hit, %u'$ed, seriousl# wounded and !lai'ed th e li)es of se)eral 'e'%ers of the *+* who were under&oin& an enduran!e run on a hi&hwa# wearin& %la!k shirts and shorts and &reen !o'%at shoes. wel)e wel)e trainees were killed on the s$ot, - were seriousl# wounded, of who' e)entuall# died and -/ sustained 'inor in0uries. At the ti'e of the o!!urren!e, the $la!e of the in!ident was )er# dark as there was no 'oon. +either were there la'$$osts that illu'inated the hi&hwa#. he trial !ourt !on)i!ted Glenn of the !o'$le1 !ri'e of 'ulti$le 'urders, 'ulti$le frustrated 'urders and 'ulti$le atte'$ted 'urders, with the use of 'otor )ehi!le as the 2ualif#in& !ir!u'stan!e.
HELD Considerin& that the in!ident was not a $rodu!t of a 'ali!ious intent %ut rather the result of a sin&le a!t of re!kless dri)in&, Glenn should %e held &uilt# of the !o'$le1 !ri'e of re!kless i'$ruden!e resultin& in 'ulti$le ho'i!ides with serious $h#si!al in0uries and less serious $h#si!al in0uries. he sli&ht $h#si!al in0uries !aused %# Glenn to the ten other )i!ti's throu&h re!kless i'$ruden!e, would, had the# %een intentional, ha)e !onstituted li&ht felonies. Bein& li&ht felonies, whi!h are not !o)ered %# Arti!le 4, the# should %e treated and $unished as se$arate offenses. Se$arate infor'ations should ha)e, therefore, %een filed
People v. Delos Santos Facts "n the earl# 'ornin& of "!to%er 5, -665, at the 7aitu' 8i&hwa# in Ca&a#an de "ro Cit#, a tea' of *+* 'e'%ers under&oin& a S$e!ial rainin& Course were $erfor'in& an Enduran!e Run. he# were 0o&&in& at the ri&ht side of the lane. A s$eedin& s$eedin& Isuu Elf ran into the', resultin& resultin& to deaths and in0uries. in0uries. he a!!used a!!us ed surr surrendered endered to the Go)er Go)ernor nor,, and was e)entu e)entuall# all# !on)i !on)i!ted !ted of 7ulti$ 7ulti$le le 7urder 7urder,, 7ulti$le 9rustrated 7urder, and 7ulti$le Atte'$ted 7urder. 8e was senten!ed to death %# the rial Court. 8en!e, this auto'ati! re)iew.
Issue hether there was intentional killin& or atte'$t to kill the $oli!e'en, or a 'ere re!kless i'$ruden!e
Hel 9ro' the !on)er&en!e of !ir!u'stan!es, we are in!lined to %elie)e that the tra&i! e)ent was 'ore a $rodu!t of re!kless i'$ruden!e than of a 'ali!ious intent on Glenn(s $art. 9irst, as testified to %# $rose!ution re%uttal witness Danilo "larita, the $la!e of the in!ident was ;)er# dark,; as there was no 'oon. And a!!ordin& to *AGASA(s o%ser)ed weather re$ort within the )i!init# of Ca&a#an de "ro Cit# !o)erin& a radius of 5/ kilo'eters, at the ti'e the e)ent took $la!e, the sk# was o)er!ast, i.e., there
was a%solutel# no %reak in the thi!k !louds !o)erin& the !elestial do'e &lo%e< hen!e, there was no wa# for the 'oon and stars to %e seen. +either were there la'$$osts that illu'inated the hi&hwa#. Se!ond, the 0o&&in& trainees and the rear &uards were all wearin& %la!k =shirts, %la!k short $ants, and %la!k and &reen !o'%at shoes, whi!h 'ade the' hard to 'ake out on that dark and !loud# ni&ht. he rear &uards had neither refle!toried )ests or &lo)es nor flashli&hts in &i)in& hand si&nals. hird, G>E++ was dri)in& on the $ro$er side of the road, the ri&ht lane. "n the other hand, the 0o&&in& trainees were o!!u$#in& the wron& lane, the sa'e lane as Glenn(s )ehi!le was tra)ersin&. orse, the# were fa!in& the sa'e dire!tion as Glenn(s tru!k su!h that their %a!ks were turned towards the on!o'in& )ehi!les fro' %ehind. 9ourth, no !on)in!in& e)iden!e was $resented to re%ut Glenn(s testi'on# that he had %een 'o'entaril# %linded %# the )er# %ri&ht and &larin& li&hts of the on!o'in& )ehi!le at the o$$osite dire!tion as his tru!k rounded the !ur)e. 8e 'ust ha)e %een still reelin& fro' the %lindin& effe!t of the li&hts !o'in& fro' the other )ehi!le when he $lowed into the &rou$ of $oli!e trainees. Indeed, as $ointed out %# a$$ellant, instin!t tells one ?to sto$ or swer)e to a safe $la!e the 'o'ent he sees a !ow, do&, or !at on the road, in order to a)oid %u'$in& or killin& the sa'e;< and 'ore so if the one on the road is a $erson. It would therefore %e in!on!ei)a%le for G>E++, then a #oun& !olle&e &raduate with a $re&nant wife and three )er# #oun& !hildren who were de$endent on hi' for su$$ort, to ha)e deli%eratel# hit the &rou$ with his tru!k. e are !on)in!ed that the in!ident, tra&i! thou&h it was in li&ht of the nu'%er of $ersons killed and seriousl# in0ured, was an a!!ident and not an intentional felon#. It is si&nifi!ant to note that there is no shred of e)iden!e that G>E++ had an a1e to &rind a&ainst the $oli!e trainees that would dri)e hi' into deli%eratel# hittin& the' with intent to kill. Glenn(s offense is in failin& to a$$l# the %rakes, or to swer)e his )ehi!le to the left or to a safe $la!e the 'o)e'ent he heard and felt the first %u'$in& thuds. 8ad he done so, 'an# trainees would ha)e %een s$ared. he test for deter'inin& whether a $erson is ne&li&ent in doin& an a!t where%# in0ur# or da'a&e results to the $erson or $ro$ert# of another is this: Could a $rudent 'an, in the $osition of the $erson to who' ne&li&en!e is attri%uted, foresee har' to the $erson in0ured as a reasona%le !onse2uen!e of the !ourse a!tuall# $ursued@ If so, the law i'$oses a dut# on the a!tor to refrain fro' that !ourse or to take $re!autions to &uard a&ainst its 'is!hie)ous results, and the failure to do so !onstitutes ne&li&en!e. Reasona%le foresi&ht of har', followed %# the i&norin& of the ad'onition %orn of this $re)ision, is alwa#s ne!essar# %efore ne&li&en!e !an %e held to e1ist. G>E++ showed an ine1!usa%le la!k of $re!aution. Arti!le 35 of the Re)ised *enal Code states that re!kless i'$ruden!e !onsists in )oluntaril#, %ut without 'ali!e, doin& or failin& to do an a!t fro' whi!h 'aterial da'a&e results %# reason of ine1!usa%le la!k of $re!aution on the $art of the $erson $erfor'in& or failin& to $erfor' su!h a!t, takin& into !onsideration - his e'$lo#'ent or o!!u$ation< his de&ree of intelli&en!e< his $h#si!al !ondition< and 3 other !ir!u'stan!es re&ardin& $ersons, ti'e and $la!e.
G>E++, %ein& then a #oun& !olle&e &raduate and an e1$erien!ed dri)er, should ha)e known to a$$l# the %rakes or swer)e to a safe $la!e i''ediatel# u$on hearin& the first %u'$in& thuds to a)oid further hittin& the other trainees. B# his own testi'on#, it was esta%lished that the road was sli$$er# and sli&htl# &oin& downward< and, worse, the $la!e of the in!ident was fo&&# and dark. 8e should ha)e o%ser)ed due !are in a!!ordan!e with the !ondu!t of a reasona%l# $rudent 'an, su!h as %# sla!kenin& his s$eed, a$$l#in& his %rakes, or turnin& to the left side e)en if it would 'ean enterin& the o$$osite lane there %ein& no e)iden!e that a )ehi!le was !o'in& fro' the o$$osite dire!tion. It is hi&hl# $ro%a%le that he was dri)in& at hi&h s$eed at the ti'e. And e)en if he was dri)in& within the s$eed li'its, this did not 'ean that he was e1er!isin& due !are under the e1istin& !ir!u'stan!es and !onditions at the ti'e. Considerin& that the in!ident was not a $rodu!t of a 'ali!ious intent %ut rather the result of a sin&le a!t of re!kless dri)in&, G>E++ should %e held &uilt# of the !o'$le1 !ri'e of re!kless i'$ruden!e resultin& in 'ulti$le ho'i!ide with serious $h#si!al in0uries and less serious $h#si!al in0uries .
