EDWIN TABAO v. PEOPLE OF THE PHILIPPINES G.R. No. 187246, 20 July 2011, SEOND DI!ISION "B#$o%, J .& .& Edwin Tabao (Tabao) was driving his Toyota Corolla car along Governor Forbes corner G. Tuazon Street towards Nagtahan when it suddenly ramed on an island divider! buming "ochelle #anete (#anete) who was crossing the street. #anete was thrown into the middle o$ the street! landing on her bac%. Therea$ter! #eonardo &endez' (&endez) seeding blue Toyota Corona car ran over #anete's body. &endez! Francisco Cielo (Cielo)! a newsaer boy who heled &endez! brought #anete to the ST osital. The ne*t day she died. The +$$ice o$ the City ,rosecutor charged Tabao! etitioner herein! and &endez with rec%less imrudence resulting to homicide. The "egional Trial Court ("TC) rendered a decision convicting Tabao and &endez o$ the crime charged. -t $ound that the etitioner's car $irst hit the victim! causing her to be thrown into the road on her bac%! and that &endez' car ran over her as a s she was w as lying down. -t held that the two $ailed to observe the necessary recaution and due care in oerating their resective vehicles! to wit the etitioner was not attentive to his driving such that he $ailed to see the island divider and bumed "ochelle/ &endez was driving his car too $ast at nighttime such that he was unable to avoid running over her as her body lay rone on the street. +n aeal! the Court o$ 0eals (C0) a$$irmed the "TC! with modi$ication only as to the enalty. Tabao moved to reconsider the C0's decision! but it was denied. Tabao $iled b e$ore the Court a etition $or revi review ew on cert certio iora rari. ri. The The eti etiti tion on was was deni denied ed.. Ther Therea ea$t $ter er!! Taba Tabao o $ile $iled d the the res resen entt moti motion on $or $or reconsideration. I''u() 1hether or not Tabao is guilty guilty o$ the crime charged charged H(l*) ,etition DENIED. DENIED. 0$ter a care$ul review o$ the records! we see no reason to overturn the lower courts' $actual $indings that $ound the etitioner guilty o$ the crime charged. "ec%less imrudence! generally de$ined by our enal law! consists in voluntarily! but without malice! doing or $ailing to do an act $rom which material damage results by reason o$ ine*cusable lac% o$ recaution on the art o$ the erson er$orming or $ailin $ailing g to er$or er$orm m such such act! act! ta%in ta%ing g into into consid considera eratio tion n his emloym emloyment ent or occua occuatio tion! n! degree degree o$ intelligence! hysical condition and other circumstances regarding ersons! time and lace. -mrudence connotes a de$iciency o$ action. -t imlies a $ailure in recaution or a $ailure to ta%e the necessary recaution once the danger or eril becomes $oreseen. Thus! in order $or conviction to be decreed $or rec%less imrudence! the material damage su$$ered by the victim! the $ailure in recaution on the art o$ the accused! and the direct d irect lin% between b etween material damage damage and $ailur $ailuree in recau recautio tion n must must be establ establish ished ed beyond beyond reason reasonabl ablee doubt. doubt. 1e are morall morally y convinced that all three were established in this case in accordance with the re2uired level o$ evidence in criminal cases. The $act o$ #anete's death was stiulated during re3trial! as well as duly established during trial. 1hat remain to be roven beyond reasonable doubt are the ine*cusable lac% in recaution on the art o$ the etitioner and the direct lin% o$ his negligence to the victim's death.
0 motorist is e*ected to e*ercise ordinary care and drive at a reasonable rate o$ seed commensurate with all the conditions encountered! to enable him to %ee the vehicle under control and! whenever necessary to ut the vehicle to a $ull sto to avoid in4ury to others using the highway. -t has not escaed our notice that the intersection o$ Governor Forbes Street and G. Tuazon Street is ad4acent to the vicinity o$ the incident. 0 driver aroaching an intersection is generally under duty! among others! to %ee and maintain his vehicle under control so he can! i$ needed! sto at the shortest ossible notice. +rdinary or reasonable care in the oeration o$ a motor vehicle at an intersection would naturally re2uire more recaution than is necessary when driving elsewhere in a street or highway.
