Biyernes, Marso 6, 2020

People vs Cano 17 SCRA 237 [Case Digest]


71 – Quasi Offense
People vs Cano
17 SCRA 237 [Case Digest]


Image result for La Mallorca Pambusco
Image result for Philippine Rabbit Bus



Facts:
September 21, 1960, on the National Highway at San Isidro, municipality of San Fernando, Province of Pampanga, accused Ambrocio Cano, being then the driver and person in charge of La Mallorca Pambusco bus with body No. 846, drive, manage and operate said vehicle in a careless, negligent and imprudent manner, causing, as a result thereof the said bus driven by him to hit and bump a Philippine Rabbit Bus with body No. 257, then driven by Clemente Calixto, thereby causing damages to the said Philippine Rabbit Bus in the amount of P5,023.55, and on the same occasion inflicting physical injuries to the passengers of the said buses.


Issue:
            Whether or not reckless imprudence is a crime in itself


Held:
            No.


Ratio:
The proposition that "reckless imprudence is not a crime in itself but simply a way of committing it and merely determines a lower degree of criminal liability" is too broad to deserve unqualified assent.  In intentional crimes, the act itself is punished; in negligence or imprudence, what is principally penalized is the mental attitude or condition behind the act, the dangerous recklessness, lack of care or foresight, the "imprudencia punible." Much of the confusion has arisen from the common use of such descriptive phrases as "homicide through reckless imprudence", and the like; when the strict technical offense is more accurately, "reckless imprudence resulting in homicide", or "simple imprudence causing damages to property."





Submitted by:  G-one T. Paisones
Submitted to: Atty. Cisco Franz S. Maclang
 


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