The Supreme Court of the Philippines on Monday clarified the rules on modifying circumstances applicable in cases of reckless imprudence resulting in homicide involving a motor vehicle.
These modifying circumstances are factors that may either lessen or increase penalties imposed on the accused.
In its decision, the SC En Banc upheld the conviction of an accused for reckless imprudence resulting in homicide, but reduced the sentence after finding that he voluntarily surrendered to police authorities.
The High Court cited Article 365 of the Revised Penal Code, which defines reckless imprudence as acting without intent to cause harm but still resulting in injury or death due to a clear lack of precaution. It also stressed that motorists are expected to drive at reasonable speeds suited to road and weather conditions, especially near intersections.
The SC clarified that voluntary surrender should be considered a mitigating circumstance that reduces the penalty. It added that while Article 365 generally allows courts to impose penalties without applying the rules on mitigating and aggravating circumstances under Article 64 of the Revised Penal Code, this exemption does not apply when reckless imprudence results in death involving a motor vehicle. Pot Chavez
