NORMAN A. GAID, petitioner, vs. PEOPLE OF THEPHILIPPINES, respondent.

G.R. No. 171636

April 7, 2009
TINGA, J.

FACTS:

PETITION for review on certiorari of the decision and resolution of the Court of Appeals.

On October 25, 2001, on or about 12:00 high noon, the victim Dayata was waiting for a ride
home in front of the gate of Laguindingan National High School, Misamis Oriental when he was run over
by a passenger utility jeep, driven by petitioner. Dayata was dragged to a distance of 5.7 meters from
the point of impact before petitioner stopped the jeep which was running at an estimated speed of 15
kilometers per hour. Petitioner did not get off to attend to the victim; only the conductor did. The
conductor loaded the victim on a motorcycle and brought the victim to the hospital. The victim was
declared dead on arrival. Petitioner claimed that he did not see the victim prior to the accident and was
unaware of how it happened because the passenger jeep was fully loaded.

The Municipal Circuit Trial Court (MCTC) of Laguindingan found petitioner guilty beyond
reasonable doubt of the crime charged. Regional Trial Court (RTC) affirmed in toto the decision of the
MCTC. The Court of Appeals affirmed the trial court’s judgment with modification in that it found
petitioner guilty only of simple negligence resulting in homicide. In its 6 February 2006 Resolution, the
Court of Appeals denied petitioner’s motion for reconsideration.

ISSUE:

Whether or not Gaid is responsible for the death of Dayata?

RULING:

No, the petitioner must be acquitted at least on reasonable doubt. The award of damages was
also deleted pursuant to Article 2179 of the Civil Code which states that when the plaintiff’s own
negligence was the immediate and proximate cause of his injury, he cannot recover damages.

WHEREFORE, the petition is GRANTED. The decision of the Court of Appeals dated 12 July 2005
is REVERSED and SET ASIDE. Petitioner Norman A. Gaid is ACQUITTED of the crime of Simple Negligence
Resulting in Homicide as found by the Court of Appeals and of the charge of Reckless Imprudence
Resulting in Homicide in Criminal Case No.1937 of the MCTC of Laguindingan, Misamis Oriental.