Tricycle driver’s conviction affirmed, with modifications

CEBU, Philippines - The appellate court affirmed with modifications the decision of the trial court convicting a tricycle driver for reckless impudence resulting to homicide for the death of a teacher who was six months pregnant in Ba-lamban, Cebu.

Associate Justice Gabriel Ingles found no mistake in the findings of the trial court as protested by Cosme Artajo, a driver for 27 years. Artajo claimed the prosecution failed to prove his guilt beyond reasonable doubt which warrants his acquittal.

“The assessment of credibility of witnesses made by the trial court is generally accorded great weight and respect in view of its unique opportunity to observe the demeanor of the witnesses during their testimonies. In the absence of any matters of substance which may have been overlooked by the trial court, we find no cogent reason to overturn the findings of facts of the trial court,” the decision reads.

The incident happened on June 24, 2003 at around 6:30 a.m.

Jennifer Sabalande said that together with her two brothers and the victim, Aniza Castillo, an elementary teacher of Cambuhawe Elementary School, they boarded the tricycle driven by the accused-appellant going to school.

Jennifer said while they were heading to Barangay Poblacion, Balamban, she noticed that their vehicle was moving fast.

She said Castillo, who noticed the same, requested the accused-appellant to stop but the latter seemed unaware of Castillo’s request. Thereafter, she said Castillo told accused-appellant to stop at the corner going to Barangay Cambuhawe. However, when the latter stepped on the brakes, the tricycle was lifted from its base and overturned.

She said when she alighted from the tricycle, she saw Castillo pinned under the vehicle with blood flowing from her face and body.

Rusell Lingas, together with the bystanders who witnessed the incident, rushed the victim to the hospital but she was declared dead on arrival.

Reportedly, the accused-appellant ran away from the scene and left his passengers.

For the defense, accused-appellant belied the allegations of the prosecution that he has no driver’s license and he was driving at a fast speed. He said he drove slowly.

He said he heard the victim asked him to stop for her to disembark. He added that he maneuvered the tricycle at the right side of the road when a child suddenly appeared in front of the tricycle he was driving.

Contrary to the statement of the prosecution that he left his passengers, he said he followed the victim to the hospital onboard another vehicle but did not proceed after he learned that the victim was declared dead on arrival and the father of the victim was “furious” at him.

The trial court on September 29, 2009, rendered a decision and found accused-appellant guilty of the crime charged. He was sentenced to suffer the penalty of imprisonment for four to ten years.

He was likewise ordered to pay P100,000 as the actual damages for the death of Castillo; P50,000 as moral damages; P2.2 million for unearned income; P25,000 as temperate damages, another P30,000 as moral damages; P20,000 as attorney’s fee and P5,000 per month as unearned income with subsidiary imprisonment in case of insolvency.

In his 20-page decision, Ingles ruled to affirm the conviction of the accused-appellant however, partially granted the appeal by modifying the penalty of imprisonment and damages.

Instead of four to 10 years, it was reduced to four to seven years imprisonment. For the damages, Ingles sustained the P25,000 as temperate damages but deleted the P100,000 as actual damages.

He awarded the victim P100,000 as moral damages but deleted the P30,000 as moral damages. For the lost income, Ingles reduced it to P1.1 million and sustained the attorney’s fee of P20,000. —MIT (FREEMAN)