Ivler cleared in 2004 death of Palace executive

MANILA, Philippines – The Supreme Court has cleared road rage suspect Jason Ivler of a criminal charge in connection with a car accident that killed former Palace executive Nestor Ponce in C-5 flyover in Ortigas in 2004.

In a 28-page decision released yesterday, the High Court ordered the dismissal of the case for reckless imprudence resulting to homicide and damage to property filed against Ivler.

The SC cited as basis the double jeopardy clause in the constitution, which gives right of the accused not to be charged twice for the same offense after an acquittal or conviction on the first case. It explained that Ivler was already convicted on another charge of reckless imprudence resulting to slight physical injuries arising from the same incident, where Ponce’s wife Evangeline and another passenger were also hurt.

“Our ruling today secures for the accused facing an Article 365 (of Revised Penal Code) charge a stronger and simpler protection of their constitutional right under the Double Jeopardy Clause,” stated the ruling penned by Senior Associate Justice Antonio Carpio.

“True, they are thereby denied the beneficent effect of a favorable sentencing formula under Article 48, but any disadvantage thus caused is more than compensated by the certainty of non-prosecution for quasi-crime effects qualifying as light offenses,” it added.

Article 48 of the RPC provides penalties for complex crimes.

Records show that Ivler was charged before the Pasig City metropolitan trial court with two separate offenses as a result of the vehicular accident in August 2004: Reckless imprudence resulting to homicide and damage to property (Case No. 82366) for the death of Ponce, then presidential adviser for settlement, and damage to their vehicle and reckless imprudence resulting to slight physical injuries (Criminal Case No. 82367) for injuries sustained by Mrs. Ponce.

Ivler posted bail for his temporary release in both cases.

Both cases are penalized under Article 365 of the RPC but have different quasi-offenses. A quasi-offense is defined as a negligent unlawful act that cause damage to another and for which the law imposes an obligation for damages.

On Sept. 7, 2004, the accused pleaded guilty to the charge in Case No. 82367 and was meted out the penalty of public censure.

Invoking his right against double jeopardy, Ivler moved to quash the criminal charge sheet in Case No. 82366 after his conviction in the other case. But the MTC junked his motion, prompting his appeal to reach the high court.

Ivler is currently detained at the Quezon City jail while facing trial for allegedly killing the son of former presidential chief of staff Renato Ebarle Sr. over another traffic altercation in November last year.