DELA CRUZ, EILEEN EIKA M.

DIGEST

CASE

G.R. No. 172716.November 17, 2010.*

JASON IVLER y AGUILAR, petitioner, vs. HON. MARIA ROWENA MODESTO-SAN

PEDRO, Judge of the Metropolitan Trial Court, Branch 71, Pasig City, and
EVANGELINE PONCE, respondents.
FACTS:
Following a vehicular collision in August 2004, petitioner Jason Ivler (petitioner) was charged before
the Metropolitan Trial Court of Pasig City, Branch 71 (MeTC), with two separate offenses: (1) Reckless
Imprudence Resulting in Slight Physical Injuries (Criminal Case No. 82367) for injuries sustained by
respondent Evangeline L. Ponce (respondent Ponce); and (2) Reckless Imprudence Resulting in Homicide
and Damage to Property (Criminal Case No. 82366) for the death of respondent Ponces husband Nestor C.
Ponce and damage to the spouses Ponces vehicle. Petitioner posted bail for his temporary release in both
cases.
On 7 September 2004, petitioner pleaded guilty to the charge in Criminal Case No. 82367 and was
meted out the penalty of public censure. Invoking this conviction, petitioner moved to quash the
Information in Criminal Case No. 82366 for placing him in jeopardy of second punishment for the same
offense of reckless imprudence.
After unsuccessfully seeking reconsideration, petitioner elevated the matter to the Regional Trial
Court of Pasig City, Branch 157 (RTC), in a petition for certiorari (S.C.A. No. 2803). Meanwhile, petitioner
sought from the MeTC the suspension of proceedings in Criminal Case No. 82366, including the
arraignment on 17 May 2005, invoking S.C.A. No. 2803 as a prejudicial question. Without acting on
petitioners motion, the MeTC proceeded with the arraignment and, because of petitioners absence,
cancelled his bail and ordered his arrest.
Seven days later, the MeTC issued a resolution denying petitioners motion to suspend proceedings
and postponing his arraignment until after his arrest. Petitioner sought reconsideration but as of the filing
of this petition, the motion remained unresolved.
Relying on the arrest order against petitioner, respondent Ponce sought in the RTC the dismissal of
S.C.A. No. 2803 for petitioners loss of standing to maintain the suit. Petitioner contested the motion.

ISSUES:
(1) Whether petitioner forfeited his standing to seek relief in S.C.A. 2803 when the MeTC ordered his
arrest following his non-appearance at the arraignment in Criminal Case No. 82366;
(2) Whether petitioners constitutional right under the Double Jeopardy Clause bars further
proceedings in Criminal Case No. 82366.

HELD:
(1) Petitioners non-appearance at the arraignment in Criminal Case No. 82366 did not divest him of
personality to maintain the petition in S.C.A. 2803;
Section 8, Rule 124, in the provision states: Dismissal of appeal for abandonment or failure to
prosecute.x x x x
Section 1, Rule 125, of the Revised Rules on Criminal Procedure authorizing this Court or the Court
of Appeals to also, upon motion of the appellee or motu proprio, dismiss the appeal if the appellant
escapes from prison or confinement, jumps bail or flees to a foreign country during the pendency of the
appeal.
(2) The protection afforded by the Constitution shielding petitioner from prosecutions placing him in
jeopardy of second punishment for the same offense bars further proceedings in Criminal Case No.
82366.
Prosecutions under Article 365 should proceed from a single charge regardless of the number or
severity of the consequences. In imposing penalties, the judge will do no more than apply the penalties

DELA CRUZ, EILEEN EIKA M.

DIGEST

CASE

under Article 365 for each consequence alleged and proven. In short, there shall be no splitting of charges
under Article 365, and only one information shall be filed in the same first level court.
WHEREFORE, we GRANT the petition. We REVERSE the Orders dated 2 February 2006 and 2 May 2006 of
the Regional Trial Court of Pasig City, Branch 157. We DISMISS the Information in Criminal Case No. 82366
against petitioner Jason Ivler y Aguilar pending with the Metropolitan Trial Court of Pasig City, Branch 71 on
the ground of double jeopardy.
Let a copy of this ruling be served on the President of the Senate and the Speaker of the House of
Representatives.
SO ORDERED.