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Facts On or about 6:40 oclock in the evening of February 25, 2010 along Mckinley Street, Poblacion, Binalonan, Pangasinan;

Irenio/Erinio Hidalgo y Cabugo being the driver of a Honda Motorized Tricycle bearing the plate no. AK9335, in violation of the Land Transportation and Traffic Code, knowing and disregarding existing traffic rules and regulations; lacking of foresight and precaution to avoid accident did then and there unlawfully and criminally drive, manage and operate said tricycle, in reckless, careless and imprudent manner and as a consequence thereof, hit and bumped a pedestrian, Vina Bindoy resulting to her death, and failed to lend assistance on the spot to the latter, such help as may be in his hands to give, to the damage and prejudice of heirs of said Vina Bindoy. He committed a crime against Article 365, Imprudence and negligence resulting to homicide with aggravating circumstance of failure to lend on the spot to the injured parties such help as may be in his hands to give. Issue Whether or not the said crime of reckless imprudence resulting homicide is with the jurisdiction of the Municipal Trial Court or the Regional Trial Court. Decision Art. 365 of the Revised Penal Code says that any person who, by reckless imprudence shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period to prision correccional in its medium period. Under the rules of law, the period for this offense is from 4 months and 1 day to 4 years and 3 months. (Reyes, L. [1981]. Revised Penal Code) Similarly, it is said in Sec. 32 of Remedial Law that offenses punishable with imprisonment of not exceeding four years and two months is within the exclusive jurisdiction of the Municipal Trial Court. (Herrera, O.[1994].Remedial Law). However, since the accused failed to lend help on the spot to the injured parties as his hand may give, this has given a ground for an aggravating circumstance that will elevate the period allotted for the offense committed. According to Article 365 the penalty next higher in degree to those provided for in this article shall be imposed upon the offender who fails to lend on the spot to the injured parties such help as may be in his hands to give. (As amended by Rep. Act No. 1790). The penalty next higher in degree is prision correccional and destierro which is from 6 months and 1 day to 6 years. This changes the jurisdiction of the case from Municipal Trial Court to Regional Trial Court. According to Art. 20, trial courts shall exercise original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter. (Herrera, O.[1994].Remedial Law) In the case of Tulor v. Hon. Garcia, the question was whether or not the Municipal trial court has jurisdiction over the case of Alfredo y Tulor regarding the crime of reckless imprudence resulting in homicide with multiple serious physical injuries and damage to property. Under Article 48 of the Revised Penal Code, in a prosecution for a complex crime constituted by two (2) or more grave or less grave felonies, the penalty for the most serious

crime is to be imposed, the same to be applied in its maximum period . Since the maximum fine imposable in the present case is P54,000.00, and the maximum imprisonment imposable (for the homicide through reckless imprudence) is six (6) years, the criminal charge falls outside the jurisdiction of the Municipal Trial Court and consequently within the jurisdiction of the Regional Trial Court of San Fernando, Pampanga. ( Alfredo Cuyos y Tulor v Hon. Nicolas P. Garcia, Presiding Judge, Municipal Court, San Fernando, Pampanga and THE PEOPLE OF THE PHILIPPINES. G.R. No. L-46934. April 15, 1988) The Supreme Court has no jurisdiction of the crime charged, slight physical injuries thru reckless imprudence. There was no application of due process of law since the Court of Appeals failed to reserve the resolution filed thereof. The Court can only acquire jurisdiction once the case has been heard on its merits and decision is rendered thereon. Once due process of law is observed, only then can the Court try the defendant for damage to property and serious or less serious physical injuries thru reckless negligence. (The People of the Philippines vs. Ambrocio Cano y Pineda. G.R. No. L-19660, May 24, 1966.)