17 REODICA VS.
CA
G.R. No. 125066. July 8, 1998
TOPIC: Complex crime
DOCTRINE: Art. 48 on penalty for complex crime provides that when a single act
constitutes two or more grave or less grave felonies, or when an offense is necessary
a means for committing the other, the penalty for the most serious crime shall be
imposed, the same to be applied in its maximum period. Both offenses cannot
constitute a complex crime because reckless imprudence resulting to slight physical
injuries is not either a grave or less grave felony. Therefore, each felony should be
filed as a separate complaint subject to distinct penalties.
ER: Petitioner was driving recklessly when it hit the car of Bonsol. She was charged
with Reckless Imprudence Resulting in Damage to Property with Slight Physical Injury
before the MeTC. She contends that there was an error in making the two crimes
complex. SC ruled in her favor. Art. 48 provides that if one offense is light, there is no
complex crime = there must be two or more grave or less grave felonies for a complex
crime to be committed.
FACTS:
 On the evening of 17 October 1987, Petitioner Isabelita Reodica was driving
a van along Doña Soledad Avenue, Better Living Subdivision, Parañaque.
o Allegedly because of her recklessness, her van hit the car of
complainant Norberto Bonsol.
o As a result, complainant sustained physical injuries, while the
damage to his car amounted to P8,542.00.
 Thus, on 20 October 1987, complainant filed an Affidavit of Complaint
against petitioner with the Fiscal's Office. Later, on 13 January 1988, an
information was filed before the RTC charging petitioner with "Reckless
Imprudence Resulting in Damage to Property with Slight Physical Injury."
 Upon arraignment, petitioner pleaded not guilty to the charge. Trial then
ensued.
 RTC RULING: Convicted petitioner of the "quasi offense of reckless
imprudence resulting in damage to property with slight physical injuries,"
and sentencing her to suffer imprisonment of six (6) months of arresto
mayor, and to pay the complainant, Norberto Bonsol y Atienza, the sum of
P13,542, representing the cost of the car repairs (P8,542.00) and medical
expenses (P5,000.00) without subsidiary impairment in case of insolvency;
and to pay the costs.
 CA RULING: Affirmed RTC.
 Petitioner filed for MR where: “Now that an acquittal seems impossible, may
we revisit the penalty and move that it be reviewed and set aside since it is
respectfully submitted to be error to complex damage to property and
slight physical injuries, as both are light offenses, over which the
respondent court had no jurisdiction and even assuming such jurisdiction, it
cannot impose a penalty in excess of what is authorized by law.” = DENIED
ISSUE: W/N CA erred when it affirmed RTC in complexing the crime of reckless
imprudence resulting in damage to property and slight physical injuries imposing a
single excessive penalty – YES
The proper penalty for reckless imprudence resulting in slight physical injuries is
public censure, this being the penalty next lower in degree to arresto menor.
 Article 9, paragraph 3, of the Revised Penal Code defines light felonies as
infractions of law carrying the penalty of arresto menor or a fine not
exceeding P200.00, or both = Hence, this is a LIGHT FELONY.
The imposable penalty for reckless imprudence resulting in damage to property to the
extent of P8,542.00 would be arresto mayor in its minimum and medium periods.
 Since arresto mayor is a correctional penalty under Article 25 of the Revised
Penal Code = Hence, this is a LESS GRAVE FELONY.
If a reckless, imprudent or negligent act, results in two or more grave or less grave
felonies, a complex crime is committed.
 However, in Lontok v. Gorgonio, this Court declared that where one of the
resulting offenses in criminal negligence constitutes a light felony, THERE IS
NO COMPLEX CRIME.
 Thus, applying Article 48, it follows that if one offense is light, there is no
complex crime.
 The resulting offenses may be treated as separate or the light felony may
be absorbed by the grave felony. Thus, the light felonies of damage to
property and slight physical injuries, both resulting from a single act of
imprudence, do not constitute a complex crime. They cannot be charged in
one information. They are separate offenses subject to distinct penalties
(People vs. Turla).
 Where the single act of imprudence resulted in double less serious physical
injuries, damage to property amounting to P10,000 and slight physical
injuries, a chief of police did not err in filing a separate complaint for the
slight physical injuries and another complaint for the lesiones menos graves
and damage to property.
On the issue of jurisdiction:
Jurisdiction of the court is determined by the duration of the penalty and the fine imposed as prescribed
by law to the offense charged. Reckless imprudence resulting to slight physical injuries and reckless
imprudence resulting to damage to property is within the jurisdiction of the MTC.
The case was dismissed due to lack of jurisdiction of the RTC of Makati and the decision of the CA was set
aside.