Practice question
A single reckless-imprudence incident produces death, serious injuries, and slight injuries. The prosecutor uses Article 48 to group the serious consequences but files the slight-injury consequence separately. Under Ivler, what is the central error?
- All negligent consequences automatically become intentional felonies.
- Light injuries must always be prosecuted first.
- The number of victims eliminates Article 365.
- Ivler treats the single Article 365 quasi-offense as indivisible rather than splitting it by importing Article 48’s light-felony exclusion.
- Article 365 never reaches injury to persons.
Legal references
- Revised Penal Code, Article 48 as amended, text and current two-branch rule reproduced in People v Reyes, G.R. No. 260030, May 19, 2025: https://lawphil.net/judjuris/juri2025/may2025/gr_260030_2025.html
- People v Nelmida, G.R. No. 184500, September 11, 2012, en banc main decision, Article 48 and limited Lawas exception: https://lawphil.net/judjuris/juri2012/sep2012/gr_184500_2012.html
- Ivler v Modesto-San Pedro, G.R. No. 172716, November 17, 2010, main decision, Article 365 indivisible quasi-offense distinguished from Article 48: https://lawphil.net/judjuris/juri2010/nov2010/gr_172716_2010.html
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