Practice question
A single negligent act causes both personal injuries and property damage. Before any adjudication, the prosecutor proposes one charge alleging all consequences but asks the judge to use Article 48 automatically and punish only the most serious result in its maximum period. Which approach does Ivler require?
- Separate every consequence into a new case.
- Use the Article 48 formula because negligence is always an intentional felony.
- Keep the single charge and apply Article 365's penalty scheme to the consequences alleged and proved, rather than automatically use Article 48.
- Dismiss the case because a charge cannot mention more than one consequence.
- Ignore every result except property damage.
Legal references
- RA 10951, current amended RPC provisions and monetary thresholds: https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html; Section 97, amended Article 365.
- Ivler v Modesto-San Pedro, G.R. No. 172716, November 17, 2010, main decision, one quasi-offense and double jeopardy: https://lawphil.net/judjuris/juri2010/nov2010/gr_172716_2010.html
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