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    Alvero V People Digest

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    Jean Villajuan
    The Supreme Court affirmed the conviction of Lydio Alvero for reckless imprudence resulting in homicide and damage to property. While Alvero alleged the Court of Appeals relied solely on his own testimony, the Supreme Court found that the trial court and appellate court can rely on evidence from the defense in determining negligence. Specifically, the Court found Alvero's own account of swerving into the motorcycle he was overtaking to be an admission of guilt, as his testimony cannot be contested. The Court also upheld compensation of 50,000 pesos to the heirs of one of the victims killed in the accident.

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    Alvero V People Digest

    Uploaded by

    Jean Villajuan
    271 views1 page
    The Supreme Court affirmed the conviction of Lydio Alvero for reckless imprudence resulting in homicide and damage to property. While Alvero alleged the Court of Appeals relied solely on his own testimony, the Supreme Court found that the trial court and appellate court can rely on evidence from the defense in determining negligence. Specifically, the Court found Alvero's own account of swerving into the motorcycle he was overtaking to be an admission of guilt, as his testimony cannot be contested. The Court also upheld compensation of 50,000 pesos to the heirs of one of the victims killed in the accident.

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    Digest

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    Alvero v People Digest

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    The Supreme Court affirmed the conviction of Lydio Alvero for reckless imprudence resulting in homicide and damage to property. While Alvero alleged the Court of Appeals relied solely on his own testimony, the Supreme Court found that the trial court and appellate court can rely on evidence from the defense in determining negligence. Specifically, the Court found Alvero's own account of swerving into the motorcycle he was overtaking to be an admission of guilt, as his testimony cannot be contested. The Court also upheld compensation of 50,000 pesos to the heirs of one of the victims killed in the accident.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    271 views1 page

    Alvero V People Digest

    Uploaded by

    Jean Villajuan
    The Supreme Court affirmed the conviction of Lydio Alvero for reckless imprudence resulting in homicide and damage to property. While Alvero alleged the Court of Appeals relied solely on his own testimony, the Supreme Court found that the trial court and appellate court can rely on evidence from the defense in determining negligence. Specifically, the Court found Alvero's own account of swerving into the motorcycle he was overtaking to be an admission of guilt, as his testimony cannot be contested. The Court also upheld compensation of 50,000 pesos to the heirs of one of the victims killed in the accident.

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    Alvero V People o An accused who waives these rights by speaking to the

    June 8, 2006 police or testifying in court cannot complain that his


    J. Chico-Nazaro statements were used to convict him.
    --------------------------------------------------------------------------------------
    Facts: Other matters:
    Appeal by certiorari under Rule 45 of the ROC from the decision of The prosecution was able to prove the negligence of the
    CA affirming the RTC judgment of conviction and MR of such accused beyond reasonable doubt.
    decision. o The mere fact that a vehicle is trying to overtake
    Information was filed with the RTC of South Cotabato, charging another imposes upon the driver of the
    petitioner Lydio Alvero with the crime of HC with Double Physical overtaking vehicle a far greater amount of
    Injuries and Damage to Properties through Reckless Imprudence. responsibility than is usual, and gives rise to a
    The testimony of the accused consists of: reasonable presumption of negligence on the
    o He was following a motorcycle. part of such person in case of an accident.
    o While he was about to overtake the motorcycle at a crossing The compensation to the heirs of one of the victims
    he bumped the motorcycle on the left of the road. should be P50K pursuant to recent decisions of this
    The swerving of the motorcycle to the left was Court regarding the indemnification to the heirs of
    sudden so he returned to the right as he was already victims in case of death.
    driving his jeep on the left side of the road in the
    process of overtaking the motorcycle.
    o After bumping the motorcycle, the motorcycle was thrown
    out of the road about six meters away.
    TC found the accused guilty. The CA affirmed TC.

    Issue:
    W/N the CA relied solely on the evidence of the accused in finding his guilt?
    NO
    Petitioner alleged that CA relied solely on the evidence of the
    accused in finding his guilt.
    SC held that trial court and CA can rely on the evidence presented
    by the defense in its determination of negligence of the accused.
    o Using pieces of information derived from the evidence of the
    defense is not equivalent to assailing the weaknesses of the
    defense.
    o Incriminating evidence coming from the lips of the accused
    and his witnesses are naturally more damaging to the
    accused.
    o Such evidence has greater weight due to the undisputed
    character of such evidence.
    SC are more inclined to cite defense evidence instead of prosecution
    evidence to prove guilt of the accused, as the former are judicial
    admissions that the accused cannot possibly contest.
    o The accused has been warned that whatever he says
    may and shall be used against him.
    o Before trial, an accused has the right to remain silent.
    But during trial, an accused has the right not to be
    compelled to be a witness against himself.

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