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Gaid vs. People [DISSENTING OPINION, VELASCO, J.]

NORMAN A. GAID, Petitioner, versus PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 171636 | 2009-04-07

DISSENTING  OPINION
 
VELASCO, JR., J.:

With all due respect to my esteemed colleague, Mr. Justice Tinga, who has, as usual, prepared a well-written and comprehensive ponencia, I regret my inability to share the view that petitioner Norman A. Gaid should be acquitted of the crime of Simple Negligence Resulting in Homicide.

Simple negligence was shown on the part of petitioner at the second stage of the operative events leading to the death of Dayata. The second stage constituted the time between the moment immediately after the victim was run over and the point when petitioner stopped the jeepney.

Article 365 of the Revised Penal Code...