- Petitioner
- People
- Respondent
- Restituro Faller
- Citation
- G.R. No. 45964
- Court
- Supreme Court
- Division
- En Banc
- Ponente
- Avanceña, C.J.
- Decided
- April 26, 1939
Whether a defendant can be convicted of damage through reckless imprudence when originally charged with willful and malicious damage to property
Summary
Restituto Faller was charged with willfully and maliciously damaging property but was convicted by the trial court of damage through reckless imprudence under Article 365 of the Revised Penal Code. On appeal, he argued he was convicted of a different crime than charged. The Supreme Court affirmed, holding that reckless imprudence is merely a different way of committing the same crime of property damage, not a separate offense. The Court clarified that reckless imprudence determines only the degree of criminal liability, and the information's allegation of unlawful and criminal acts encompasses negligent conduct. This case establishes that a defendant can be convicted of a lesser degree of the same crime originally charged.