Dayap v. Sendiong, et al.

,
G.R. No. 177960
January 29, 2009

Facts: Dayap was charged with reckless imprudence resulting to homicide, less serious
physical injuries and damage to property. It was alleged that Dayap was the driver of a cargo
truck which figured in an accident with a Colt Galant driven by Sendiong causing instant
death to the latter and less serious physical injuries to the passenger. The MTC granted
Dayaps Demurrer to Evidence and acquitted Dayap. The RTC affirmed the acquittal of Dayap
but ordered the case remanded to the MTC for the hearing of the civil aspect. The Court of
Appeals ruled that there being no proof of the total value of the properties damaged, the
criminal case falls under the jurisdiction of the RTC and the proceedings before the MTC are
null and void.

Issue: Whether or not the MTC has jurisdiction over the complex crime.

Held: Article 365 of the Revised Penal Code punishes such offense with prision
correccional in its medium and maximum periods. The offense Dayap was charged is a
complex crime. Article 48 of the Revised Penal Code provides that the penalty for the most
serious crime shall be imposed. The imposable penalty is prision correccional in its medium
period (2 years, 4 months and 1 day to 4 years) and maximum period (4 years, 2 months and 1
day to 6 years). Thus, taking into account the period of the imposable penalty, jurisdiction is
with the MTC.