Gan vs CA

Hedy Gan y Yu vs CA
No. L-44264. 19 Sept 1988.

Ponente: Fernan, C.J.:

Facts: In the morning of 4 July 1972, the accused Hedy Gan was driving along North Bay Boulevard, Tondo, Manila. There were two vehicles parked on one side of the road, one following the other. As the car driven by Gan approached the place where the two vehicles were parked, there was a vehicle coming from the opposite direction, followed by another which tried to overtake the one in front of it thereby encroaching the lane of the car driven by Gan. To avoid a head-on collision, Gan swerved to the right and as a consequence, hit an old man who was about to cross the street, pinning him against the rear of one of the parked vehicles. The force of the impact caused the parked vehicle to move forward hitting the other parked vehicle in front of it. The pedestrian was injured, Gan's car and the two parked vehicle suffered damages. The pedestrian was pronounced dead on arrival at the hospital.
Gan was convicted of Homicide thru reckless imprudence. On appeal, CA modified the trial court's decision convicting Gan of Homicide thru simple imprudence.

Issue: WON CA erred in convicting petitioner Gan for Homicide thru simple imprudence.

Ruling: SC reversed CA's decision, acquitting petitioner.
Under the emergency rule, one who suddenly fonds himself in a place of danger, and is required to act w/o tme to consider the best means that may be adopted to avoid the impending danger, is not guilty of negligence, if he fails to adopt what subsequently and upon reflection may appear to have been a better method, unless the emergency in which he finds himself is brought about by his own negligence.
Applying the above test to the case at bar, the SC finds the petitioner not guilty of the crime of simple imprudence resulting in Homicide.

*Daniq*