THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. JESUS GUANCO, DEFENDANT AND APPELLANT.

The above-named accused was charged in and convicted by the Justice of the
Peace Court of Hinigaran, Negros Occidental, for violation of Act No. 3992,
otherwise known as the Motor Vehicle Law. He appealed to the Court of First
Instance of said province, and the latter, after due trial, found him guilty of
the offense charged, and sentenced him to pay a fine of P50 with subsidiary
imprisonment in case of insolvency and to pay the costs. He moved for a new
trial which was denied and brought this case on appeal to this Court, mainly on
the ground that he has been placed twice on jeopardy.

It appears that on June 30, 1946, appellant Jesus Guanco drove a jeep in a
public highway between the municipalities of Hinigaran and Pontevedra, Negros
Occidental, carrying fourteen passengers. While on the way, the jeep, which was
being driven by him at a rate of speed prohibited by law, that is, between 50 to
60 miles per hour, after zigzagging, turned turtle into a ditch, and as a result
thereof, four of the passengers were killed.

It further appears that on the day of the accident, Jesus Guanco, being less
than 18 years of age, could not, and did not have the required license to
operate a motor vehicle and thus violated the provisions of Section 27 of Act
No. 3992.

In another case, he was charged in and convicted by the Court of First
Instance of Negros Occidental of multiple homicide through reckless imprudence,
where he was found guilty and sentenced accordingly and from which sentence he
appealed to the Court of Appeals, and the latter, after reviewing the evidence,
affirmed the order of the lower court, and, pursuant to the provisions of
Article 80 of the Revised Penal Code, ordered his commitment to the Training
School for Boys until he shall have reached his majority.

In the case before Us, this appellant admitted having driven the jeep in
question on the day of the accident, without the necessary license, due to the
fact that he was less than 18 years of age. This constitutes a violation of
Section 27 of Act No. 3992, otherwise known as the Motor Vehicle Law. Such
violation is distinct from, and has no connection with the other offense, which
is a violation of paragraph (d) of Section 67 of the same Act, of which
he was found guilty and, under a suspended sentence, committed to the Training
School for Boys.

It is argued by appellant that when he was tried in the other case, for
multiple homicide through reckless imprudence, it was proven that he had driven
the motor vehicle without license, and that fact was mentioned by the court in
its decision as one of the factors indicative of appellant’s negligence. But
upon comparing the allegations contained in the two informations, it is very
clear that under the specific charge made against him in the one case, that of
having operated the jeep in an imprudent and reckless manner, he was responsible
for the death of four of the passengers of the vehicle; while in the information
filed in this case, he was simply charged with having operated a motor vehicle
along the national highway between Hinigaran and Pontevedra, without providing
himself with a license therefor.
Moreover, under Section 68 of the Motor
Vehicle Law, it is provided that—

“Sec. 68. Punishment for other offenses.—The conviction of any
person of any offense under this Act shall not bar prosecution of other offenses
in this Act or elsewhere defined and penalized which may have been committed by
such person concurrently with the commission of the offense of which he was
convicted or in doing the act or series of acts which constituted the offense of
which he was convicted.”

We, therefore, find no merit in the contention of appellant that by his
conviction in the present double case he has been put in double jeopardy, because the
offense
charged in the case at bar is not included in the offense charged in
the other case.

The judgment appealed from is affirmed, with costs.

Moran, C. J., Ozaeta, Pablo, Bengzon, Padilla, Tuason, Montemayor,
and Reyes, JJ., concur.

Paras and Feria, JJ., no part.