The Supreme Court (SC) ruled that courts must consider voluntary surrender as a mitigating circumstance in cases of reckless imprudence and reduce an offender’s penalty if they do so.

The decision follows Noli Z. Ilon’s conviction for reckless imprudence resulting in homicide. Ilon was speeding in his employer’s car when he crashed into a trisikad, or a bicycle with a mounted sidecar.

Its driver, Lee de la Cruz was thrown by the impact onto the hood of the car before falling on the road and being run over by Ilon. He was rushed to the hospital but succumbed to his injuries and passed the next day.

Ilon then surrendered to police. The Municipal Trial Court and Regional Trial Court found Ilon guilty and sentenced him to imprisonment ranging from two years to three years and six months.

The Court of Appeals (CA) increased the sentence to a minimum of four years and a maximum of 10 years, as Ilon had not assisted de la Cruz and did not consider Ilon’s voluntary surrender as a mitigating circumstance.

Ilon elevated the case to the High Court, asserting that he should not be held liable for de la Cruz’s death as the latter had moved his trisikad to the middle of the road before his passenger alighted.

While the Court rejected his defense, it said that his voluntary surrender entailed a reduced sentence.

“The SC clarified that Ilon’s voluntary surrender should be appreciated as a mitigating circumstance that reduces his penalty,” it said in a statement.

In addition, the SC ruled that Ilon’s failure to assist dela Cruz should not be considered because it was not alleged in the Information or the document handed to Ilon regarding his charges.

“This is consistent with the constitutional right of the accused to be informed of the charges against them,” the High Court said.

Ilon has been sentenced to up to two years and four months in prison and ordered to pay de la Cruz’s heirs ₱629,883.45 in damages.