The Supreme Court has dismissed the first charge of homicide case for Jason Ivler regarding his road rage offense killing former Malacañang adviser Nestor Ponce Jr.
Associate Justice Antonio Carpio penned a 28 page decision stating that Ivler cannot be tried for the crime of reckless imprudence resulting in homicide and damage to property, as he had already been convicted of reckless imprudence resulting in slight physical injuries for the same incident.
Section 21, Article III of the 1987 Constitution states that “no person shall be twice put in jeopardy of punishment for the same offense.”
In August 2004, Ivler’s vehicle rammed into Ponce’s vehicle in Pasig City where the latter died in the incident. Ponce’s wife, Evangeline, sustained injuries.
Ivler then made headlines in 2009 after he was arrested for the road rage killing of Renato Ebarle Jr., son of former presidential chief of staff Renato Ebarle Sr.
Soon after hiding to trials, he was called fugitive. He was arrested in January 2010 at the basement of his home in Quezon City.
Ivler was charged before the Pasig City Metropolitan Trial Court (MeTC) for the following offenses:
-Reckless imprudence resulting in homicide and damage to property (Case No. 82366) for Nestor Ponce’s death and wreckage of his vehicle;
-Reckless imprudence resulting in slight physical injuries (Criminal Case No. 82367) for the injuries sustained by Evangeline Ponce.
On September 7, 2004, Ivler pleaded guilty to the second charge. He was later convicted and received the penalty of public censure.