Supreme Court dismisses 2004 case against Jason Ivler; Marlene Aguilar says, "Justice is served"
Citing double jeopardy, the Supreme Court has dismissed the case filed against Jason Ivler, which is connected to the death of presidential adviser Nestor Ponce in 2004. Inquirer.net reports that Ivler has been cleared of the charge of reckless imprudence resulting in homicide and damage to property.
In August 2004, the vehicle Ivler was driving crashed into Ponce’s Isuzu Trooper, according to PEP.ph. Ponce died and his wife Evangeline, who was in the car with him, sustained injuries. For Ponce’s death and his wife’s injuries, two cases were filed against Ivler, which were both based on "Imprudence and Negligence," Article 365 of the Revised Penal Code.
The next month, Ivler pleaded guilty to the case filed by Evangeline, reckless imprudence resulting in slight physical injuries. He then petitioned to have the charge against him for Ponce’s death dropped. He cited Section 21, Article III of the Philippine Constitution: "No person shall be twice put in jeopardy of punishment for the same offense."
Ivler’s petition went all the way to the Supreme Court who granted it on November 24, 2010. "We hold that prosecutions under Article 365 should proceed with a single charge regardless of the number or severity of the consequences," said the Supreme Court decision. "Justice is served," Ivler’s mother Marlene Aguilar-Pollard told PEP.ph.
However, the dismissal does not mean Ivler will be released from jail. "The present decision... has nothing to do with the shooting of the son of (former Presidential Chief of Staff Undersecretary) Renato Ebarle Sr., which is why Ivler is being detained," Supreme Court spokesperson and administrator Midas Marquez told Inquirer.net.
"One down, two to go," Pollard relayed what her son said to Inquirer.net and PEP.ph. She was referring to the murder charge for Ebarle Jr.’s death and assault charges filed by two National Bureau of Investigation agents, who were wounded in a shootout during Ivler’s arrest.
QTV video: NBI agents exchange fire with Jason Ivler during his arrest