The Supreme Court has dismissed the homicide case against Jason Ivler for the death of former Malacañang adviser Nestor Ponce Jr. in a road accident involving the suspect, saying he cannot be subjected to a trial twice for the same offense. In a 28-page decision penned by Associate Justice Antonio Carpio, the court ruled 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. Both offenses are punishable under Article 365 of the Revised Penal Code. The Court decision stated: "We hold that prosecutions under Article 365 should proceed from a single charge regardless of the type or severity of the consequences." 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. Ponce died in the incident while his wife, Evangeline, sustained injuries. 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. Ivler then moved for the dismissal of the first charge. Road rage killing Ivler 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. Ivler is detained at the Quezon City jail and is facing a murder case for the younger Ebarle's killing. In a text message to GMANews.TV, Ivler's mother, Marlene Aguilar, said she was elated by the court's decision. "I am happy beyond words and was in tears when I found out. Justice is served. It is the will of heaven," she said. Ivler, an American citizen, was considered a fugitive from justice before Ebarle's killing. When he was prosecuted for Ponce's death, Ivler posted bail for temporary freedom. In an alleged attempt to evade prosecution, he tried to escape to Malaysia by boat but was arrested in Zamboanga City. After failing to show up for hearings related to the "reckless imprudence resulting in homicide" case, Ivler was considered a fugitive. He then hid from authorities, until he was named as the key suspect in Ebarle's death. He was arrested in January 2010 at the basement of his home in Quezon City. His mother, Aguilar, is the sister of singer Freddie Aguilar. – VVP, GMANews.TV 
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