Accidents And Jail

[scott h]

Here's a question for you all. I read the paper here daily, and almost daily there is a report of a vehicle accident and a fatality. Even as you read the story it sometimes appears the dead guy was at fault. For example a motorcycle swerves and falls in front of a bus with the expected results. Its seems that if a driver of the other vehicle lives, they are almost always placed under arrest for some type of wrongful death.

 

NOW THE QUESTION: Is it know if the driver is placed under arrest just to make sure he is available for the investigation and doesn't just disappear. Or are they really charged and tried because if you survive you MUST be at fault?

 

You never see follow up stories except for the sensational accidents. Just curious.

[MikeB]

Unless the victim is someone of importance there is no investigation. The system is based upon the participants working it out amongst themselves, if that doesn't happen complaints are filed and counter-filed and some time in the far future, after many delays, the case might come to trial. Could take years and both parties know that so it's mutually beneficial to try to work it out and keep it out of the courts. Drive carefully. 

[scott h]

Yes, but at least the newspaper reports almost always state "so and so (and they almost always name names and ages) was arrested and charged with..............

 

So is the case dropped? Charges dismissed?

[MikeB]

I suspect some are settled and some make their slow way through the system.  

[Jake]

Here's a question for you all. I read the paper here daily, and almost daily there is a report of a vehicle accident and a fatality. Even as you read the story it sometimes appears the dead guy was at fault. For example a motorcycle swerves and falls in front of a bus with the expected results. Its seems that if a driver of the other vehicle lives, they are almost always placed under arrest for some type of wrongful death.

 

NOW THE QUESTION: Is it know if the driver is placed under arrest just to make sure he is available for the investigation and doesn't just disappear. Or are they really charged and tried because if you survive you MUST be at fault?

 

You never see follow up stories except for the sensational accidents. Just curious.

Hey Soldier,

 

Dang, you opened up a can of worms.  I myself have research the term reckless imprudence as define

in the Philippine penal code.  I am still thoroughly confused.  For example, this article writing by a lawyer

representing his client in a traffic fatality, requires the best minds in how to decipher the dam thing.  Can

you guys figure this out?  Excerpts taken from http://attylaserna.blogspot.com/2013/12/reckless-imprudence-right-of-way.html

 

"Reckless imprudence consists in voluntarily, but without malice, doing or failing to do an act from which material damage

results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking

into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding

persons, time and place"

 

OK, I said to myself.....what about the word involuntarily as in an event based on purely by accident and 

without malice.  Is there a lesser degree of reckless imprudence?  Degree of intelligence -- what is that

all about?  At any rate, it really depends on what MIkeB alluded to, is to negotiate on the spot, with no

police involvement.  Of course either party can pay to the lowest-highest bidder (eye witnesses, police

and lawyers) to gain advantage on your behave.  

 

I strongly recommend to build connections within your local area.  A bottle of Fundadore to the police

chief and your attorney may save your ass one day.  Dealing with Philippine local laws.....jungle rules

apply here, I'm sorry to say. 

 

Respectfully -- Jake

DISCLAIMER -- this forum does not condone the practice of fixers or any illegal connections with the law.

Edited May 1, 2014 by Jake
spil chek

[MikeB]

Below is the tragic story of 3 high school girls who were struck by a car and killed walking home in Boljoon last February. I believe a 4th one died a month or so later but I can't find the story. The driver was charged and posted p30k bail. There were 2 other girls who were seriously injured but survived. All the families but one said they would not file charges if the driver or the company would pay for all the burial or medical expenses. The one family said they would not settle regardless of payment so eventually it will go to trial and perhaps it will be in the paper.

"3 girls hit, killed 

A SEDAN hit a group of high school students as they walked home in the southern town of Boljoon, Cebu last Thursday afternoon, killing three seniors and wounding three of their friends. The girls from the Boljoon National High School were walking on the side of the road when the accident took place at 4:05 p.m. in Barangay Poblacion, police said. A silver Toyota Vios (TCQ-652) driven by medical representative Al-Dhinier Hadjula Sanaani, 26, suddenly swerved and flipped over on the Lusapon Bridge, before hitting the teenagers. SPO3 Roderick Roma, chief investigator of the Boljoon Police Station, said three of the girls were thrown from the bridge and hit the riverbed, about 15 meters below.

Judy Ann Lomera, 18, was killed on the spot. Her classmate Cristy Marie Estella, 18, died in the ambulance while being rushed to Cebu City and Joanne Marie Romero, 16, succumbed to severe injuries in the Chong Hua Hospital past 10 p.m. that same day. One of the girls’ families plans to file a criminal complaint of reckless imprudence resulting to multiple homicide against Sanaani. The three were best friends and were set to graduate together in March. Romero was a niece of Senior Insp. David Senyor, head of Police Station 2 of the Cebu City Police Office (CCPO). The girls who survived were identified as Nice Ancheta, 15; Melissa Mendez, 14, and her cousin Kynth Marie Mendez, 14. They are sophomores. SPO3 Roma told Sun.Star Cebu the girls are confined in Chong Hua Hospital, where Melissa is reportedly in critical condition. The driver, for his part, remains confined in the Cebu Doctors’ Hospital after suffering from hypertension and bruises. He is reportedly accompanied by a police officer."

<more>

http://www.sunstar.com.ph/cebu/local-news/2014/02/08/3-girls-hit-killed-327245

[Mike S]

OK ..... I agree with most of what was posted above .... BUT ..... what about the guy who through no fault of his own is involved with the death of someone else .... you surely can't settle on the spot the person is dead ..... point in question .... here last year a car full of drunk men tried to pass and ran into a truck coming from the other direction (it could have just as easily been me in a car) .... all 4 drunks were killed but the driver of the truck was arrested and charged .... he was later released but was told the families wanted him to pay for ALL the expenses .....

 

My point is why was he arrested and charged (I assume it's now on his record) and why should HE have to shoulder the expenses of someone who 1) was drunk ..... 2) driving on the wrong side of the road ..... and 3) speeding ..... but I guess that is life in the Philippines .... just another of those unexplained occurrences ....  :thumbsup:  :hystery: :hystery:

:cheersty:

[Thomas]

taking into consideration his employment or occupation, degree of intelligence

Meaning "if a person is stupid, he can't be punnished for driving stupid" ?   :mocking:

[i am bob]

OK ..... I agree with most of what was posted above .... BUT ..... what about the guy who through no fault of his own is involved with the death of someone else .... you surely can't settle on the spot the person is dead ..... point in question .... here last year a car full of drunk men tried to pass and ran into a truck coming from the other direction (it could have just as easily been me in a car) .... all 4 drunks were killed but the driver of the truck was arrested and charged .... he was later released but was told the families wanted him to pay for ALL the expenses .....

 

My point is why was he arrested and charged (I assume it's now on his record) and why should HE have to shoulder the expenses of someone who 1) was drunk ..... 2) driving on the wrong side of the road ..... and 3) speeding ..... but I guess that is life in the Philippines .... just another of those unexplained occurrences ....  :thumbsup:  :hystery: :hystery:

:cheersty:

Hey Mike!

 

If this is the one I am thinking about, nobody could prove who was a fault...  No identifiable skid marks, no witnesses, etc.  Anyway, the families of the dead men pressed charges against the driver of the truck because they did not have the money for burial expenses and were hoping to get them through the courts.  If they lost?  They would not be any broker but if they won?  Hmmm...

 

:rolleyes:

[Mike S]

If this is the one I am thinking about, nobody could prove who was a fault.

 

No there were witnesses as the fools tried to pass a bus if I remember right (memory is not my strong suite) .... plus they were on the wrong side of the road ..... 

:cheersty: