Silly laws

[Jollygoodfellow]

I can never understand the mind set in the Philippines regarding things like if you are involved in an accident then even if clearly its not your fault the family of any deceased victim can file charges against you. In this story below the family did not file charges but the person responsible for the death to me is clearly the deceased person but the rider is arrested.

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Man who slept in middle of Bilar highway dies after run over by motorcycle

A man who slept in the middle of a national highway in Bilar town died after he was run over by a motorcycle at dawn on Monday.

According to Senior Master Sgt. Joel Calamba of the Bilar Police Station, the fatality identified as Carlito Macabudbud, a resident of Barangay Bugang Norte in the town was believed to have been drunk when he slept on the road at around 5 a.m.

Macubudbud was allegedly run over by one Eduardo Calamba who claimed that he did not immediately see the victim as it was still dark.

“Banag-banag pa, duol na siya kadtong nabantayan unya imbis nilikay siya ang o naman hinuon naigo,” said Joel.

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Eduardo crashed and sustained minor injuries while Macabudbud was rushed to a hospital in Carmen but succumbed to his injuries a few hours after.

Prior to the incident, a passerby saw Macabudbud as he was sleeping on the road but was afraid to wake him up.

Joel said that Macabudbud, who was previously convicted of a murder charge, was known to be violent when intoxicated.

“Ag nakakita nahadlok og mo pukaw so nangita pa kuno siya og kauban kay aron man pukaw, kay matud pa labing mauya…pero sa wa pa siya makabalik nakadungog siya na naa nay nipaka na motor,” said Joel.

According to Joel, Eduardo surrendered to authorities following the incident and was detained.

He however was released on the same day as victim’s Cebu-based family has not filed charges against him

https://www.boholchronicle.com.ph/2021/12/15/man-who-slept-in-middle-of-bilar-highway-dies-after-run-over-by-motorcycle/

[BrettGC]

It's more fun in The Philippines? 

[Old55]

Twilight Zone.

Simply no words to describe how moronic some laws are there.

[scott h]

4 hours ago, Jollygoodfellow said:

According to Joel, Eduardo surrendered to authorities following the incident and was detained.

I wondered about this type of stuff at first also. Especially stories about where the driver was obviously not at fault but was "detained" anyway.

I asked a cop about this once. He seemed slightly embarrassed to give his answer. 

It is just to easy for a "suspect" or a "witness" to disappear here. And we must admit that the PNP is not the most energetic law enforcement agency in the world. If they dont detain the driver they will most likely never get his statement etc.

4 hours ago, Jollygoodfellow said:

He however was released on the same day as victim’s Cebu-based family has not filed charges against him

The legal system here is loosely based on that of the States. The family could file "civil" charges against him. And for the same reasons as above, once the driver is out of custody, they would never find him.

We just rarely hear about the outcome of the investigations since by then it is not a headline story.

[JJReyes]

We were taught as teen drivers that if you hit run over a chicken, don't stop.  You are not only responsible for the one you killed, but also future generations that male or female chicken could have produced.  Add to that the price of emotional attachment if it was a cockfighting rooster.  Some roosters are more loved than children.  

If you hit someone, a similar logic applies.  The issue is compensation for economic loss.  The family files charges.  The amount they will receive depends on the degree of fault.  In the story cited, probably very little since the drunk person was sleeping on a public roadway.  If the driver was drunk, the expectation is a higher amount.  

[scott h]

6 hours ago, JJReyes said:

The family files charges.

Your right JJ, come to think of it, my wife often quips when someone Jaywalks in front of us, "he is buying a lottery ticket!" 

[JJReyes]

56 minutes ago, scott h said:

Your right JJ, come to think of it, my wife often quips when someone Jaywalks in front of us, "he is buying a lottery ticket!" 

That's a funny one. 

If you own a car and can afford to hire a driver, get one.  The victim and/or family will still go after you for compensation.  But the amount will be less compared to when the vehicle owner is driving.  

[hk blues]

Whilst we hear so many of these stories here at the time of the incident, we almost never hear what the outcome was. I wonder how many cases are thrown out based on their weakness. Throw in the love of never letting the truth spoil a good story and it's a recipe for misinformation.

I'm sure miscarriages of justice happen here, as they do everywhere, but not as much as it may seem.

[Dave Hounddriver]

11 hours ago, hk blues said:

I'm sure miscarriages of justice happen here, as they do everywhere, but not as much as it may seem.

“It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done”.
Lord Hewart

Many of us have heard that statement.  Here is a link to its origin https://www.barandbench.com/columns/the-origins-of-justice-must-be-seen-to-be-done    The point is:  Justice in the Philippines almost ALWAYS fails as the people almost never see the results.

[Old55]

On 12/16/2021 at 5:38 PM, scott h said:

I wondered about this type of stuff at first also. Especially stories about where the driver was obviously not at fault but was "detained" anyway.

I asked a cop about this once. He seemed slightly embarrassed to give his answer. 

It is just to easy for a "suspect" or a "witness" to disappear here. And we must admit that the PNP is not the most energetic law enforcement agency in the world. If they dont detain the driver they will most likely never get his statement etc.

The legal system here is loosely based on that of the States. The family could file "civil" charges against him. And for the same reasons as above, once the driver is out of custody, they would never find him.

We just rarely hear about the outcome of the investigations since by then it is not a headline story.

Thanks for sharing this Scott. Frankly it makes a lot of sense and is practical for Philippines. I was wrong and arrogant in viewing this with my "superior" Western outlook.