Forum Support Mike J Posted March 9 Forum Support Posted March 9 New driver on scooter loses control, crosses into oncoming lane, hits truck. So why is the driver of the truck still in jail? https://cebudailynews.inquirer.net/561064/badian-accident-injures-aussie-friend CEBU CITY, Philippines – An Australian national and her Filipina friend were injured in a road accident that happened in Badian, Cebu on Friday. The accident that happened at 4:30 p.m. in Barangay Malabago in Badian town in southern Cebu involved a motorcycle and a delivery truck. Badian police identified the motorcycle driver as Savannah Ruby Miller, 19. Miller is an Australian national. Her backrider, Angel Chi Ahit Aranquez, 19, is from Makilala, North Cotabato. ALSO READ: Badian accident : Bus hits motorcycle; 1 dead, 25 hurt In a report, Badian police said that Miller and her companion were traveling along the national highway from Barangay Sulsogan when she suddenly veered to the opposite lane. It was for this reason that her motorcycle collided with the delivery truck that was driven by Edilberto Sanchez Andong Jr., a 53-year-old resident of Barangay Santo Niño in Malabuyoc, Cebu. Aranquez told the police that Miller was still learning how to drive. She added that Miller lost control of the motorcycle, causing it to crash to the approaching truck. Badian police said that Miller fractured her left leg as she also sustained injuries on her face from the accident. Aranquez, on the other hand, sustained minor injuries. The two women were admitted to the Badian District Hospital for the treatment of their injuries. Miller was later on transferred to a private hospital in Cebu City. Andong remained at the Badian Police Station as of this writing. Link to comment Share on other sites More sharing options...
Ram1957 Posted March 10 Posted March 10 This is common practice here. PNP does not know how to interpret it's own laws. Here in Dumaguete we had a motorcyclist veered into a ambulance that was on it's way to a hospital. The ambulance had his emergency lights and siren on. The PNP arrested the ambulance driver and the patients were left in the ambulance until another one came and picked them up. Witnesses at the scene reported that the motorcyclist was driving erratic prior to crashing into the ambulance. With no helmet on he didn't survive the crash. Anyone driving here better have a dash cam installed to cover themselves. Common sense is lacking here. 3 2 Link to comment Share on other sites More sharing options...
Forum Support scott h Posted March 10 Forum Support Posted March 10 1 hour ago, Mike J said: So why is the driver of the truck still in jail? 38 minutes ago, Ram1957 said: This is common practice here. As Ram says it is SOP here to take the driver into the station. Why? I once asked a PNP officer. He said it is to conclude the investigation in most cases. Even is a driver is not at fault, if they are released from the seen the chances of them reporting to the station for further questioning, signing reports, giving evidence is slim to none here, and if a witness does not want to be found, they can avoid the PNP easily (you know how things are here). So they just haul them in, finish all the paperwork and let them go (in most cases). 3 Link to comment Share on other sites More sharing options...
hk blues Posted March 10 Posted March 10 1 hour ago, scott h said: As Ram says it is SOP here to take the driver into the station. Why? I once asked a PNP officer. He said it is to conclude the investigation in most cases. Even is a driver is not at fault, if they are released from the seen the chances of them reporting to the station for further questioning, signing reports, giving evidence is slim to none here, and if a witness does not want to be found, they can avoid the PNP easily (you know how things are here). So they just haul them in, finish all the paperwork and let them go (in most cases). When we had our minor bump we just gave basic details and were told to report back next morning to complete the report. There was another group doing exactly the same following a bump the previous day. Maybe depends on local practice. I will admit I was nervy as to if the other guy would shoe up, but he did and the next day as well to pay me. 1 Link to comment Share on other sites More sharing options...
Viking Posted March 10 Posted March 10 2 hours ago, hk blues said: When we had our minor bump we just gave basic details and were told to report back next morning to complete the report. There was another group doing exactly the same following a bump the previous day. I guess it depends on the the accident, if they will detain the people involved. Minor bumps to the vehicle is probably not the case for this practice, but if someone is seriously hurt things might be different. 2 Link to comment Share on other sites More sharing options...
craftbeerlover Posted March 10 Posted March 10 8 hours ago, Ram1957 said: This is common practice here. YUP Link to comment Share on other sites More sharing options...
Lee Posted March 10 Posted March 10 10 hours ago, Mike J said: New driver on scooter loses control, crosses into oncoming lane, hits truck. So why is the driver of the truck still in jail? The Philippine legal concept of reckless imprudence may be applying here. As it is often used, someone other than the scooter drivers has to pay damages even if the scooter driver was at fault. The scooter driver is probably broke---the truck driver or the company that he works for is perceived as having money. Follow the money. The idea of the driver having to accept responsibility for his own actions doesn't fit in the everyone is a victim mentality often seen here. 3 Link to comment Share on other sites More sharing options...
Forum Support scott h Posted March 10 Forum Support Posted March 10 4 hours ago, Viking said: but if someone is seriously hurt things might be different. That is my take on it, I have had two minor bumps, all resolved on site. Link to comment Share on other sites More sharing options...
hk blues Posted March 10 Posted March 10 22 minutes ago, Lee said: The Philippine legal concept of reckless imprudence may be applying here. As it is often used, someone other than the scooter drivers has to pay damages even if the scooter driver was at fault. The scooter driver is probably broke---the truck driver or the company that he works for is perceived as having money. Follow the money. The idea of the driver having to accept responsibility for his own actions doesn't fit in the everyone is a victim mentality often seen here. Much as things work strangely here, I'm not convinced the law is as perverse as to have the one who can pay go to prison. Sure, pay for damage but spend time in prison? Link to comment Share on other sites More sharing options...
Lee Posted March 10 Posted March 10 29 minutes ago, hk blues said: I'm not convinced the law is as perverse as to have the one who can pay go to prison. So what is the next step if the innocent driver doesn't have any money? Someone has to pay. IDK Link to comment Share on other sites More sharing options...
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