A practical legal guide for injured riders, families, and counsel

1) The legal landscape at a glance

Criminal liability: A drunk driver who causes a crash may be prosecuted for:
- Violation of the Anti-Drunk and Drugged Driving Act of 2013 (RA 10586)—covering driving under the influence (DUI), field sobriety/alcohol testing, penalties, and license sanctions.
- Reckless imprudence (Article 365, Revised Penal Code)—a felony by negligence, with penalties scaled to the harm (damage to property, physical injuries, homicide).
Civil liability:
- Quasi-delict/tort (Article 2176, Civil Code)—for damages due to negligence.
- Civil liability ex delicto—arising from the criminal act itself, usually deemed instituted with the criminal case unless you reserve the right to file separately.
- Vicarious liability (Article 2180)—vehicle owner/employer may be solidarily liable unless they prove due diligence in selection/supervision; the “registered owner rule” often applies in traffic cases.
Administrative liability:
- Sanctions by the LTO (license confiscation, suspension, or revocation) under RA 10586 and traffic regulations.

2) Your options: criminal, civil, both (and when)

A. File (or pursue) the criminal case

Where: Office of the City/Provincial Prosecutor where the crash occurred.
What you file: A Complaint-Affidavit narrating facts and attaching evidence (see §6).
Crimes to charge:
- DUI under RA 10586, and
- Reckless imprudence under Article 365 (specify the resulting harm: serious/less serious/slight physical injuries, damage to property, or homicide).
Flow: Complaint → Subpoena/Counter-Affidavit → Reply/Rejoinder (if any) → Resolution (dismiss or file Information) → Court trial if Information is filed.
Civil aspect: By default, civil liability is deemed instituted in the criminal case. If you want to pursue a separate tort suit, reserve that right before arraignment (or do not include the civil claim in the criminal case).

B. File a separate civil action (tort/quasi-delict)

Why choose this: Faster civil discovery, preponderance-of-evidence standard, control over settlement, and independence from criminal timelines or acquittal (subject to rules on issue preclusion).
Where: RTC or first-level court, depending on the amount of damages claimed and current jurisdictional thresholds.
When: You may file anytime within the prescriptive period (see §10). If a criminal case is pending and you did not reserve a separate civil action, the civil action is generally suspended.

C. Claim insurance benefits in parallel

CTPL (Compulsory Third-Party Liability): Immediate, no-fault benefits up to policy limits for medical or death/funeral—paid regardless of fault.
Comprehensive/voluntary insurance (if any): For property damage, personal accident riders, uninsured motorist coverage, etc.
Subrogation: Insurer paying you may later recover against the negligent driver/owner.

Tip: These tracks are not mutually exclusive. Many claimants pursue CTPL, then civil, while the State handles the criminal case.

3) What constitutes “drunk driving” (RA 10586 essentials)

DUI definition: Operating a motor vehicle while under the influence of alcohol and/or dangerous drugs.
Evidence of intoxication:
- Field Sobriety Tests (FSTs)—Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, One-Leg Stand—administered by trained officers.
- Alcohol Breath Analyzer or chemical tests (blood/urine). Devices must be properly calibrated; officers must be trained.
Implied consent & refusal:
- Drivers are deemed to consent to testing when lawfully required. Refusal can lead to separate penalties and license sanctions.
Penalties:
- Fines, imprisonment (graduated by resulting damage or injury), and license suspension/revocation. Stiffer penalties apply when DUI causes injury or death.
Administrative:
- The LTO may confiscate licenses, issue show-cause orders, and impose mandatory education or rehabilitation conditions.

4) Fault, negligence, and defenses

Negligence: Failure to exercise the care of a reasonably prudent person. Driving while intoxicated is strong evidence of negligence.
Comparative/contributory negligence: Your own negligence (e.g., no helmet, lane splitting violations, speeding) may reduce recoverable damages but does not absolve a drunk driver.
Last clear chance: If the defendant had the final opportunity to avoid the harm but didn’t, liability may still attach.
Emergency doctrine: A motorcyclist forced into a sudden peril is not judged with the same calm deliberation as in ordinary circumstances.

5) Damages you may recover (civil)

Actual/compensatory damages: Medical bills, rehabilitation, motorcycle repair or total loss, gear, transport, home modifications, caregiving, and lost earnings.
Loss of earning capacity (death or permanent disability):
- Formula used in jurisprudence (guidance):
  - Life Expectancy ≈ 2/3 × (80 − age at death)
  - Net Earning Capacity = Life Expectancy × [Gross Annual Income − reasonable living expenses (often 50% absent proof)]
Moral damages: For physical suffering, anxiety, mental anguish, wounded feelings, etc.
Exemplary (punitive) damages: To deter particularly wanton conduct—DUI can justify these.
Temperate or nominal damages: If actual proof is difficult but losses are certain.
Interest: Legal interest on monetary awards from judicially determined dates.
Attorney’s fees and costs: In proper cases (e.g., defendant’s bad faith).

6) Evidence checklist (build this immediately)

Police Traffic Accident Report and sketch; get the incident number.
Body-worn camera footage or CCTV/dashcam/helmet-cam videos; promptly request preservation.
Photos: scene, skid marks, vehicle positions, debris field, lighting, signage, road defects, your injuries, helmet/gear damage, motorcycle damage.
Medical records: ER notes, diagnostics, operative reports, medico-legal certificate; receipts for all expenses.
Proof of intoxication: FST notes, breathalyzer printouts, chain-of-custody, device calibration records, witness statements about drinking.
Witnesses: Names, contact details, statements (affidavits later).
Ownership/employment: OR/CR of the vehicle; driver’s license; employer details if on duty.
Income proof: Payslips, contracts, ITRs, business permits.
Insurance: CTPL policy, comprehensive policy, claims correspondence.
Your compliance: Helmet use, license, registration, lights—preempt comparative negligence claims.

Preserve your helmet and damaged gear—they can be exhibits.

7) Step-by-step: filing the criminal case

Emergency first: Get medical care; call police; ensure a formal police report is made.
Document & preserve: Gather the evidence in §6.
Draft a Complaint-Affidavit (NPS form acceptable) including:
- Your personal details and those of the respondent(s).
- Date, time, exact location.
- Chronology of events pre-crash, crash mechanics, and post-crash observations (odor of alcohol, slurred speech, unsteady gait, admission, bar receipts).
- Specific offenses (RA 10586; Art. 365 with the appropriate result).
- Damages suffered so far and ongoing treatment.
- Attach all annexes (label and paginate).
File with the Prosecutor where the crash happened; pay minimal filing fees if any.
Preliminary Investigation:
- Prosecutor issues Subpoena to the driver (and possibly owner/employer).
- Respondents file Counter-Affidavits; you may file Reply.
- Prosecutor issues a Resolution; if probable cause is found, an Information is filed in court.
In court:
- Arraignment and pre-trial.
- Trial on merits (present your evidence; medical and police witnesses are critical).
- Judgment—with civil liability unless you reserved a separate civil suit.

8) Step-by-step: filing a civil tort case (quasi-delict)

Demand letter (optional but strategic): Itemize claims; set a payment deadline; propose inspection of the motorcycle; invite settlement talks.
Draft the Complaint:
- Parties (driver, registered owner, employer).
- Jurisdiction/venue (your residence or where the cause of action arose).
- Material facts showing negligence and causation (include DUI facts).
- Damages with supporting documents; pray for actual, moral, exemplary, attorney’s fees, costs, and interest.
Attach: Police report, medical records, receipts, photos, affidavits, proof of income, insurance policies.
File in the proper court; pay docket fees (based on damages claimed).
Pre-trial: Mark exhibits, consider judicial dispute resolution (JDR).
Trial and judgment; execution if needed.

9) Insurance claims (CTPL & comprehensive)

CTPL (compulsory):
- File with the insurer of the vehicle that hit you (not yours).
- Submit: police report, medical certificate, receipts, IDs, claim forms; for death, additional documentary requirements (e.g., death certificate, proof of relationship).
- No-fault: Payable even while fault is disputed; observe policy limits and required timelines.
Comprehensive insurance (if the at-fault vehicle or you carry one):
- Property damage to your bike; personal accident coverage; uninsured motorist.
- The insurer may pay you and subrogate against the drunk driver/owner.

10) Deadlines and prescriptive periods

Tort (quasi-delict): Generally 4 years from the date of the accident.
Criminal: Prescription depends on the penalty attached to the negligent act’s result under Article 365 (e.g., higher when death or serious injuries result). To avoid risk, file promptly.
Insurance: Policies specify claim notification and proof of loss deadlines—observe them.

11) Special procedural notes

Barangay conciliation: Required for many civil disputes when parties live in the same city/municipality and the case falls within Katarungang Pambarangay parameters; exceptions apply (e.g., offenses with higher penalties, government parties). When in doubt, obtain a Certificate to File Action to avoid dismissal.
Multiple defendants: Sue the driver, the registered owner, and the employer (if on duty). Plead solidary liability under Article 2180 and the registered owner rule.
Settlement/Affidavit of Desistance: You may settle civil claims anytime. The prosecutor or court may still proceed with the criminal case if public interest so requires—especially in DUI cases.
Acquittal vs civil liability: An acquittal on the criminal charge does not automatically erase civil liability based on quasi-delict (different standards of proof and sources of obligation).

12) Practical litigation strategy

Lead with facts that jurors/judges remember: lane positions, speed estimates, point of impact, BAC reading/refusal, eyewitnesses, lighting, and road conditions.
Lock in intoxication proof: subpoena breathalyzer calibration, officer’s training certificates, FST score sheets, and chain-of-custody for samples.
Neutralize contributory negligence: prove helmet use, valid license/registration, proper lane and speed, and that DUI was the proximate cause.
Quantify damages early**:** retain a physician (permanent disability rating), a rehabilitation specialist, and—if substantial earnings are claimed—an accountant to compute net earning capacity.
Preserve the motorcycle: do not dispose of or repair major damage without notice and inspection; consider a joint survey with the other side and insurers.
Leverage interim relief: Seek court-annexed mediation, partial settlements (e.g., property damage now, personal injury later), and CTPL no-fault for immediate costs.

13) Template: Criminal Complaint-Affidavit (outline)

Affiant’s identity (full name, age, civil status, address).
Respondents (driver, owner/employer if known).
Narration:
- Where/when; traffic conditions; your riding conduct; the other vehicle’s conduct.
- Indicia of intoxication; FST/breath test; post-crash behavior.
- Injuries/damages.
Offenses charged: RA 10586; Article 365 RPC (specify result).
Civil aspect: Damages and receipts attached; state whether you reserve separate civil action.
Prayer: Find probable cause; file Information; award civil liability (unless reserved).
Verification & Jurat; Annexes A–Z with tabbing.

14) Template: Civil Complaint for Damages (outline)

Parties and capacities (driver, registered owner, employer).
Jurisdiction & venue.
Material facts: Specific negligent acts (speeding, DUI, lane invasion, failure to yield).
Cause of action: Article 2176 (and 2180, if employer/owner).
Damages: Itemize actuals; claim moral, exemplary, attorney’s fees; include interest.
Prayer: Monetary reliefs; costs; other just and equitable relief.
Verification/Certification against Forum Shopping; Annexes.

15) Frequently asked questions

Q: Do I need a lawyer right away? Not strictly for filing a complaint-affidavit or claiming CTPL, but highly advisable for evidence strategy, proper reservations, and maximizing damages.

Q: Can I recover if I wasn’t wearing a helmet? Yes, but expect reduction for contributory negligence; still, intoxication of the other driver is a powerful aggravating fact.

Q: What if the driver fled? File the case using plate/vehicle description, CCTV, witness IDs, and OR/CR lookup through police/LTO channels. CTPL of that vehicle may still be claimable once identified.

Q: What if the driver refuses breath testing? Refusal carries separate sanctions and can be used as adverse conduct evidence, though criminal conviction still requires proof of the underlying offense.

16) Smart timeline (from Day 0)

Day 0–3: Medical care; police report; gather videos/photos; notify insurers; consult counsel.
Week 1–2: File CTPL claim; prepare Complaint-Affidavit with annexes; demand letter (optional).
Month 1–3: Prosecutor PI; evaluate settlement vs filing civil case; preserve expert testimony.
Month 3+: Arraignment/trial if Information filed; pursue civil discovery; medical reevaluation for permanent disability.

17) Quick do’s & don’ts

Wear and keep your damaged helmet/gear.
Keep a single binder (or digital folder) of all receipts and records.
Request calibration and training records for breath testing early.
Reserve separate civil action if you plan a stand-alone tort suit.

Don’t

Sign broad quitclaims without legal advice.
Repair or sell the motorcycle without inspection by the other side/insurer.
Miss insurance deadlines or prescriptive periods.

18) Final note

This guide orients you through Philippine criminal, civil, and administrative remedies after a motorcycle crash caused by a drunk driver. Specific strategies and amounts depend on your exact facts, medical trajectory, and the current rules of court, penalties, and insurance limits. For a real case, have a lawyer review your documents, compute damages (including future care and earning capacity), and align the criminal and civil tracks to your goals.

Ride safe—and if the worst happens, build your case methodically from Day 1.