(General information only; not legal advice. For advice on a specific case, consult a Philippine-licensed lawyer.)

1) What “hit-and-run” means in Philippine practice

In Philippine road-incident usage, a “hit-and-run” happens when a driver involved in a crash does not stop and does not render reasonable assistance and/or does not identify themselves. It often overlaps with:

Leaving the scene to avoid liability or arrest
Failure to report the incident to proper authorities
Refusal to bring the injured to medical care or to call for help

Legally, the “hit-and-run” label usually points to a traffic-law violation (duty to stop and aid), but the same incident can also create criminal, civil, and administrative liability.

2) The main bodies of law that apply

A hit-and-run incident can trigger multiple legal tracks at the same time:

A. Traffic law: Duty to stop, identify, and render assistance

Under the Land Transportation and Traffic Code (R.A. 4136) and related regulations, a driver involved in an accident generally has duties to:

Stop immediately
Show driver’s license and provide name/address and vehicle information when required
Render reasonable assistance to the injured (including arranging transport to a hospital when necessary)
Report the incident when required by law or when injury/death occurs

Failure to perform these duties may be penalized by fine and/or imprisonment and can lead to driver’s license suspension or revocation through the LTO process, depending on the circumstances.

Practical note: Even if the crash was “not your fault,” leaving the scene and failing to assist can independently create liability.

B. Criminal law: Revised Penal Code (especially Article 365)

Most road-crash prosecutions in the Philippines are filed under Article 365 (Imprudence and Negligence) of the Revised Penal Code. Depending on the outcome of the crash, common charges include:

Reckless imprudence resulting in homicide (death)
Reckless imprudence resulting in physical injuries (injury)
Reckless imprudence resulting in damage to property (vehicle/property damage)
Less serious imprudence depending on the circumstances

If evidence shows intentional harm (rare in typical collisions), other offenses may apply, but most traffic crashes are treated as quasi-offenses under Article 365.

C. Civil law: Damages (Civil Code)

Victims can pursue money claims for losses through:

Civil liability arising from crime (civil action ex delicto), and/or
A separate civil case based on quasi-delict (Civil Code, Article 2176)

Key related provisions include:

Article 2176 (quasi-delict; fault/negligence causing damage)
Article 2180 (vicarious liability—parents, employers, etc.)
Article 2179 (contributory negligence—may reduce recovery)

Civil damages can include medical expenses, repair costs, lost income, moral damages, and more (details below).

D. Administrative law: LTO and regulatory actions

Independently of criminal/civil cases, the driver may face:

Driver’s license suspension/revocation
Penalties for traffic violations
Regulatory complaints (e.g., for public utility vehicles) with LTFRB or other agencies

3) Your immediate remedies and action plan after a hit-and-run

Your legal outcomes often depend on what you do in the first hours/days.

Step 1: Safety and medical documentation

Seek immediate medical care.
Request medical certificate, receipts, and (for injuries) medico-legal documentation if appropriate. These documents become core evidence for both criminal and civil claims.

Step 2: Report and create an official record

Report to the nearest police station or traffic unit.
Request a Police Blotter entry and later a Traffic Accident Report / Investigation Report.
If there are injuries/death, insist that it be properly recorded and investigated.

Step 3: Preserve evidence aggressively

Photos/videos of the scene, damage, injuries, skid marks, road conditions, traffic signs
CCTV requests (homes, stores, LGU cameras), promptly—many systems overwrite quickly
Witness names/contact info and short statements
Plate number (even partial), vehicle make/model/color, distinguishing marks
Ride-hailing/delivery app records if relevant (bookings, driver details, GPS logs)

Step 4: Identify the vehicle/driver (if unknown)

Work with:

PNP/traffic investigators
PNP-HPG where vehicle tracing is needed
LTO records (typically accessed by authorities through proper procedures)

If the driver is identified, your remedies expand significantly.

4) Criminal remedies: filing and prosecuting the case

A. Where you file

Typically:

You execute a complaint-affidavit and submit it to the Office of the City/Provincial Prosecutor having jurisdiction where the incident occurred.

If the suspect is arrested soon after the incident, an inquest process may apply; otherwise, it proceeds via preliminary investigation.

B. What you must prove (typical hit-and-run crash)

For imprudence cases, prosecutors look for evidence of:

Negligent driving (speeding, unsafe overtaking, distracted driving, disregard of traffic rules, etc.)
Causation (the negligence caused the injury/death/damage)
Result (injury classification, death certificate, repair estimates)

For “hit-and-run” behavior, investigators also document:

Failure to stop
Failure to identify oneself
Failure to render assistance / report

C. Evidence that commonly matters

Police report/scene sketch
CCTV footage
Witness affidavits
Medical documents (medical certificate, receipts, medico-legal, discharge summary)
Repair estimates, official receipts, and photos
If applicable: alcohol/drug test results, traffic citations, dashcam data

D. Relationship between criminal and civil claims

In many criminal cases, the civil action for damages is impliedly instituted with the criminal case unless you:

Reserve the right to file a separate civil action, or
File the civil action ahead of the criminal case

This choice affects strategy, speed, and settlement leverage.

5) Civil remedies: recovering damages

Even if the government prosecutes the crime, you (the victim) must pursue your compensation actively.

A. Two main routes

Civil action arising from the criminal case (ex delicto)
- Damages claimed as part of the criminal case, subject to court findings.
Independent civil action based on quasi-delict (Article 2176)
- You sue for negligence as a civil wrong, generally focusing on compensation.

Victims sometimes choose quasi-delict when:

They want a clearer negligence-and-damages framework
Criminal prosecution is slow or uncertain
They want to include additional liable parties (e.g., employer/vehicle owner) more directly

B. Who you can hold liable (important in hit-and-run)

Depending on facts, potentially liable parties include:

1) The driver Primary actor; liable for negligent acts and resulting damages.

2) The vehicle owner / registered owner Philippine practice recognizes strong accountability of the vehicle’s registered owner in many contexts (often discussed as the “registered owner rule” in jurisprudence). This matters when the driver flees or is hard to pursue.

3) The employer / company (vicarious liability) If the driver was acting within assigned tasks or within the scope of employment, Article 2180 may make the employer liable—common for:

Delivery riders
Company service vehicles
Bus/jeep/UV/taxi operations
Trucking/logistics fleets

4) Operators of public utility vehicles PUV operators may face additional regulatory and civil exposure, including compliance with franchising and safety rules.

C. Types of recoverable damages

Depending on proof and circumstances, courts may award:

1) Actual/compensatory damages

Medical bills, hospitalization, rehab
Repair costs, towing, rentals
Lost income (proved by payslips, ITR, business records)

2) Loss of earning capacity (especially in death/permanent disability) Requires evidence of income and working-life expectations.

3) Moral damages For mental anguish, emotional suffering—commonly claimed in serious injury/death cases.

4) Exemplary damages May be awarded when the defendant’s conduct is shown to be wanton, reckless, or in bad faith; fleeing the scene can support arguments about aggravating conduct in the civil sense (though standards vary by case).

5) Temperate/moderate damages Sometimes awarded when a loss is clear but the exact amount is difficult to prove with receipts.

6) Attorney’s fees and litigation costs Not automatic; must be justified and awarded under recognized grounds.

D. Contributory negligence and mitigation

Under Article 2179, if the victim also acted negligently (e.g., sudden crossing, illegal parking, no helmet), recovery may be reduced. Separately, parties must take reasonable steps to mitigate damages (e.g., prompt treatment, reasonable repair choices).

6) Administrative remedies: LTO and regulatory complaints

Administrative action can be powerful, especially when criminal cases move slowly.

A. LTO proceedings (driver’s license sanctions)

Possible outcomes can include:

Suspension
Revocation
Fines and other penalties

Administrative complaints may rely on:

Police report
Witness statements
CCTV/dashcam
Medical proof

B. LTFRB and operator accountability (PUVs)

For buses/jeeps/UV/taxis and other franchised operations:

Operators can face discipline, suspension of franchise privileges, and other sanctions for misconduct, unsafe practices, or abandoning passengers/victims.

7) Insurance remedies: CMVLI and practical recovery options

A. Compulsory Motor Vehicle Liability Insurance (CMVLI)

Most registered vehicles must carry CMVLI (also called TPL in everyday use). It typically covers bodily injury or death of third parties.

There is a concept commonly referred to as “no-fault indemnity” (a limited amount payable for bodily injury/death without needing to prove fault first), subject to conditions and documentation requirements (e.g., police report, medical records, and involvement/identity rules depending on the insurer and circumstances).

Key practical point: CMVLI is mainly for injury/death, not property damage. Property damage is usually addressed by:

The at-fault party’s voluntary insurance (if any), or
Your own comprehensive policy, or
Direct civil recovery

B. If the hit-and-run driver is unidentified

Your realistic options often become:

Your own comprehensive insurance (if you have it), subject to policy terms
Health insurance / PhilHealth / HMO coverage for treatment
Potential limited CMVLI-related claims depending on whether the involved vehicle can be identified and policy conditions are met

Unidentified offenders are harder because liability usually attaches to an identifiable person/vehicle/insurer.

8) Settlement, compromise, and case closure realities

A. Settlement in practice

Many traffic cases settle the civil aspect (payment for hospital bills/repairs) early. This can:

Speed up victim compensation
Reduce litigation stress

But understand:

Settlement of damages does not always automatically end criminal exposure, because crimes are prosecuted in the name of the People.
In practice, complainant participation matters; prosecutors and courts consider evidence and willingness to testify.

B. Documentation for settlement

A careful settlement usually includes:

Full itemization of damages
Proof of payments
A properly drafted release/quitclaim (and counsel review is strongly advisable)

Be cautious with broad waivers, especially if injuries evolve medically.

9) Special situations that change the legal picture

A. Hit-and-run causing death

Expect:

A more serious Article 365 charge (imprudence resulting in homicide)
More extensive damages (wake/funeral expenses, loss of earning capacity, moral damages, etc.)
Stronger investigative focus, including autopsy/death certificate and scene reconstruction

B. Hit-and-run with serious physical injuries

Injury classification (slight/less serious/serious) affects:

Criminal charge level
Required medical evidence
Damages scale

C. Driver intoxication, drugs, or reckless violations

If there is evidence of drunk/drug-impaired driving or egregious reckless conduct, additional laws and penalties may come into play, and it may strengthen claims for higher damages and administrative sanctions.

D. Victim is a pedestrian/cyclist/motorcyclist

Expect heavy emphasis on:

Right-of-way rules and road markings
Helmet use (motorcycle) and visibility
Speed evidence and impact mechanics
Comparative fault arguments (contributory negligence)

E. Employer or fleet vehicle

If the vehicle is company-owned or driven for work, claims against:

The company/employer
The registered owner can be critical for actual recoverability (they’re easier to find and collect from than a fleeing individual).

10) Practical “what to file” checklist (Philippine setting)

When pursuing remedies, victims commonly compile:

Incident documents

Police blotter entry and investigation report
Photos/videos, CCTV copies, dashcam files
Witness affidavits and contact details
Any traffic citations issued

Medical documents

Medical certificate and clinical abstract
Medico-legal report (if obtained)
Receipts, prescriptions, lab results
Proof of therapy/rehab

Property damage documents

Repair estimates (preferably from reputable shops)
Official receipts/invoices
Towing/storage receipts
Vehicle registration/OR-CR details

Identity/trace documents

Plate number details, vehicle description
Communication logs if any (texts/calls)
App booking records (ride-hailing/delivery) if relevant

11) Strategy: which remedy to prioritize

A practical, victim-centered approach often looks like this:

Medical stabilization + evidence preservation
Police investigation to identify the driver/vehicle
Insurance notifications (yours and/or the other vehicle’s insurer if identified)
Criminal complaint (to compel accountability and strengthen leverage)
Civil recovery plan (either with the criminal case or separate quasi-delict suit)
Administrative complaints (LTO/LTFRB) to pressure compliance and prevent repeat harm

If the offender is identified and solvent/insured, civil recovery is more straightforward. If not, insurance and registered-owner/employer angles become more important.

12) Common pitfalls victims should avoid

Not reporting immediately (weakens trace and CCTV retrieval)
Accepting cash settlement without documentation
Signing broad quitclaims too early (before long-term injury costs are known)
Failing to secure witness contact info
Letting CCTV deadlines lapse
Relying only on social media “posting” instead of formal police/prosecutor processes

13) When you should urgently consult counsel

Get a lawyer early if any of these apply:

Death or serious injuries
The other side is denying involvement
The driver is unknown or using a dummy identity
A company/PUV operator is involved
Large medical bills, permanent disability, or loss of income
You are being pressured to sign a waiver
There are disputes about fault (e.g., alleged jaywalking, counterclaims)

Bottom line

In the Philippines, a hit-and-run is not just “one violation”—it can generate (1) traffic-law liability, (2) criminal prosecution (often under Article 365), (3) civil claims for damages (ex delicto and/or quasi-delict), (4) administrative sanctions (LTO/LTFRB), and (5) insurance pathways (CMVLI and other policies). The most effective outcomes usually come from fast reporting, strong evidence collection, identifying the vehicle/driver, and pursuing parallel remedies rather than waiting for a single process to deliver everything.

If you want, describe the scenario (injury vs property damage, whether plate number is known, vehicle type, and where it happened), and I can outline a step-by-step filing strategy and a document checklist tailored to that fact pattern.