In the Philippines, road accidents involving property damage or physical injuries are governed primarily by the Revised Penal Code (RPC) and Republic Act No. 4136 (The Land Transportation and Traffic Code). When a driver causes an accident through negligence and subsequently flees the scene, they face a combination of criminal charges and administrative penalties.
1. Understanding the Charges
Reckless Imprudence
Under Article 365 of the Revised Penal Code, Reckless Imprudence consists of voluntarily, but without malice, doing or failing to do an act from which material damage results. It is characterized by an inexcusable lack of precaution, taking into consideration the offender’s employment, degree of intelligence, physical condition, and other circumstances regarding time and place.
Depending on the outcome, the charge is specifically filed as:
- Reckless Imprudence Resulting in Homicide (Death)
- Reckless Imprudence Resulting in Serious, Less Serious, or Slight Physical Injuries
- Reckless Imprudence Resulting in Damage to Property
Hit-and-Run (Failure to Lend Assistance)
While "Hit-and-Run" is the colloquial term, the legal violation is found in Section 55 of R.A. 4136. It mandates that in the event of an accident, the driver must stop and, if necessary, help the victim. Fleeing the scene is an aggravating circumstance under Article 365 of the RPC, which increases the penalty by one degree.
Exceptions to the Duty to Stop:
- If the driver is in imminent danger of being seriously harmed by any person by reason of the accident.
- If the driver reports the accident to the nearest officer of the law.
- If the driver has to summon a physician or nurse to aid the victim.
2. Immediate Steps at the Scene
To build a strong case, the following must be secured immediately:
- Police Report: Ensure the responding officer from the local Traffic Enforcement Unit (TEU) creates a formal Traffic Accident Investigation Report (TAIR).
- Evidence Collection: Take photos of the vehicle positions, license plates, skid marks, and damage.
- Witness Statements: Obtain the names and contact details of bystanders who saw the incident.
- CCTV Footage: Check for nearby barangay or establishment cameras. This is crucial for identifying the "Run" in hit-and-run cases.
3. The Filing Process
Step 1: Preliminary Investigation
The complainant (the victim or their family) must file a Complaint-Affidavit before the Office of the City or Provincial Prosecutor. This affidavit must be subscribed and sworn to before a prosecutor or any person authorized to administer oaths.
Required Documents:
- Traffic Accident Investigation Report (TAIR)
- Medical Certificate (for physical injuries)
- Death Certificate and Autopsy Report (for homicide)
- Affidavits of at least two witnesses
- Estimates for repair (for damage to property)
Step 2: Resolution
The Prosecutor will issue a subpoena to the respondent (the driver), giving them an opportunity to submit a Counter-Affidavit. Based on the evidence, the Prosecutor will determine if there is probable cause to file an "Information" (the formal charge) in court.
Step 3: Filing in Court
If probable cause is found, the case is raffled to a Municipal Trial Court (MTC) or Regional Trial Court (RTC), depending on the severity of the penalty associated with the specific consequence of the imprudence.
4. Penalties and Liabilities
The penalties for Reckless Imprudence are generally derived from the penalties for intentional crimes but are lower in degree.
| Outcome | Primary Penalty (Base) | If Hit-and-Run (Aggravated) |
|---|---|---|
| Homicide | Reclusion Temporal (Medium/Maximum) | Increased by one degree |
| Physical Injuries | Arresto Mayor to Prision Correccional | Increased by one degree |
| Damage to Property | Fine (1x to 3x the value of damage) | Fine + Criminal liability |
Civil Liability
Aside from criminal imprisonment, the accused is also liable for:
- Actual/Compensatory Damages: Hospital bills, funeral expenses, or car repairs.
- Moral Damages: For physical suffering and mental anguish.
- Exemplary Damages: Imposed as a deterrent for public good, especially in hit-and-run cases.
- Loss of Earning Capacity: If the victim can no longer work due to injury or death.
5. Administrative Sanctions
Under R.A. 4136 and LTO regulations, a driver involved in a hit-and-run faces the revocation of their driver's license. In many cases, the driver may be perpetually disqualified from being granted a license in the future, as fleeing the scene is considered a demonstration of unfitness to operate a motor vehicle.