Legal Action Against a Driver for a Pedestrian Hit-and-Run in the Philippines

This is practical legal information for the Philippine setting. It isn’t a substitute for advice from your own lawyer, who can apply the rules to your specific facts.

The Big Picture

A pedestrian hit-and-run typically triggers three parallel tracks of liability against the driver (and, in some cases, the vehicle owner and insurer):

Criminal – for the negligent (or intentional) act of hitting a person and then fleeing.
Civil – for money damages (medical bills, lost wages, moral and exemplary damages, etc.).
Administrative – driver’s license and vehicle sanctions via the LTO/LTFRB.

You can pursue these tracks at the same time. A criminal case can carry with it civil liability, but you may also sue separately in a purely civil action (more on this below).

Core Legal Bases

1) Criminal liability (Revised Penal Code)

Article 365 (Criminal Negligence/Imprudence). Most road-crash prosecutions are filed under this “quasi-offense.”
- If death results: reckless imprudence resulting in homicide.
- If injuries result: reckless imprudence resulting in serious/less serious/slight physical injuries (depending on the medical/legal classification).
- Failing to help the victim at the scene is treated as an aggravating circumstance under Art. 365—the penalty can be increased when a driver does not render reasonable assistance.
If the act was intentional (e.g., deliberately running over someone), prosecutors may charge homicide, murder, or frustrated/attempted forms of these offenses instead of Art. 365.

2) Special traffic statutes (selected highlights)

R.A. 4136 (Land Transportation and Traffic Code). Section 55 imposes a duty to stop, identify oneself, and render assistance in case of an accident. Leaving the scene can be prosecuted and can support LTO administrative action (suspension/revocation).
R.A. 10586 (Anti-Drunk and Drugged Driving Act). If the driver was under the influence of alcohol/drugs, there are separate criminal and administrative penalties, with stiffer ranges when injuries or death occur.
R.A. 10913 (Anti-Distracted Driving Act) and local speed/traffic ordinances may establish negligence per se (violation of a safety law is strong evidence of negligence).

3) Civil liability (Civil Code)

Article 2176 (Quasi-delict) – a pedestrian may sue for damages independent of any criminal case.
Article 2180 – vicarious liability: employers/vehicle owners can be liable for their driver’s negligence acting within employment. Courts often apply the registered-owner rule: the registered owner is generally liable to third persons, regardless of who was actually driving.
Article 2179 – contributory negligence of the pedestrian (e.g., jaywalking) reduces but does not eliminate recovery, unless the plaintiff’s negligence was the proximate cause.
Damages recoverable: actual/medical, loss of earnings or earning capacity, moral, exemplary, temperate/nominal (as circumstances allow), plus attorney’s fees and costs in proper cases.

4) Insurance (Compulsory Third-Party Liability, “CTPL”)

Every registered vehicle must carry CTPL. Pedestrians injured by a motor vehicle can normally claim directly against the at-fault vehicle’s CTPL insurer, subject to policy terms and regulatory rules.
There is a no-fault indemnity scheme up to a modest amount for death or injury to jump-start funds for victims while fault is being determined. Beyond that, you proceed under liability coverage (or the driver/owner personally).
If the vehicle is a PUV, separate passenger accident insurance exists—but that mainly covers passengers; pedestrians typically proceed under the vehicle’s CTPL and civil/criminal actions.

Elements, Proof, and Typical Defenses

What prosecutors must show (Art. 365)

A negligent act or omission (breach of the duty of care expected of a reasonably prudent driver under the circumstances—speeding, DUI, distracted driving, beating a red light, etc.);
Causation – the negligence was the proximate cause of the injury/death;
Damage – injury, death, or property damage;
Hit-and-run aggravation – failure to render help at the scene can elevate the penalty.

Evidence commonly used: eyewitness accounts, CCTV and dashcam footage, skid-mark and collision analysis, medical and medico-legal reports, vehicle paint/fiber transfers, GPS/telemetry, call/location data, and LTO registration/plate tracing.

Common defenses/mitigations

No negligence / sudden emergency not of the driver’s making, and reasonable care exercised.
Intervening cause – something else broke the chain of causation.
Contributory negligence of the pedestrian (jaywalking, intoxication, darting into traffic), which may reduce civil damages under Art. 2179.
Last clear chance – sometimes raised to argue the other party could have avoided the harm despite prior negligence.

Criminal Penalties (orientation guide)

Exact penalties depend on the result (death vs. the gravity of injuries) and circumstances (e.g., DUI, fleeing without rendering aid). As a rule of thumb under Art. 365:

Death: punishable by a correctional-level imprisonment term;
Serious physical injuries: arresto mayor to prisión correccional levels;
Less serious/slight injuries or property damage: lower ranges and fines (fines were updated by R.A. 10951).
Failure to assist the victim may trigger the next higher penalty under Art. 365.
DUI under R.A. 10586 carries separate penalties and license revocation/suspension, with higher ranges if injuries or death resulted.

Key takeaway: fleeing the scene never helps legally; it increases criminal exposure and is powerful evidence of consciousness of guilt.

Administrative Consequences (LTO/LTFRB)

Show-Cause Orders, alarm on the plate, and preventive suspension may issue, especially in hit-and-run scenarios.
License suspension/revocation for reckless driving, failure to stop/render aid, or DUI.
For PUV cases, LTFRB can sanction both driver and operator (including suspension/cancellation of CPC), separate from the criminal and civil cases.

Civil Damages: What You Can Recover

Actual/compensatory damages – medical expenses, rehabilitation, medicines, transport, caregiver expenses, funeral/burial, property damage. Keep official receipts.
Loss of income / earning capacity – proven income; if informal, courts may award temperate damages and compute loss of earning capacity using jurisprudential formulas.
Moral damages – for physical suffering, mental anguish, serious anxiety, wounded feelings (especially in death/serious injury cases).
Exemplary damages – to deter egregious conduct (e.g., DUI, high-speed fleeing).
Attorney’s fees and costs – when warranted.

Civil actions in numbers: • Quasi-delict actions generally prescribe in 4 years from the day the injury was discovered. • Actions on written contracts/insurance have longer prescriptive periods, but CTPL claims are regulated—observe notice requirements and sue within the period counted from the insurer’s denial if your claim is refused.

How to Proceed (Practical Playbook)

A) If you are the victim or represent the family

Get care + document injuries
- ER treatment; request medico-legal; secure medical abstracts, prescriptions, billing statements, and official receipts.
Report immediately
- Police blotter at the nearest station or HPG; obtain a Traffic Accident Report and, if possible, copies of CCTV/dashcam.
- Provide plate number, make/model, color, time/place, and witness contacts.
Preserve evidence
- Keep clothing, photos of the scene, shoes, debris, and any dashcam files (with original metadata).
Coordinate with investigators
- Plate tracing (LTO), owner identification, summons/invitations for the driver; request issuance of a Hold Order on the vehicle if risk of disposal.
File the criminal case
- If the driver is caught promptly: inquest before the City/Provincial Prosecutor.
- If at large: submit a Complaint-Affidavit with annexes (medical/legal docs, receipts, photos, witness affidavits, police report). The prosecutor may issue a subpoena and conduct preliminary investigation.
Pursue civil damages
- Option 1: Allow the civil action to be deemed instituted with the criminal case (default rule), present proof of damages during trial.
- Option 2: Reserve the right to file a separate civil action (quasi-delict) and then file in the proper RTC/MTC.
- Identify the registered owner and any employer for vicarious liability.
Claim insurance
- CTPL (no-fault): file promptly with the insurer of the at-fault vehicle; submit police report, proof of injury/death, IDs, and receipts.
- Beyond no-fault: proceed under liability coverage (and any voluntary third-party cover).
- Track timelines; if denied, calendar the prescriptive period to sue the insurer.
Consider settlement—but document it well
- Settlements can coexist with criminal cases (especially under Art. 365), but the prosecutor/judge still controls the criminal aspect.
- If a Release, Waiver, and Quitclaim is executed, ensure it fairly compensates and covers all claims you intend to waive; have counsel review it.

B) Evidence checklist (attach to your complaint)

Police/HPG Traffic Accident Report
Medico-legal certificate; medical abstracts; itemized bills and ORs
Death certificate (if applicable)
Photos/video (scene, injuries, vehicle, CCTV/dashcam), with timestamps
Witness affidavits with valid IDs
Proof of income (payslips/ITR/certifications) for loss-of-income claims
Any communication with the driver/owner/insurer; proof of demand

Strategy Notes for Lawyers

Charge selection: ordinarily Art. 365, upgraded by failure to assist; add R.A. 10586 if DUI evidence exists; append R.A. 4136 for the failure-to-stop/aid count.
Joinder: plead civil liability ex delicto in the criminal case; consider separate quasi-delict if you need broader defendants (employer/registered owner) or to avoid criminal-case delays.
Registered-owner rule: implead the registered owner early; for company vehicles, evaluate employer liability and insurance cover.
CCTV/dashcam subpoenas: move quickly to preserve third-party footage (LGUs, establishments) before overwriting.
Expert proof: accident reconstruction, biomechanics, human-factors experts can nail speed, reaction time, and visibility.
Damages proof: if income is unreceipted/informal, be ready with temperate damages theory and the loss-of-earning-capacity formula used in jurisprudence (with credible income proof or reasonable estimates).

Timelines & Prescription (orientation)

Criminal: under the Revised Penal Code rules on prescription—
- Offenses punishable by correctional penalties (e.g., typical death-resulting Art. 365): 10 years;
- Offenses punishable by arresto mayor: 5 years;
- Light offenses: 2 months. (Interruptions like the filing of a complaint with the prosecutor can toll prescription.)
Civil (quasi-delict): 4 years from injury discovery.
Insurance: follow notice and filing deadlines; if the insurer denies, the period to sue generally runs from denial (watch this closely).

What If the Driver Is Unknown or Has Fled?

Push CCTV canvassing (barangay halls, traffic cams, establishments), witness calls, and plate recognition.
Request the police to coordinate with LTO plate and OR/CR tracing, and issue show-cause to the registered owner.
File the criminal complaint against the identified person(s) as soon as you have a plausible basis; prosecutors can amend when the driver is later confirmed.
For civil/insurance, you may proceed once the vehicle/insurer is identified; where the vehicle remains unidentified, explore personal accident or HMO benefits while continuing the criminal probe.

When the Pedestrian Was Also Negligent

Contributory negligence (e.g., crossing outside a lane or on a red man signal) reduces damages proportionally under Art. 2179, but does not excuse a negligent driver.
Courts also apply last clear chance: if the driver could still have avoided the accident by ordinary care, the driver may still be held liable despite the pedestrian’s prior negligence.

Frequently Asked Questions

Q: Can we settle and end the case? A: You can settle civil claims anytime. In a criminal case for Art. 365, the court/prosecutor still decides whether to proceed, but a fair settlement can influence penalty and the victim’s stance. Always put settlement terms in a clear, notarized agreement.

Q: Who should we sue for money? A: The driver, the registered owner, the employer (if on duty), and the insurer (CTPL/voluntary TPL). Suing all preserves your chances of effective collection.

Q: What if the driver offers to pay at the police station? A: Don’t sign broad waivers under pressure. Itemize medicals and losses; get receipts; consider temperate/moral/exemplary damages; consult counsel.

Q: Do we need to choose between criminal and civil? A: No. By default, filing the criminal case carries civil liability. If you want a separate civil case (useful to bring in more defendants or move faster), reserve that right at the prosecutor’s office or at arraignment per the Rules of Criminal Procedure.

Actionable Templates (short forms)

Complaint-Affidavit (outline):

Parties (victim/complainant; driver/owner if known)
Jurisdiction and venue
Statement of facts (date/time/place; how the crash happened; flight; injuries/death)
Evidence attached (police report, medicals, photos/videos, receipts)
Elements of Art. 365 and failure to render aid; add R.A. 4136 Sec. 55 and R.A. 10586 if applicable
Prayer (issuance of subpoena/inquest, filing of appropriate information; award of civil damages)

Civil Complaint (quasi-delict) – prayer items:

Actual/medical, loss of income/earning capacity, moral, exemplary, attorney’s fees, costs, legal interest.

Practical Tips

Move fast to secure CCTV and medical documentation (videos are often overwritten in days).
Track deadlines for insurance claims and criminal/civil prescription.
Name the registered owner in civil claims; evaluate employer liability.
Don’t rely solely on the criminal case for compensation—preserve and pursue civil routes and insurance promptly.
Keep a ledger of all costs with receipts; courts reward organized proof.

If you want, I can adapt this into a pleading-style checklist for prosecutors’ filing, or a victim’s evidence and claims workbook you can print and use at the station or prosecutor’s office.