Hit and Run Cases - Pilapil-Cabang

Reporter:
JUSTIN KHIEL PILAPIL

JACOH CABANG
CDI 301 CRIM 3

GROUP 8
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CRIMINAL NEGLIGENCE THROUGH HIT AND RUN CASES
❑ Criminal negligence - refers to conduct in which a person ignores a known or obvious

risk, or disregards the life and safety of others. Behavior as a form of recklessness,
where the person acts significantly different than an ordinary person under similar
circumstances.
❑ Hit and Run is a traffic offense that occurs when an individual is involved in a vehicular
accident and illegally leaves the scene of the accident.
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A hit and run occurs when a driver

fails to follow through on these
obligations and leaves the scene,
often to avoid responsibility for what
has occurred. A hit and run can
occur when two drivers collide, when
a driver hits a pedestrian or a
motorcycle, or when a driver hits an
unoccupied vehicle or a structure.
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• Stopping the vehicle and moving it

to a safe location;
• Evaluating the damage that has
occurred to all involved properties or
individuals;
• Exchanging necessary contact
information;
• Seeking medical assistance if any
person has been injured; and
• Calling the police, if necessary.
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Criminal Penalties for a Hit and Run Accident

At the very least, a driver who commits a hit
and run will likely be subjected to a traffic
ticket for his or her failure to stay at the scene
of the accident. In many circumstances,
however, the harm resulting from the
accident may be more severe, and the
driver can face stiffer penalties. In most
states, damage to a structure or unoccupied
vehicle may result in a misdemeanor hit and
run charge, while leaving the scene of an
accident where an injury to a person has
occurred can result in felony charges.
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In addition to being able to press criminal charges

against the perpetrator of a hit and run, a victim
of a hit and run accident may also pursue civil
penalties against a driver for the harm that he or
she experienced. This can include lost wages,
medical bills, pain and suffering, and damage to
property. In many states, victims may seek
punitive damages as well, which are designed to
punish the offender for intentional or reckless
conduct. Punitive damages are not based on
how much money the victim lost in dealing with
the accident, but rather the amount of money it
would take to punish the driver for illegal actions.
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Those are covered by the Republic Act No. 4136

which is also known as the Land Transportation and
Traffic Code.
❑ Duty of driver in case of an accident (Article V,
Section 55)
➢ The driver of a motor vehicle involved in an accident shall
not be allowed to leave the premises of the accident. In
some cases, there are some provisions which allow some
exceptions In part of the driver:
❑ Reckless driving (Article V, Section 48)
❑ Speed Limit Law.
❑ violation of Article 275 (2) or abandonment of
persons in danger and abandonment of one’s
victim
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The Mandaluyong Prosecutors Office gave Jose Antonio Sanvicente, driver of the sports utility vehicle that
figured in a hit-and-run, until Thursday next week, June 23, to answer the criminal complaints filed against
him.
Sanvicente facing a complaint for frustrated murder and violation of Article 275 (2) or abandonment of
persons in danger and abandonment of one’s victim when he rammed his car against security guard
Christian Joseph Floralde on Julia Vargas Avenue last June 5 and escaped.
During the preliminary investigation, only Sanvicente’s counsel, Atty. Danny Macalino, appeared before the
prosecutors’ office. He said they would still have to secure a copy of the complaint before responding.
Meanwhile, Floralde personally appeared before the prosecutors’ office. His lawyer, Atty. Federico Violena,
said Floralde affirmed his affidavit and they have submitted pieces of evidence to support the complaint.
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 Wear Bright Colors

Remember, when you are a pedestrian at night the last thing you want to do is blend in. By wearing
bright colors that easily reflect light, such as white or yellow, you will stand out and become far more
visible to drivers.
➢ Stay off the Road
Drivers expect pedestrians to be on sidewalks and in crosswalks, which is where they should stay. This is
especially important at night. If there is no sidewalk available, it’s recommended to avoid those roads
entirely. If that’s not possible, walk against traffic and as close to the edge of the road as possible.
Walking against traffic allows you to see oncoming cars that may not necessarily see you and your child.
 Always Be Alert
Being a safe pedestrian means having a strong defense. Constantly remain aware of cars backing out of
driveways, pulling into driveways, making turns and pulling over to the side of the road.
 Remember the Basics
Before crossing the street, even small roads, always look left, right and then left again.
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WHAT TO DO
1. If anyone was injured during the incident, call 911.
2. Ask anyone who may have witnessed the incident to get information about the driver, car(s) involved
and accident.
3. Report the accident to the police or a collision reporting centre (CRC) within 24 hours.
4. Notify your auto insurance company.
WHAT NOT TO DO
1. Don’t follow a driver who flees the scene
2. Don’t wait to call the police or your auto insurance company.

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Reporter:

JUSTIN KHIEL PILAPIL

CDI 301 CRIM 3

CRIMINAL NEGLIGENCE THROUGH HIT AND RUN CASES

❑ Criminal negligence - refers to conduct in which a person ignores a known or obvious

A hit and run occurs when a driver

• Stopping the vehicle and moving it

Criminal Penalties for a Hit and Run Accident

In addition to being able to press criminal charges

Those are covered by the Republic Act No. 4136

 Wear Bright Colors

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