‘Hit-and-run’: What it is and sanctions erring drivers face

CEBU CITY, Philippines — A hit-and-run road accident refers to an accident wherein a driver involved leaves the accident scene without extending any help to the victim or infrastructure damaged and without telling the police. 

According to Aden Belza, Chief of the Operations Division of the the Land Transportation Office in Central Visayas (LTO-7), what makes an incident a “hit-and-run” is closely associated with the duties of drivers who meet accidents on the road.  

READ: SUV allegedly involved in fatal hit-and-run of basketball player in Cebu recovered

Hit-and-run

While hit-and-run cases often involve two moving cars, Belza stated that this type of accident can also involve a vehicle striking a pedestrian or even stationary properties such as a fixed post. 

Belza added that the term “hit-and-run” indicates to accidents wherein the driver or perpetrator chooses to abandon their victim or affected property. Consequently, they are abandoning their responsibilities as a driver to whatever damage they have caused. 

“There are certain responsibilities sa usa ka driver kung maka meet siya og accident, especially with injuries,” he said.

(There are certain responsibilities of a driver when he or she meets an accident, especially with injuries.)

A motorcycle rider who was a basketball player lies on the ground after being a victim of a hit-and-run incident near the Redemptorist Church in Cebu City. | Contributed photo via Paul Lauro

Responsibilities of a driver

Drivers have responsibilities in case he or she gets into an accident that involves another vehicle or person.

These responsibilities include showing the driver’s license; giving the true name and address of the driver and the owner of the vehicle; and making sure that the victim receives the necessary aid.

This is stipulated in Section 55 of Republic Act No. 4136, known as “An act to compile the laws relative to land transportation and traffic rules, to create a land transportation commission and for other purposes.” 

However, there are special circumstances wherein a driver may leave the victim at the scene of the incident, according to Belza.

READ: Hit-and-run: Ex-PDEA7 chief dangles P100k reward for leads

When a driver can leave a scene of an incident

A portion of Section 55 of RA 4136 reads,” No driver of a motor vehicle concerned in a vehicular accident shall leave the scene of the accident without aiding the victim, except under any of the following circumstances:

1. If he is in imminent danger of being seriously harmed by any person or persons by reason of the accident;

2. If he reports the accident to the nearest officer of the law; or

3. If he has to summon a physician or nurse to aid the victim.”

Belza explained that as long as the driver faced any of these circumstances and returns to  provide aid to the victim, the incident is not classified as a hit-and-run. 

Reckless driving definition

He further disclosed that under the RA 4136, cases of vehicular accidents wherein drivers abandon victims are considered reckless driving, once it is proven that they are cause of the accident.

By law, reckless driving is defined as an act of operating a motor vehicle without reasonable caution and endangering the property or safety of others or causing damages on the road.

However, Belza said that there are also additional circumstances that may apply when it comes to the penalties, especially on the gravity of the damages. 

Possible charges

LTO Philippines, in their official website, listed the following as the possible charges to be filed against a suspect of reckless driving depending on the extent of damages: 

1. Reckless Imprudence resulting to physical injuries
2. Reckless Imprudence resulting to damage to property
3. Reckless Imprudence resulting to Homicide

Suspects will also be required to pay fines ranging from P2,000 to P500,000. 

Hit and run and abandonment

In addition to this, hit-and-run drivers may also be held liable for the crime of Abandonment of One’s Own Victim, which is punished under Article 275 of the Revised Penal Code. 

The article states that the penalty of arresto mayor, which is imprisonment of one month and one day to six months, will be imposed upon “anyone who fails to help or render assistance to another whom he has accidentally wounded or injured.”

Belza further said that under the Republic Act 10930, a suspect’s driver’s license may be revoked. 

“In case of death or physical injuries resulting in the loss of any part of the victim’s body or the use thereof, insanity, imbecility, impotence or blindness, or incapacity to work for more than ninety (90) days, the license of the offending driver shall be revoked for a period of four (4) years, after a finding by the court that such driver was negligent or at fault,” read a portion of Section 23-B of RA 10930.