Villania explains the doctrine of last clear chance (re: traffic accidents)
Reynold Villania, who aims to empower "police officers and citizens thru legal education," has been posting his opinions on legal issues in the country and some of them are worth re-blogging here. One of them is "Patay o Sugatan, Huwag Bayaran Yan" [Dead or Injured, Don't Compensate], which is about the last clear chance doctrine. Villania is quoted below.
[START OF QUOTE] I was working in front of my computer inside our office in Police Regional Office 5, Camp Gen. Ola, Legazpi City, when I received a message from a desperate police officer asking whether he should pay the person he injured in a vehicular accident. Our conversation[ went went along the lines of]:
Me: Bakit, anong nangyari? [What happened?]
Pulis [Police Officer]: Nagmamaneho po ako ng motor. Tama lang yung bilis. Bigla pong tumawid ng kalsada yung lalaki. Hindi ko po inasahan at hindi ko na rin po naiwasan. Nabali po iyong kanyang paa at ako naman ay nagtamo ng malalim na sugat sa kamay at paa. Buti na lang may helmet ako, kung wala, baka namatay po ako. Amoy alak po iyong lalaki at mukhang lasing. Positive rin po ang medical niya sa alcoholic breath. [I was driving my motor bike at a speed within legal limits when a man suddenly crossed the road. I was not able to anticipate what he did and so I failed to drive the bike away from him. He broke one of his feet and I suffered wounds on my feet and hands. Luckily, I was wearing a helmet at the time of the accident; otherwise, I would have died. The man reeked of alcohol and looked drunk/wasted. His breath was also test and was found to be under the influence of alcohol.]
[START OF QUOTE] I was working in front of my computer inside our office in Police Regional Office 5, Camp Gen. Ola, Legazpi City, when I received a message from a desperate police officer asking whether he should pay the person he injured in a vehicular accident. Our conversation[ went went along the lines of]:
Me: Bakit, anong nangyari? [What happened?]
Pulis [Police Officer]: Nagmamaneho po ako ng motor. Tama lang yung bilis. Bigla pong tumawid ng kalsada yung lalaki. Hindi ko po inasahan at hindi ko na rin po naiwasan. Nabali po iyong kanyang paa at ako naman ay nagtamo ng malalim na sugat sa kamay at paa. Buti na lang may helmet ako, kung wala, baka namatay po ako. Amoy alak po iyong lalaki at mukhang lasing. Positive rin po ang medical niya sa alcoholic breath. [I was driving my motor bike at a speed within legal limits when a man suddenly crossed the road. I was not able to anticipate what he did and so I failed to drive the bike away from him. He broke one of his feet and I suffered wounds on my feet and hands. Luckily, I was wearing a helmet at the time of the accident; otherwise, I would have died. The man reeked of alcohol and looked drunk/wasted. His breath was also test and was found to be under the influence of alcohol.]
Pulis [Police Officer]: Magbabayad po ba ako? Baka kasuhan po kasi ako sa Kampo. [Should I compensate him? I don't want to be indicted.]
Me: Tingin ko wala kang negligence under the Revised Penal Code. Dahil wala kang negligence, wala siyang karapatan humingi ng danyos o bayad sayo. Kahit pa sabihing namatay siya, wala kang obligasyong magbayad. Hindi ka rin makukulong o madidisiplina ng PNP dahil hindi mae-establish ang negligence saiyo. Do you still remember your Revised Penal Code on culpa and dolo during training days? [I hold the opinion that you have no negligence under the Revised Penal Code. Since you are not negligent, the man has no right to demand compensatory damages from you. Even if he died as a result of the accident, you have no obligation to pay. You should also not be jailed or disciplined by the Philippine National Police (PNP) because your negligence cannot be established. Do you still remember culpa and dolo?]
On the contrary, ikaw ang dapat na humingi ng danyos o bayad sa kaniya dahil sa iyong tinamong sugat. Ito ay dahil nasa sa kaniya ang negligence. Kung hindi siya namatay, ikaw pa ang ang may karapatang magsampa ng kaso sa kaniya for reckless imprudence resulting in serious physical injuries. [On the contrary, you should be the one demanding compensation for the injuries you have sustained. This is based on the fact that he was the one negligent. If he does not die as a result of the accident, you should be the one filing an action against him for reckless imprudence resulting in serious physical injuries.] xxx [END OF QUOTE]
On the contrary, ikaw ang dapat na humingi ng danyos o bayad sa kaniya dahil sa iyong tinamong sugat. Ito ay dahil nasa sa kaniya ang negligence. Kung hindi siya namatay, ikaw pa ang ang may karapatang magsampa ng kaso sa kaniya for reckless imprudence resulting in serious physical injuries. [On the contrary, you should be the one demanding compensation for the injuries you have sustained. This is based on the fact that he was the one negligent. If he does not die as a result of the accident, you should be the one filing an action against him for reckless imprudence resulting in serious physical injuries.] xxx [END OF QUOTE]
