Road mishaps not by mere negligence

The Inquirer issue of Dec. 22, 2014 reported the case of a traffic enforcer of the Metropolitan Manila Development Authority, who was run over by a motorist whom he tried to stop for a traffic violation (“Driver who ran over MMDA man sued,”Metro).

I do not wish to comment on this particular case but I would like to talk of incidents like this from the broader standpoint of society’s need to protect commuters and pedestrians whose lives are practically on the line when they go out into our streets.

When I was still a regional trial court judge, I often heard my driver talk about drivers who believed that it would be better to run over and kill a traffic victim than to assist him because the damages they would be required to pay would be much less than the hospitalization expenses. I thought he was just joking until a case reached my court where a housewife fell off the stepping board of a bus at Plaza Lawton. Instead of helping her, the bus driver ran over her.

The charge I entertained against the driver was murder. I found probable cause noting that under the Revised Penal Code, the killing was attended by treachery or with abuse of superior strength. I issued a warrant of arrest with no bail. Unfortunately, the driver went into hiding, and I do not know what happened since then because I was transferred to the Court of Appeals.

I think it is time for our legislature to consider regulating traffic incidents that result in death or injury with more appropriate penalties, and for our courts to look more closely into cases that may involve more than mere negligence. With the present laxity of our justice system, we will have only more victims.

—MARIO GUARIÑA III,
former associate justice of the Court of Appeals