By Christina Mendez (The Philippine Star) Updated December 30, 2010
MANILA, Philippines - Amid the increasing number of vehicular accidents caused by reckless driving, Sen. Miriam Defensor-Santiago pushed yesterday for the passage of the Vehicle Accidents Act that imposes higher penalties for offenders.
In the explanatory note of the Senate Bill 1935, Santiago cited that call of judges all over the country who have voiced the need to increase the present penalties for those acts, which are outright malicious, intentional, grossly irresponsible or unlawful resulting in damage to property and physical injuries or death or both.
She said her proposed measure increases the penalty from arresto mayor in its maximum period to prision correcional in its maximum period as the minimum penalty and death as the maximum penalty.
The duration of the penalty of arresto mayor shall be from one month and one day to six months.
“It also changes the presumption of negligence to one of malice or intent,” she said.
When both the victims and the offender are financially incapable, the bill recommends imposition of higher civil penalties, especially when it takes a long time for a victim to recover.
In pushing for the passage of bill, Santiago noted that the laws on transportation were enacted to promote public safety and to punish violators.
“Towards this end, when the laws are no longer adequate to protect the public, the state shall ensure through the imposition of stiffer penalties that vehicular drivers who are guilty of intentionally causing damage to persons and property or are guilty of grossly irresponsible and unlawful behavior are punished accordingly,” she said.
“Any person who shall commit any act resulting in physical injuries or death and/or damage to property on account of a vehicular incident, shall suffer the penalty of prision mayor in its maximum period to death,” the bill read.
“Unless proven otherwise, it shall be presumed that any act which causes damage to person and/or property under this section was done maliciously and with intent,” it added.
Prision mayor in its maximum shall be imposed upon the offender who fails to lend help on the spot to the injured parties such as help may be in his hand to give.
Under the law, the duration of prision mayor shall be from six years and one day to 12 years.
When the offense resulted only in damage to property of another, the offender shall be punished by fine ranging from an amount to the value of said damages to three times such value but in no case shall be less that P10,000.
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