Quote Originally Posted by smooth View Post
please correct me if i'm wrong pero the driving without a DL is a separate infraction from the collision. kapag umabot yan sa piskal, ang paguusapan niyo lang ay ang collision, tapos ang driving without a DL is between the state and the person. ultimately, doctrine of last clear chance pa din malamang ang mangingibabaw.
The doctrine of "last clear chance" has been rejected by our Supreme Court since 1987. In a civil law jurisdiction such as the Philippines, the Courts are tasked to determine whose negligence is the proximate cause of the injury. The nature of the act or omission of each party and the gravity of the risks created by such act or omission are the factors which are taken into account and not "intervening time" to avoid harm.