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  1. Join Date
    Oct 2002
    Posts
    3,872
    #31
    Actually, if the driver of KH can prove that he was driving within the speed limit and not haphazardly changing lanes or making dangerous maneouvers (i.e. being reckless), then he's got a good chance of beating the criminal raps since what is being prosecuted is the "reckless imprudence". The civil aspect, of course, is something else.

  2. Join Date
    Oct 2002
    Posts
    3,144
    #32
    from tv patrol:

    namatay ang lalaki dahil naubusan ng dugo, nadurog kasi ang ari nito...

    FREAKY!!!

  3. Join Date
    Sep 2003
    Posts
    21,384
    #33
    Quote Originally Posted by RedHorse View Post
    from tv patrol:

    namatay ang lalaki dahil naubusan ng dugo, nadurog kasi ang ari nito...

    FREAKY!!!

    Aray ko...........

    Mabuhay man yung bata, "good as dead" na rin siya.
    Last edited by chua_riwap; October 8th, 2007 at 09:38 PM.

  4. Join Date
    Jul 2005
    Posts
    280
    #34
    Quote Originally Posted by Mguy View Post
    I believe this would be true if the vehicle where the driver without license is in wasn't moving, but if it was in motion, this could be counted against the driver na ito, and would lessen the liability of the driver ni Kristine.
    check out this case decided by our Supreme Court where the fact that one of the drivers was a minor and had no license did not lessen nor exempt the other party from liability when it was proven that the second party was the one at fault.

    The evidence with respect to the issue that minor driver. who was not duly licensed, was the one driving the Scout car at the time of the accident, could not simply exempt petitioner's liability because they were parties at fault for encroaching on the Scout car's lane. FULL TEXT

    However, It is very very hard to pinpoint na liable rin Kristine dahil passenger lang sya. Not unless the driver would testify na utos ni Kristine na banggain yun sasakyan.
    if on criminal liability, that's correct. on the civil liability, if she is the owner of the vehicle, the civil code provides: Art. 2184. In motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in the vehicle, could have, by the use of the due diligence, prevented the misfortune.

    these are all just hypothetical legal scenarios since we're not privy to all the facts.

  5. Join Date
    Apr 2005
    Posts
    1,351
    #35
    Quote Originally Posted by Galactus View Post
    Nope, it isn't as simple as that.

    Since somebody died as a result of a vehicular accident, and if it can be proven na may negligence on the part of Kristine Hermosa's driver, then he can be charged with Homicide, the lack of a driver's license on the part of the other party notwithstanding. Baka mitigating circumstance na lang yung walang lisensya, but he will be charged, that I am sure of.

    The highlighted portion reminds of the analogy of the Saudi Arabians pag may nabangga silang foreigner. Kasalanan pa rin daw ng foreigner, kasi kung wala sila sa Saudi Arabia, hindi sana sila mababangga! Seriously, it's true.
    This is correct base on my experience, nakabundol ako ng motorbike at parehong nauspital ang sakay nito sa isang malayong probinsya sa western visayas. Alam ko lasing silang dalawa dahil buhat ko pa at isinakay sa car ang backride ng bike. Pagdating sa ospital, na confirm ng police na walang rehistro ang motorbike, walang license ang driver but still, natulog parin ako sa presinto at ipinasagot parin sa akin ang hospital bill. Buti nalang, sagot ng company ang lahat ng gastos.

  6. Join Date
    Jul 2007
    Posts
    276
    #36
    kaya dapat i-amend ang batas para dyan. biro mo makukulong ka ng kasalan ng nadisgrasya.

    minsan nasa parañaque ako, may tatawid na nag-aalanganin tumawid, kung kelan malapit na ako tsaka siya tumawid. buti na lang naikabig ko kagad ang manibela. kung natamaan ko sya panigurado patay yun. e di kulong pa ako.

  7. Join Date
    Oct 2002
    Posts
    29,354
    #37
    Quote Originally Posted by sboogie View Post
    kaya dapat i-amend ang batas para dyan. biro mo makukulong ka ng kasalan ng nadisgrasya.

    minsan nasa parañaque ako, may tatawid na nag-aalanganin tumawid, kung kelan malapit na ako tsaka siya tumawid. buti na lang naikabig ko kagad ang manibela. kung natamaan ko sya panigurado patay yun. e di kulong pa ako.

    The law should be changed. If pedestrians who are crossing the street at a non-pedestrian-crossing zone, and if they have an accident, the pedestrian cannot claim any damages from the vehicle owner/driver. Basically, cross at your own risk if you don't use the proper street crossing zones/structures.

  8. Join Date
    Dec 2006
    Posts
    764
    #38
    From the looks of it, the kid was really the one at fault here as he rode his motorcyle into the lane of oncoming traffic. Malas lang talaga at na-chempuhan lang ang Hyundai ni Kristine Hermosa.

    I feel pity for the driver. Even when he was just minding his own business driving within the appropriate lane, he gets jailed because of the reckless imprudence of other people (and an under-aged, illegal rider at that).

  9. Join Date
    Apr 2006
    Posts
    913
    #39
    Quote Originally Posted by ghosthunter View Post
    The law should be changed. If pedestrians who are crossing the street at a non-pedestrian-crossing zone, and if they have an accident, the pedestrian cannot claim any damages from the vehicle owner/driver. Basically, cross at your own risk if you don't use the proper street crossing zones/structures.
    agree. daming ganito along edsa/major roads. anlaki laki na nga nung pink billboard na "walang tawiran, nakamamatay" sige pa rin. at may malapit pa na pedestrian overpass ha!

  10. Join Date
    Feb 2006
    Posts
    3,177
    #40
    It's the Maawa Ka Dapat Sa Amin syndrome.

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