Case Report (Reckless Imprudence Resulting to Homicide)

A Term Paper Presented to the Faculty of Graduate School Philippine College of Criminology Sta. Cruz, Manila, Philippines

In Partial Fulfillment Of the Requirements for the Subject: Victimology

By NIO M. KABILING October 6, 2012

CASE TITLE: RIR IN HOMICIDE PLACE OF THE COMMISSION: BRGY. STO. TOMAS, LUBAO, PAMPANGA COMPLAINANT: JHOAN ALMONGUERA-SANTOS SUSPECT: JOSEPH PANGANIBAN Y TACBAD ART. 365. Imprudence and negligence. Reckless imprudence, defined- consists in voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution of the person performing or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place. Simple imprudence defined- consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest. Facts of the Case That on or about the 15th day of June 2012, along the Gapan-Subic-Olongapo road in Barangay Sto. Tomas, Municipality of Lubao, Povince of Pampanga, Philippines. The victim ROLANDO SANTOS, y Espanol was crossing at the pedestrian lane from left to right shoulder of the said road when facing the direction of Manila. The victim was
bumped by a white Mitsubishi L-300 FB exceed van, without plate number with LTO conduction No. BS-0078 owned by SB construction & water treatment, the accused being then the driver and person in charge of the said vehicle which was then travelling along said road at an

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exceedingly fast speed did then and there willfully, feloniously and unlawfully, causing, as a result of such recklessness, carelessness and imprudence, for the said vehicle to bump the victim. As a result victim sustained fatal injuries and was rushed at Escolastica Romero District Hospital for medical treatment but declared Dead on Arrival by the attending Physician Mark Jayson Vitug, M.D.

Diagram of the Accident

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Assessment of the Case Participation of the Victim in the commission of the crime Based on the facts vigilantly studied, the victim ROLANDO SANTOS y espanol has contributory factors in the commission of the crime reckless imprudence resulting in Homicide. Contributory Factors of the Victim 1. The victim did not ensure that no vehicle is passing on both side of the GapanSubic-Olongapo road before crossing the pedestrian lane. 2. The victim did not take in consideration the circumstances around him which may affect the driving skills of the driver. 3. The victim recognize that it is a National road therefore most of the vehicles passing area exceedingly fast speed, but he tried to cross the pedestrian lane even he knows that a certain vehicle is coming. TIPS and REMINDERS for PEDESTRIAN and DRIVER to prevent this kind of accident 1. Cross only on Pedestrian Crossing. 2. Make sure to look on both side of the thoroughfare that no vehicle or fast vehicle is approaching before crossing the PEDXING. 3. Take all the circumstances that may affect the driving skill of the driver. 4. A driver approaching a PEDXING shall travel at such a speed that he will be able to stop his vehicle before reaching the pedestrian crossing. 5. A driver shall give way to any pedestrian who is on PEDXING 6. A driver must adjust his driving to the weather and time.

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7. Do not try to drive the same speed at night that you do by day you should slow down. 8. Be extra alert to pedestrians. 9. The driver must aim to have the best possible view of the area around the vehicle. 10. A driver must look ahead and recognizes any change in the road surface.

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