Napoleon D. Senit Vs. People of the Philippines
G.R. No. 192914. January 11, 2016

NAPOLEON, driving Super 5 Bus, suddenly overtook from the right side a big truck that slowed at the intersection. The bus crashed into the right side of Mohinder Toor, Sr.’s pick-up at a right angle. All passengers of the pick-up were injured. The damage sustained by the pick-up reached P106,155.0


1.    Discuss NAPOLEON’S liability.

All elements for the crime of reckless imprudence have been established in the present case.

The elements of reckless imprudence are: (1) that the offender does or fails to do an act; (2) that the doing or the failure to do that act is voluntary; (3) that it be without malice; (4) that material damage results from the reckless imprudence; and (5) that there is inexcusable lack of precaution on the part of the offender, taking into consideration his employment or occupation, degree of intelligence, physical condition, and other circumstances regarding persons, time, and place.


2.    NAPOLEON argued that Toor, Sr. is the real culprit when he turned left without looking for an incoming vehicle. Is NAPOLEON correct?

No.

Section 37 of R.A. No. 4136, as amended, mandates all motorists to drive and operate vehicles on the right side of the road or highway. When overtaking another, it should be made only if the highway is clearly visible and is free from oncoming vehicle. Overtaking while approaching a curve in the highway, where the driver's view is obstructed, is not allowed. Corollarily, drivers of automobiles, when overtaking another vehicle, are charged with a high degree of care and diligence to avoid collision. The obligation rests upon him to see to it that vehicles coming from the opposite direction are not taken unaware by his presence on the side of the road upon which they have the right to pass.

Thus, the petitioner cannot blame Toor, Sr. for not noticing a fast-approaching bus, as the cited law provides that the one overtaking on the road has the obligation to let other cars in the opposite direction know his presence and not the other way around as the petitioner suggests.


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