Hit and Run in the Philippines: Penalty for Leaving the Scene

Yes, in effect, even if the law does not use the phrase. Three rules work together.

1. The traffic law. Section 55 of Republic Act No. 4136 says no driver involved in an accident "shall leave the scene of the accident without aiding the victim", except in three cases (see below).
2. The reckless imprudence penalty goes up. Article 365 of the Revised Penal Code, in its current text, ends with this rule:

3. A separate crime of failing to help. Article 275 of the Code punishes abandoning a person in danger. Its second item covers drivers who hurt someone by accident:

Arresto mayor lasts from one month and one day to six months (Article 27). The sources we read do not say how prosecutors choose between Article 275 and the higher Article 365 penalty in a road case. That depends on the facts and the charge.

It depends on what happened to the victim. The starting point is the Article 365 penalty for the result of the accident: death, injuries or damage to property. For a driver who did not help the injured on the spot, the court uses the penalty one degree higher than that.

For the normal penalties, see Reckless imprudence resulting in homicide, injuries or damage: penalty. We do not give exact years for the higher degree here, because the result depends on the court's application of the penalty rules of the Code.

All the results of one accident go in one case. In Ivler v. Modesto-San Pedro (2010), the Supreme Court held that one careless act is one offense under Article 365. The driver is not charged once for each victim or each damaged vehicle.

Section 55 lists only three situations:

• the driver is in imminent danger of being seriously harmed by any person because of the accident;
• the driver reports the accident to the nearest officer of the law; or
• the driver has to summon a physician or nurse to aid the victim.

Leaving for any other reason, such as to avoid the police, is not one of these exceptions.

Yes. Under Republic Act No. 10930 and Section 20 of its implementing rules, if the accident caused death, or injuries such as the loss of a body part or its use, insanity, blindness, or incapacity to work for more than 90 days, the license is revoked for four years. This happens "after a finding by the court that such driver was negligent or at fault".

The implementing rules also allow the LTO Assistant Secretary to suspend or revoke the license even without a court case, or after a settlement, if he finds the driver is an improper person to drive.

• Report it. Go to the police and give every detail you have: the plate number, the color and type of vehicle, the time and place, and witnesses. See our PNP guides.
• Get treated and keep the papers. Medical reports and receipts are proof for the insurance claim and for damages.
• Claim the no-fault insurance. A victim who was not riding in a vehicle, such as a pedestrian, claims from the insurer of "the directly offending vehicle" without proving fault, so that vehicle must be identified. A victim who was riding in a vehicle claims from the insurer of the vehicle he was riding in (Section 391 of the Insurance Code). Send the written notice of claim within six months from the accident (Section 397). See How to claim CTPL insurance.
• Ask for damages. The driver at fault, and in some cases the owner or employer, can be made to pay. See What to do after a road accident.

If a pedestrian is hit and the vehicle is never identified, the laws we read do not say what the victim can claim, or from whom.

These are made-up examples to show how the rules work. They are not advice for any real case.

Dante sideswipes a motorcycle at night and drives away while the rider lies on the road. If he is convicted of reckless imprudence resulting in physical injuries, the court imposes the penalty one degree higher, because he did not help the injured rider on the spot.

Cora hits a pedestrian, and an angry crowd starts to threaten her. She drives straight to the nearest police station and reports the accident. Section 55 allows a driver to leave in both situations: imminent danger to herself, and reporting to the nearest officer of the law.

Ben is walking when he is hit by a car that speeds off, but a bystander writes down the plate number. Ben can claim the no-fault indemnity from that car's insurer. The police report, submitted under oath with his medical report and receipts, is part of the proof the law lists.

Talk to a lawyer right away if you are the driver who left the scene, or if you are a victim who wants to file a criminal case and claim damages. A lawyer can explain which charges may apply, what evidence matters, and how the criminal case and the claim for damages fit together. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.