A hit-and-run happens when a driver causes an accident and leaves the scene without helping the victim or reporting the incident to authorities. In the Philippines, this is considered a serious criminal offense under the Revised Penal Code and other traffic laws, with penalties that may include imprisonment, hefty fines, and revocation of the driver’s license. Even if the driver did not intend to cause harm, fleeing the scene automatically worsens the case and increases the legal consequences.
Whether it’s a minor injury or a fatal crash, every driver must know their legal duties after an accident and understand the proper steps to take if they are involved in one to avoid the penalties for a hit-and-run incident. Below is a simple, updated, and easy-to-understand guide to help drivers, victims, and families know the penalties, legal basis, and what to do when faced with a hit-and-run situation.
What the Law Says
“Hit-and-run” is a commonly used term, but there isn’t a single law that defines or covers all the penalties associated with it. It is, in fact, covered under several legal provisions, including:
- Revised Penal Code (RPC): Penalizes reckless imprudence and abandonment of one’s own victim.
- Republic Act No. 4136 (Land Transportation and Traffic Code): Requires drivers to stop, help, and report accidents.
- Republic Act No. 10930: Allows the Land Transportation Office (LTO) to suspend or revoke a driver’s license for causing injury or death and failing to help.
Penalties for Hit-and-Run Incidents
Drivers who flee the scene after an accident face criminal, civil, and administrative penalties.
1. Criminal Penalties
Under the Revised Penal Code:
- Reckless Imprudence Resulting in Homicide or Injury (Article 365, Revised Penal Code)
- If the accident causes death: imprisonment (prisión correccional to prisión mayor).
- If it causes injury or property damage: imprisonment (arresto mayor, 1 month and 1 day to 6 months) or fines.
- Abandonment of One’s Own Victim (Article 275, Revised Penal Code)
- Failing to help or render assistance after an accident is punishable by 1 to 6 months imprisonment.
2. Fines
- Fines can range from ₱2,000 to ₱500,000, depending on the damage, injury, or death caused.
3. License Suspension or Revocation (LTO Sanctions according to Republic Act No. 10930)
- The LTO may suspend or revoke your license if you’re found negligent.
- Suspension: Up to 3 months for minor cases.
- Revocation:
- If the victim dies or suffers serious injury (like blindness or permanent disability).
- License may be revoked for 4 years or longer, depending on the case.
4. Civil Liability (Damages to Victims or Families)
Drivers are also financially responsible for the harm caused. Courts may order them to pay for:
- Medical or funeral expenses
- Loss of income of the victim or their family
- Moral and exemplary damages for pain, suffering, and emotional distress
What Drivers Must Do After an Accident
Under Section 55 of RA 4136 (Land Transportation and Traffic Code), every driver involved in an accident must:
- Stop immediately at the scene (if safe to do so)
- Help the victim by bringing them to a hospital or calling emergency services
- Show identification (driver’s license, name, and address)
- Report the incident to the nearest police station or traffic authority
Note: Leaving without doing these can make you liable for a hit-and-run offense.
A driver can only leave the scene if:
- Their life is in danger (risk of being harmed by a crowd)
- They are going to report the accident to the nearest law officer
- They are leaving to find medical help for the victim
Note: If the driver later returns or properly reports the case, it may not be considered a hit-and-run.
What Happens After a Hit-and-Run
Here’s what usually happens when a hit-and-run incident occurs:
If a driver flees the scene:
- Police Investigation: Authorities will use CCTV footage, witnesses, and plate numbers to identify the suspect.
- Filing of Case: The victim or family can file a criminal complaint for reckless imprudence and abandonment.
- Court Proceedings: If proven guilty, the driver faces imprisonment, fines, and revocation of their license.
- Civil Claims: The victim or family may also claim damages separately or together with the criminal case.
Guide for Victims and Families
If you or someone you know is a victim of a hit-and-run, then this is what you should do:
- Report the incident immediately to the nearest police station or LTO office.
- Gather evidence (CCTV, dashcam, photos, witnesses).
- Seek medical help and keep all records.
- Contact a lawyer for guidance on filing a criminal and civil case.
Accidents can happen to anyone—but fleeing makes it a crime so if you ever find yourself in an accident, don’t run. Stop, help, and report. Doing the right thing could save a life—and keep you out of jail at the same time.