Sunday, January 11, 2009

Chiz Bats For 20 Years Imprisonment For Bus Drivers In Criminal Negligence


Bus drivers who commit criminal negligence in road mishaps will be facing 20 years of imprisonment once Senator Chiz Escudero’s bill passes.

Introducing Senate Bill Number 2701 (SBN 2701) following the recent spate of fatal road accidents in different parts of the metropolis, Escudero wants to provide more teeth to existing preventive policies to achieve safety benefits.

SBN 2701 penalizes criminal negligence committed by common carriers with reclusion temporal, or twelve (12) years to twenty (20) years in prison in case of death.

In case of injury, depending on the extent of gravity of the injury, the bill aims to penalize the offender with imprisonment ranging from arresto mayor in its maximum period to prision mayor, or from four (4) months one (1) day to six (6) months to twelve (12) years.

The bill further amends Article 365 of Act No. 3815 of the Revised Penal Code.

Common carriers’ criminal liability is found in Article 365 of the Revised Penal Code. Criminal Negligence, which provides as penalty of imprisonment arresto mayor to prision correccional or from one (1) month to four (4) years and two (2) months, depending on the gravity of the resultant crime or felony.

Escudero said, "these penalties may no longer be apt with the way common carriers, especially buses, have lightly treated their obligations under existing laws." That the culture of carelessness among buses or common carriers is already too alarming to ignore, he added.

A report by the Asian Development Bank identified the Philippines as one of the developing countries with the worst number of deaths on roads, recording one thousand or more every year.

As early as 2003, the Department of Health Road Safety Program statistics showed road accidents ranked as the fourth leading cause of deaths among Filipinos and first in terms of injury morbidity, which is 20 percent.

"As a matter of fundamental statutory policy, common carriers are required to carry their passengers safely as far as human care and foresight can provide, using utmost diligence of very cautious persons, with due regard for all the circumstances" Escudero quoted.

He said, stern measures need implemention to ensure road safety. "Conscious efforts from all sectors of government and the society should be at high level to avoid further loss of lives and damage to person and property".

An increased penalty for criminal negligence by common carriers, Escudero pointed out, serves not only a reminder to extant statutory duties to public utility vehicles but as a means to put an end to recklessness and irresponsibility which at times already appear intentional and malicious.

"It is not uncommon to hear complaints against erring bus drivers who recklessly race on the road, weaving in and out of the lanes of our major thoroughfares without regard for traffic rules and safety nets".

These practices, or malpractices of erring common carriers are accidents waiting to happen which often result to death, crippling and injuring innocent passengers and pedestrians, Escudero pointed out. /MP

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