NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE BACOLOD CITY POLICE OFFICE

MEMORANDUM

FOR FROM SUBJECT DATE

: CHIEF TRAFFIC SECTION : Traffic Investigator : Investigation Report on Vehicular Accident : 25 February 2014

I.

AUTHORITY: 1. Verbal Instruction of Chief Traffic Section

II.

MATTERS INVESTIGATED: 2. To determine the facts and circumstances surrounding the vehicular accident transpired at Bakyas, Mansilingan, Bacolod City. 3. To determine who will be liable for the vehicular accident.

III.

FACTS OF THE CASE 4. This pertains to the vehicular accident transired at Bakyas, Mansilingan, Bacolod City involving Vehicle 1, white Nissan Sentra with plate number GEH-552, chassis number 123456YT55T, engine number 098765LK08 driven by Almar Albaran y Gonzales, 30 years old, married and resident of Bato, Roxas City, Capiz with Non-Professional Drivers License number __________ and vehicle 2, red and black Nissan Sentra with plate number FDK-737, chassis number 0986754GSD123, engine number RY397548GF driven by Irene Alfaro y Refre, 24 years old and a resident of Kalibo Aklan without drivers license. 5. At around 9:00 Oclock in the morning of February 24, 2014 text message received by PO1 Diana Rose Allanic duty traffic investigator from a concerned citizen that there was a vehicular accident transpired at Bakyas, Manisilingan, Bacolod City. Immendiately PO1 Diana Rose Allanic went to the area. Investigation disclosed that at around 8:50 in the morning of same date, while vehicle 1, white Nissan Sentra with plate number GEH-552, chassis number 123456YT55T, engine number 098765LK08 driven by Almar Albaran y Gonzales, 30 years old, married and resident of Bato, Roxas City, Capiz with Non-Professional Drivers License number __________ while turning right at the National Road of Manisilingan collided with vehicle 2, red and black Nissan Sentra with plate number FDK-737, chassis number 0986754GSD123, engine number RY397548GF driven by Irene Alfaro y Refre, 24 years old and a resident of Kalibo Aklan without drivers license. Further investigation, the vehicle 2 should have yielded to the vehicle 1, because vehicle 1 was at the right of way and the vehicle 2

should not overtake especially in the curve portion of the road. It was clear that vehicle 2 violated the R.A. 4136 Land Transportation and Traffic Code under Article II. (Overtaking and Passing a Vehicle, and Turning at Intersection) Section 41 (Restrictions on Overtaking and Passing) Paragraph (a). IV. DISCUSSION: 6. Based on the facts and circumstances surrounding the vehicular accident, the vehicle 2 was responsible in causing the accident. It was shown that the damage incurred by the vehicle 2 on the right side from the front going to the rear portion. Meaning to say that the vehicle 2 overtook on the curve portion of the road which was not supposed to be. In Arcticle Section II Section 41 paragraph (a) and (b) of R.A. 4136 states the The driver of a vehicle should not drive to the left of the center line of a highway in overtaking or passing another vehicle proceeding in the same direction, unless such left side is clearly visible, and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking or passing to be made in safety. The driver of a vehicle shall not overtake or pass another vehicle proceeding in the same direction, when approaching the crest of a grade, not upon a curve in the highway, where the drivers view along the highway is obstructed within a distance of five hundred feet ahead, except on a highway having two or more lanes for movement of traffic in one direction where the driver of a vehicle may overtake or pass another vehicle: Provided, that on a highway within a business or residential district, having two or more lanes for movement of traffic in one direction, the driver of a vehicle may overtake or pass another vehicle on the right. V. CONCLUSION: 7. Based on the foregoing facts and circumstances of the vehicular accident, vehicle 2 was liable to the accident. Therefore, the vehicle 1 was not liable to the damages incurred by the vehicle 2. VI. RECOMMENDATION: 8. In view of the foregoing facts, it was recommended the vehicle 2 was liable for the crime of Reckless Imprudence resulting to Damage of Property. For your information and reference.

ANDREW ANDRADE Police Officer 1 Traffic Investigator