DOJ issues advisory opinion on reckless driving

After University of the Philippines professor and veteran journalist Lourdes "Chit" Estella Simbulan was killed in a road accident last month, the Department of Justice (DOJ) issued an advisory opinion on irresponsible driving. In her opinion dated May 30, Justice Secretary Leila de Lima outlined the advisory points for motorists on road safety and defined irresponsible driving as reckless driving, drunk driving, and distracted driving. Reckless driving happens "every time a person operates a motor vehicle in violation of traffic rules, at the risk of harming others and with less than the full attention, focus and skill required of every driver." It carries a penalty of P1, 200. "When reckless driving results in damages and injuries to persons or property, the provisions of the Revised Penal Code shall apply. Depending on the extent of damages caused, a person may be charged with crimes such as physical injuries, damage to property, or even homicide and murder," she said. De Lima also underscored driving under the influence of alcohol, which is prohibited by the Land Transportation and Traffic Code (Republic Act No. 4136), and is considered a graver offense than reckless driving. It is punishable by a fine ranging from P2,500 to P5,000 or imprisonment of three to six months. Distracted driving, on the other hand, refers to "operating a motor vehicle inattentively on account of various activities not related to driving." De Lima's order noted that Sagada municipality in Mountain Province and Roxas City in Capiz province have local ordinances that penalize "texting or calling while driving," the most common forms of distracted driving. De Lima also said reckless driving, drunk driving, and distracted driving are violations of law in themselves. "They need not result in damages, injuries, or even death for them to be punishable," she said. De Lima added that an offender is obliged to help his victim. "Otherwise, such person shall be held liable for the crime of Abandonment of One's Own Victim, punished under Article 275 of the Revised Penal Code." She also advised motorists to observe traffic rules and regulations even if they see others violating them and even if there are no traffic enforcers around. She also encouraged the public to urge their local governments to adopt a Driving Under the Influence (DUI) ordinance pending a national standard definition of what drunk driving is. At a news briefing on Friday, De Lima said the DOJ, on its own initiative, issues advisory opinions on a monthly basis to address the most pressing legal concerns. The two previous advisory opinions were about road checkpoints and drug couriers. "We craft these in layman's terms for easy comprehension by most of our people," said De Lima. - VVP, GMA News