Chapter I
The Problem and its Background
Introduction
Reckless driving is a major contributing factor to road morbidity and
mortality and even property damage. While further research into the nature and
impact of reckless driving, particularly among young people, is urgently needed,
the measurement of reckless driving also requires increased attention. Three
major shortcomings apparent in established measures of driver are that they
do not target the full range of reckless driving, they measure characteristics
other than driving, and/or they fail to categorize and label reckless driver based
on characteristics of themselves. To combat these shortcomings, this paper
reports the development and preliminary validation of a new measure of
reckless driving for young drivers. Exploratory factor analysis of self-reported
driving data revealed four, conceptually distinct categories of reckless driving:
those that increase crash-risk due to (a) distractions or deficits in perception,
attention or reaction time (labelled "distracted"), (b) driving under the influence
of drugs or alcohol (labelled "substance-use"), (c) placing the vehicle in an
unsafe environment beyond its design expectations (labelled "extreme"), and
(d) speed and positioning of the vehicle relative to other vehicles and objects
(labelled "positioning"). Confirmatory factor analysis of data collected from a
separate, community sample confirmed this four-factor structure. Multiple
regression analyses found differences in the demographic and psychological
variables related to these four factors, suggesting that interventions in one
reckless driving domain may not be helpful in others.
1
Santa Rita is a coastal municipality in the province of Samar. The
municipality has a land area of 411.77 square kilometers or 158.99 square
miles which constitutes 6.81% of Samar's total area. Its population as
determined by the 2020 Census was 42,384. This represented 5.34% of the
total population of Samar province, or 0.93% of the overall population of the
Eastern Visayas region. Based on these figures, the population density is
computed at 103 inhabitants per square kilometer or 267 inhabitants per square
mile. Santa Rita has 38 barangays. There are anecdotal stories of a bus or truck
driver who ran over and seriously injured a pedestrian, and then backed up to
do a second runover in order to deliver death to the injured pedestrian. The
motivation to kill the injured pedestrian is reportedly due to the gruesome belief
that a dead pedestrian means lower payment of damages.
There is factual basis for the horrifying belief. Almost always, road
accident victims have this profile: They are beggars, vendors, and generally
poor people who have no documented income; their funeral and burial
expenses are at minimum amounts; the emotional loss of their heirs is
tempered by the latter’s immediate need for cash; and their heirs will be
represented pro bono by public attorneys. The profile of poverty among road
accident victims means that they would be unable to prove substantial damages
if the case goes to court trial. Poverty also puts extreme pressure on the victims’
heirs to accept a small amount of compromise settlement. In contrast, if the
pedestrian is seriously injured but survives, the vehicle owner and driver will
end up paying substantial medical and rehabilitation expenses. Thus, the grisly
belief is that the vehicle owner and driver will be paying less if the pedestrian
ends up dead rather than survives with severe injuries.
2
Criminal law; homicide through reckless imprudence; imposition of
penalty in quasi-offenses left to the sound discretion of courts; rationale
therefore. — Paragraph 5 of Article 365 expressly states that in the imposition
of the penalties provided for in the Article, the courts shall exercise sound
discretion without regard to the rules prescribed in Article 64. The rationale of
the law can be found in the fact that in quasi-offense, the carelessness,
imprudence or negligence which characterizes the wrongful act may vary from
one situation to another, in nature, extent, and resulting consequences; and in
order that there may be a fair and just application of the penalty, the courts must
have ample discretion in its imposition without being bound by the mathematical
formula under Article 64 of the Revised Penal Code.
The trial court was not bound to apply paragraph 5 of Article 64 even if the
accused had two mitigating circumstances in his favor with no aggravating
circumstance to offset them. Under Philippine law, reckless imprudence is
penalized under the Revised Penal Code (RPC), specifically in Article 365,
which addresses criminal negligence or imprudence. Reckless imprudence is
defined as voluntarily committing an act without malice but with inexcusable
lack of precaution, resulting in damage to property, physical injuries, or other
consequences punishable by law. The key elements of reckless imprudence
are: The offender acted voluntarily but without malice; The offender failed to
exercise reasonable caution or foresight; This lack of precaution caused actual
damage or injury. Reckless imprudence is penalized not as a separate crime
but based on the consequences of the negligent act. In this case, the offense
combines: Damage to property, which is penalized under Article 365, and Slight
physical injuries, as defined under Article 266.
3
In addition to this, as per our law any person who, by reckless imprudence,
shall commit any act which, had it been intentional, would constitute a grave
felony, shall suffer the penalty of arresto mayor in its maximum period to prision
correccional in its medium period; if it would have constituted a less grave
felony, the penalty of arresto mayor in its minimum and medium periods shall
be imposed; if it would have constituted a light felony, the penalty of arresto
menor in its maximum period shall be imposed. Any person who, by simple
imprudence or negligence, shall commit an act which would otherwise
constitute a grave felony, shall suffer the penalty of arresto mayor in its medium
and maximum periods; if it would have constituted a less serious felony, the
penalty of arresto mayor in its minimum period shall be imposed. When the
execution of the act covered by this article shall have only resulted in damage
to the property of another, the offender shall be punished by a fine ranging from
an amount equal to the value of said damages to three times such value, but
which shall in no case be less than twenty-five pesos.
A fine not exceeding two hundred pesos and censure shall be imposed
upon any person who, by simple imprudence or negligence, shall cause some
wrong which, if done maliciously, would have constituted a light felony. In the
imposition of these penalties, the court shall exercise their sound discretion,
without regard to the rules prescribed in Article sixty-four. The provisions
contained in this article shall not be applicable:1. When the penalty provided for
the offense is equal to or lower than those provided in the first two paragraphs
of this article, in which case the court shall impose the penalty next lower
indegree than that which should be imposed in the period which they may deem
proper to apply.2.
4
When, by imprudence or negligence and with violation of the Automobile Law,
to death of a person shall be caused, in which case the defendant shall be
punished by prision correccional in its medium and maximum periods.
Reckless imprudence consists in voluntary, but without malice, doing or
falling to do an act from which material damage results by reason of
inexcusable lack of precaution on the part of the person performing of failing to
perform such act, taking into consideration his employment or occupation,
degree of intelligence, physical condition and other circumstances regarding
persons, time and place. Simple imprudence consists in the lack of precaution
displayed in those cases in which the damage impending to be caused is not
immediate nor the danger clearly manifest. The penalty next higher in degree
to those provided for in this article shall be imposed upon the offender who fails
to lend on the spot to the injured parties such help as may be in this hand to
give. In the quasi-punishment, Committing through reckless imprudence any
act which, had it been intentional, would constitute a grave or less grave felony
or light felony; Committing through simple imprudence or negligence an act
which would otherwise constitute a grave or less serious felony; Causing
damage to the property of another through reckless imprudence or simple
imprudence or negligence; Causing through simple imprudence or negligence
some wrong which, if done maliciously, would have constituted a light felony.
To explain this further the official reckless imprudence penalty will be applied
and required that an act of violating road traffic order and safety under the law
must cause serious harm to the property of others. The drivers involved in the
accident will be held for investigative purposes for at least 12 hours.
5
This holding session is not an arrest. It is only part of an investigative
process that leads to the filing of charges against a suspect. A person detained
for investigation should be informed of the cause of his detention and allowed
to communicate and confer with his attorney at any time upon his request.
When the execution of the actions cause damage to others' property, a fine
from an amount equivalent to the value of the damage to three times the value
of the damage shall be imposed, and a fine shall be imposed. Under no
circumstances should it be less than 25 pesos. Moreover, a taxable penalty for
reckless imprudence resulting in damage to property to the extent of PHP 8,500
would, at the discretion of the court, constitute arrest mayor in its minimum and
medium-term, which could range from a minimum of 1 month and 1 day to a
maximum of 4 months.
Reckless imprudence consists in voluntary, but without malice, doing or
falling to do an act from which material damage results by reason of
inexcusable lack of precaution on the part of the person performing of failing to
perform such act, taking into consideration his employment or occupation,
degree of intelligence, physical condition and other circumstances regarding
persons, time and place. Simple imprudence consists in the lack of precaution
displayed in those cases in which the damage impending to be caused is not
immediate nor the danger clearly manifest. The penalty next higher in degree
to those provided for in this article shall be imposed upon the offender who fails
to lend on the spot to the injured parties such help as may be in this hand to
give. The more popular modern means of transport, the more crowded and
dangerous streets become.
6
Traffic is currently considered one of the worst quarters in the Philippines
since lots and lots of disturbing cases of accidents occur every day without
signs of halt. According to the Republic Act 4136, one commits reckless driving
when he/she fails to comply properly with legal regulations on road traffic and
drives a vehicle without any reasonable caution. This includes not taking into
account the traffic situation, the width of the road, the crossing or pedestrian,
the visibility of any other road, weather, and atmospheric conditions. It also
involves causing direct or potential harm to people and animals, as well as
property damage. In other words, whether you do not apply or you just use the
minimum skills required from a licensed driver, you are violating the traffic laws
of reckless imprudence. Here are three types of reckless driving violations in
the Philippines for your quick references:
Distracted Driving are those who pay little attention to the situation of the
road are less active in accurately handling unexpected situations. First, due to
a lack of training, some drivers can cause dementia and become a habit of
distraction. It is dangerous for such people to drive, especially on a complicated
and crowded urban road. Having distracted thoughts and poor attention while
driving can also cause unexpected dangers that threaten the overall traffic
safety. Reckless imprudence resulting in damage to property is the committed
penalty that no one wants to be involved in. As drivers, we should be deeply
aware of this issue and be conscious of traffic safety at any time, in any place.
By strictly obeying traffic laws and being fully focused on one driving, you can
guarantee your own safety as well as many others. The existence of reckless
driving may have come from a certain factor, as such having negligent driving
behaviors are actions that unnecessarily endanger others on the road.
7
As a motorist, it is your responsibility to exercise reasonable care to avoid
harming other drivers and pedestrians. Failure to do so can constitute
negligence. This can be a particularly troublesome thing to figure out,
particularly when there are differing accounts about when a yellow light turned
for example. To prove negligence in a car accident claim, your attorney must
show that: The other driver owed you a duty of care (all drivers owe a duty of
care to others on the road); They breached that duty by operating their vehicle
in an unsafe manner; Their breach caused the accident and your subsequent
injuries; You suffered damages as a result (vehicle damage, medical bills, lost
wages, pain and suffering) and to explain further recklessness it simply implies
a willful disregard for the safety of others.
Reckless behavior behind the wheel, such as drunk driving or drag racing,
shows
a
deliberate
indifference
to
consequences.
Claims
involving
recklessness on the part of the at-fault driver often result in higher
compensation for accident victims. Some examples of reckless driving
behaviors includes: Driving while under the influence of drugs or alcohol; Not
looking for oncoming traffic at a right turn and causing a car accident; Engaging
in street racing or drag racing; Intentionally causing a collision with another
vehicle; Fleeing the scene of an accident to evade responsibility. If the at-fault
driver's actions were found to be reckless, punitive damages may also be
awarded in some cases. These additional damages are meant to punish the
reckless party and deter such behavior in the future. Whether the other driver's
actions were negligent or reckless, an experienced car accident attorney can
help you pursue fair compensation for the harm you have suffered.
8
They will conduct a thorough investigation to determine liability, gather
evidence to support your claim, and fight to get you the maximum settlement
possible. Recklessness differs from negligence. Negligence consists mainly of
carelessness or incompetence. Recklessness requires the conscious choice to
take a particular course of action despite a high degree of awareness of the
risk. Recklessness requires a further degree of risk-taking by the actor than
negligence. On one point, reckless misconduct differs from intentional
wrongdoing. Under recklessness, the actor intends to commit the act but does
not actually intend to cause harm to others. Instead, they may wish that the
harm does not happen but have a strong reason to believe that it might. Car
accidents are one of the most common contexts in which recklessness takes
center stage. All motorists bear a duty of care towards other road users.
Recklessness takes on an even greater significance when an auto accident
occurs as a result.
The law holds the reckless driver responsible for any resultant harm.
Reckless driving is dangerous driver conduct reflecting an attitude which
indicates a lack of concern for the injurious consequences likely to occur.
Several different formulations of reckless driving laws as interpreted by the
courts amount to virtually the same thing: reckless or heedless disregard for
consequences, and an indifference to the likelihood of injury or damage which
may result from dangerous driving, in fact, injury or damage need not occur in
order to constitute the offense. The accused might have violated traffic
regulations, disregarded safety precautions, or failed to exercise the care and
foresight required by the circumstances. In cases of vehicular accidents that
cause fatalities, reckless imprudence resulting in homicide is a commonly
9
charged offense if evidence supports that the driver’s lack of due care caused
the death. The Philippine Supreme Court has, on numerous occasions,
emphasized the concept that criminal negligence is still punishable because
public interest demands the protection of life and property. The liability is
anchored on the failure to exercise the diligence that an ordinary prudent
person would have employed in a similar situation. Unlike intentional felonies,
where mens rea (criminal intent) is straightforward, the wrongdoing in reckless
imprudence cases lies in one’s failure to foresee and avoid harmful
consequences that could have been anticipated by a reasonably careful
individual.
The accusation, does not apply to every possible cases as such, it does
not apply when an automobile driver who, by negligence if another and not by
his own negligence is suddenly placed in an emergency and compelled to act
instantly to avoid collision or injury is not guilty of negligence if he makes such
a choice which a person of ordinary prudence placed in such situation might
make even though he did not make the wisest choice and also if one who
suddenly finds himself in a place of danger, and is required to act without time
to consider the best means that may be adopted to avoid the impending danger,
is not guilty of negligence.
Statement of the Problem
The research or study about Reckless Imprudence resulting in homicide and
damage to property in Sta. Rita Samar in the year 2022 – 2024 sought to
answer the following queries and questions:
1.Is reckless imprudence resulting in homicide is a traffic violation?
10
2.How do you prove reckless imprudence resulting in homicide?
3. What are the causes of reckless imprudence resulting in homicide and
damage to property?
Significance of the Study
The aim of the study is to increase the possible effectiveness of
intervention approaches. Today dynamic society lacks guidance necessary for
adolescents to pursue their goals. It is therefore important to analyze the risks
associated with the adolescent reckless behaviours as regard goal attainment.
The study aims to increase the possible effectiveness of intervention
development, by determining which risks are being taken and by whom, which
would deter reckless behaviour participation and promote beneficial
development.
The interventions necessary for modern adolescents may include a
combination of traditional disciplinary interventions and multidimensional
adolescent development issues. This may possibly bridge the gap between
research, theory and actual practice through a detailed evaluation and analysis
of current empirical trends of adolescent reckless behaviours and by
incorporating the intervention approaches.
Scope and Limitation of the Study
The study focuses on the reckless imprudence resulting in homicide and
damage to property happening in Sta Rita Samar in the year 2022 to 2024. The
location of the study is in Sta. Rita Samar. This will mainly covers key point that
will explain the phenomenon of reckless imprudence and its aftermath.
11
Definition of Terms
Accident- an unforeseen and unplanned event or circumstance. Their meeting
was an accident; lack of intention or necessity: chance. They met by accident
rather than by design; an unfortunate event resulting especially from
carelessness or ignorance.
Adolescent- A young person who has begun puberty but has not yet become
an adult. During adolescence, a child experiences physical, hormonal, and
developmental changes that mark the transition into adulthood. Adolescence
generally occurs between the ages of 10 and 19 years.
Aggressiveness- is a predisposition to attack the self- concept of others or we.
implies a disposition to dominate often in disregard of others' rights or in
determined and energetic pursuit of one's ends.
Anxiety- is an emotion characterized by feelings of tension, worried thoughts,
and physical changes like increased blood pressure. People with anxiety
disorders usually have recurring intrusive thoughts or concerns. They may
avoid certain situations out of worry.
Behaviour- Behaviour is how someone acts. It is what a person does to make
something happen, to make something change or to keep things the same.
Behaviour is a response to things that are happening: internally - thoughts and
feelings. externally - the environment, including other people.
Cognitive Style- a person's characteristic mode of perceiving, thinking,
remembering, and problem solving. Cognitive styles might differ in preferred
12
elements or activities, such as group work versus working individually, more
structured versus less defined activities, or visual versus verbal encoding.
Homicide- Homicide occurs when a person kills another person. It is committed
by accident or misfortune by a person doing a lawful act by lawful means with
usual and ordinary caution and without any unlawful intent and that is excused
under the law
Interventions- the act of interfering with the outcome or course especially of a
condition or process (as to prevent harm or improve functioning)
Multidimensional Approach- involves the approach of the cognitive,
emotional, and social dimensions to learning, which are considered by Illeris
(2002. 2002. The Three Dimensions of Learning: Contemporary Learning
Theory in the Tension Field Between the Cognitive, the Emotional, and the
Social.
Municipality- A municipality is a political subdivision of a state within which a
municipal corporation has been established to provide general local
government for a specific population concentration in a defined area.
Normlessness- is the sense that social norms regulating individual conduct
have broken down or are no longer effective as rules for behavior. Normlessness is a relative term in two senses. First, it refers to a weakening of socially
approved norms. It is a state where the expectations of behavior are unclear,
and the system has broken down and where society fails to effectively regulate
the expectations or behaviors of its members.
13
Overspeeding-
(comparative
more
overspeeding,
superlative
most
overspeeding) That is travelling at an excessive speed. Is a condition in which
an engine is allowed or forced to turn beyond its design limit.
Overtaking- Overtaking or passing is the act of one vehicle going past another
slower moving vehicle, travelling in the same direction, on a road is the act of
coming from behind another vehicle or person and moving in front of it or them:
Overtaking on the right is permitted when the street is wide enough and there
are no parked cars.
Personality- refers to the enduring characteristics and behavior that comprise
a person's unique adjustment to life, including major traits, interests, drives,
values, self-concept, abilities, and emotional patterns.
Property Damage- (sometimes called damage to property), is the damage or
destruction of real or tangible personal property, caused by negligence, willful
destruction, or an act of nature
Reckless Imprudence- "Reckless imprudence consists in voluntarily, but
without malice, doing or failing to do an act from which material damage results
by reason of inexcusable lack of precaution on the part of the person performing
or failing to perform such act, taking into consideration his employment or
occupation, degree of intelligence, physical condition and other circumstances
regarding persons, time and place.
Risky Behaviours- refers to the tendency to engage in activities that have the
potential to be harmful or dangerous. This can include misusing alcohol, binge
14
drinking, taking illicit substances, driving under the influence, or engaging in
unprotected sex
Self – efficacy- refers to an individual's belief in his or her capacity to execute
behaviors necessary to produce specific performance attainments (Bandura,
1977, 1986, 1997). Self-efficacy reflects confidence in the ability to exert control
over one's own motivation, behavior, and social environment.
Social Context- refers to variables that, while not usually the direct target of
policy, are crucial for understanding the context within which social policy is
developed. refers to the powerful and pervasive effects that the surrounding
social environment has on consumer choices and experiences. It emphasizes
the influence of social factors on consumer behavior, particularly in the domain
of food-related decision making.
Traffic Violation- Traffic violations occur when drivers violate laws that
regulate vehicle operation on streets and highways. These violations are quite
common.
Violation- an action that breaks or acts against something, especially a law,
agreement, principle, or something that should be treated with respect: He
claimed that the way he'd been treated was a gross violation of his
civil/constitutional/human rights.
15
CHAPTER II
The Review of Related Literature and Studies
This chapter presents literature and studies related to the present study.
The researchers gathered these selected related literatures and studies to
guide them in formulating conceptual information and to support their claims in
the study. This chapter presents literature and studies related to the present
study. The researchers gathered these selected related literatures and studies
to guide them in formulating conceptual information and to support their claims
in the study.
This chapter presents the literature and studies related to the present
study. The researchers gathered these selected related literatures and studies
to guide them in formulating the conceptual information and to support their
claims in the study.
Local Literature
According to the book of Carla Carmela P. Perez of Pangasinan State
University on her study entitled Chaid Analysis Of Vehicular Accidents: A
Basis For A Mitigation Policy (2016) stated that road accidents have become
a major issue of concern worldwide. Accident is an event, occurring suddenly,
unexpectedly and inadvertently under unforeseen circumstances. A road
accident is commonly defined as the collision of vehicles, pedestrian or with an
object that will result to death, injury and property damage with at least one
moving vehicle involvement. In the Philippines, road accidents is the leading
cause of deaths.
16
According to the World Health Organization (WHO), 1.2 million people
worldwide die from road accidents. In the Philippines, vehicular accident is the
number 1 type of accident that results to an increasing number of deaths and
number 5 among the top causes of death in the country. Most of the road
accidents that cause death of people primarily involve drivers or those victims.
These road accidents can be attributed to the defective roads and nonstandard
road signs. Many researchers have come up with the causes, effects and
recommendations of vehicular accidents.
These causes include drunken driving, machine failure and over speeding
(Sagberg, Fosser, and Saetermo, 1997). Many research studies have been
carried out about the many reasons of road accidents in the Philippines which
includes drunken driving under the (influence of alcohol and drugs), over
speeding, mechanical malfunctions (happens when the driver does not
regularly check the vehicle) and overtaking (happens when the drivers go
ahead of another vehicles). In short, driver/driving errors are the main reasons
of the continuously increasing number of vehicular accidents.
According to Atty. Manuel J. Laserna Jr., reckless imprudence is
generally defined by our penal law as doing or failing to do an act from which
material damage results by reason of inexcusable lack of precaution on the part
of the person performing or failing to perform such act, taking into consideration
his employment or occupation, degree of intelligence, physical condition and
other circumstances regarding persons, time and place. Reckless imprudence
resulting to homicide, reckless imprudence resulting to physical injury, reckless
17
imprudence resulting to damage to property are the offenses committed in
particular incidents as vehicular accidents.
CHAID is a Classification Tree technique that not only evaluates complex
interactions among predictors, but also displays the modeling results in an
easy-to-interpret tree diagram. In this context, single, two-vehicle, and multivehicle car accidents are examined to identify key factors that influence
accident severity for drivers by mainly focusing on the automobile-related
accidents since they prevail in the general dataset contents. Furthermore,
heavy vehicle-involved accidents dominantly characterize the severity of the
accidents concealing the leading effects of primary parameters. In addition, as
the police in Philippine record only accidents involving fatalities or injuries, not
those involving property damage alone, the dataset in this research includes
“fatal” and “injury” cases. On the other hand, as the dataset has an
overwhelmingly overbalanced distribution of fatal and injury accident rates of
0.7% and 99.3%, respectively, it was challenging to predict the accident
outcome by classifying it as fatal or injury.
Therefore, the evaluation of the accident severity was based on the
conditions of the casualties as the outcome of the accident. Since police reports
classify conditions of the drivers, passengers, and pedestrians into three
categories, there are three designated classes to describe the status of
individuals involved in the accidents: “dead”, “injured”, and “uninjured”. Many
studies have been conducted to develop a prediction model to reveal the
significant factors affecting traffic accident severity [3–7]. Among them, some
18
of the statistical models, such as Logistic and Poisson regression models,
require certain assumptions reducing the accuracy level of the results expected.
Based on the study of Francis Theres Aparece, Norie Maxino Jane,
Nestlen Khim Pore of Cebu Normal University on their study entitled
Exploring the Lived Experienced of Young Motorcycle Drivers from Motor
Vehicular Accidents (MVAs) (2017) explained that motor vehicles have been
the primary mode of transportation over the past decades hence, the increase
in its number worldwide. The US publisher Ward’s estimate that as of 2010
there were 1.015 billion motor vehicles in use in the world. With the trend of
motor vehicles, comes the rise of road traffic accidents worldwide (Worley,
2016).
Motor vehicular accident is an unintended traffic collision wherein one
vehicle would collide into another vehicle, person, animal, tree, pole, or other
stationary block. This would usually result to injuries, death, and destruction of
property (Segen, 2011). Road crashes are leading causes of traumatic injury in
the world. In the 2015 report on road safety by the World Health Organization
(WHO), 1.25 million people worldwide have died because of road accidents and
23% is attributed alone to fatalities caused by motorcyclists. The reported
figures of road fatalities worldwide remained unchanged and the motorcyclists
are always the most endangered constituting 23% of fatalities.
Furthermore, the Philippine’s Department of Public Work and HighwaysTraffic Accident Recording and Analysis System data of 2013, reported 1,513
individuals lost their lives to traffic road accidents while the WHO has estimated
deaths much higher at 10,379 (Francisco, 2015). In addition, it has been
19
reported that motorcycle riders in the Philippines comprised more than half in
road accident deaths.
Moreover, in Cebu, road accident is among the top ten causes of mortality
in 2015 and was confirmed by the data reported by the Cebu City
Transportation Office that six accidents happened every day (Cuizon, 2016). In
line with these statistics, researchers around the globe have begun to explore
the effect of being in a motor vehicular accident to help survivors deal with the
aftermath of the crash. The specific role that an MVA survivor had in a crash
may impact that individual’s stress reaction.
Furthermore, MVAs have been found to be the single leading cause of
postraumatic stress disorder in the general population. They are the most
frequent, directly experienced trauma for men and the second most frequent
trauma for women (Galovski & Veazey, 2016). Encountering an accident can
have profound effects on a young person’s life. Exploring the lived experiences
of young adults in Cebu captured the group’s interest to further understand the
reality of such accidents before, during, and after it happened. Understanding
the meaning of the accident among young adults is vital, so as to fully
extrapolate the significance of the experience and the lessons they learned
from this fall. The study was conducted to explore the experiences of young
adults who encountered vehicular accidents. By understanding the lived
experiences of the informants, this study further broadened up the minds and
hearts of the researchers in caring for these victims.
In accordance to the study of Teodoro J. Herbosa, MD et al of
University of the Philippines Manila on their study entitled Analysis of
20
Transport and Vehicular Crash Cases Using the Online National
Electronic Injury Surveillance System (ONEISS) from 2010 to 2019 (2020)
stated that road traffic is reported to kill about 1.35 million annually, higher than
the recorded 1.5 million deaths in 2000, making road traffic accidents the 8th
leading cause of deaths worldwide. Moreover, road traffic injuries have been
the leading cause of death for children and populations aged 5 to 29 years old.
The most common risk factors for road traffic crashes are human errors such
as speeding, driving under influence of alcohol and psychoactive substances,
non-use of safety equipment (i.e., helmet, seatbelt, and child restraints), and
distracted driving.
On the other hand, risk factors that also impact road safety include poor
road infrastructure, unsafe vehicles, inadequate post-crash care, and poor
implementation of law enforcement of road traffic laws. The most vulnerable
group consists of pedestrians, cyclists, and motorcyclists. They take 54% of all
road traffic deaths. These road traffic accidents pose problems, especially in
developing countries. About 93% of fatalities on roads worldwide come from
low-to-middle income countries (LMICs). This is alarming given that about 60%
of vehicles are in LMICs. In general, road traffic accidents cause a 3% GDP
loss yearly.
In the Philippines, the estimated cost of death and injuries in 2014 due to
accidents on the road is Php 1.2 billion for medical costs, and Php 26.5 billion
for the cost of lost productivity due to illnesses and injuries. This study aims to
provide a profile of transport and vehicular crash (TVC) cases in the Philippines
using a 10- year data (2011–12019) from the online national electronic injury
21
surveillance system (ONEISS). This can provide a status on road safety in the
country and can serve as the basis for policy and program formulation of the
government, whether on a local or national level. In another study, males were
three times more likely to die as compared to females (Ding et al., 2016).
A study on sex differences in road crash severity in Philippines showed
that injury severity for males increases due to behaviors such as violating rules,
over speeding, and unnecessary haste and distraction. In the Philippines, there
was an average increase of 10.34% in the new registrations of
motorcycles/tricycles from 2017 to 2019. In this study, there was low seatbelt
compliance and low usage of air bags. Kim et al. (2019) claimed that seatbelts
can reduce the risk for traumatic brain injuries by 52%, and that airbags does
the same with fatal head injuries by 30%.
In line with the study of Rodiel L. Rodriguez, Jan Tricia B. Villamaria,
and Marvin I. Noroña of Manila, Philippines on their study entitled Analysis
of Factors Affecting Road Traffic Accidents in the City of Makati
Philippines (2015) stated that factors is more appropriate to explain why
accidents occur (Third African road safety congress, 1997). According to
Angelica Batrakova (2015), road safety can be understood as the result of the
safe interaction of participants of traffic themselves and the environment. It is
well-established that driving under the influence of alcohol increases the risk of
accident involvement (Borkenstein et al., 1964). Accidents happen due to the
combination of several factors and are often not caused by a single cause.
Risk increasing factors is more appropriate to explain why accidents occur
(Third African road safety congress, 1997). According to Angelica Batrakova
22
(2015), road safety can be understood as the result of the safe interaction of
participants of traffic themselves and the environment. It is well-established that
driving under the influence of alcohol increases the risk of accident involvement
(Borkenstein et al., 1964). Safety is a significant concern of transportation
planners and engineers in their transportation infrastructure design and its use
(Button, K., 2014). Another critical issue concern is the impact of economic
conditions and their change on traffic safety performance (Bougueroua &
Carnis, 2016).
In the Philippines, which has approximately 103 million population, motor
vehicle traffic is predominant in major islands due to its archipelagic nature,
significant cities, and economic activities (Villoria, O. & Diaz, C., 2000). Metro
Manila's population density swelled from 9,317 persons/sq. km in 1980 to
19,297 person/sq. km in 2012. Over the same period, its share of Philippine
GDP increased from 30.1% to 36.2%. Meanwhile, total registered vehicles rose
from 446,142 to 1,904,305 as privately-owned vehicles (not-for-hire) increased
from 391,178 to 1,717,453 (Yujuico, E., 2014). Road traffic accidents (RTAs) in
the Philippines reached 1.87% of total deaths (WHO, 2014), the second leading
cause of injury death next to assault. In Metro Manila, the current population is
roughly 12 million as of 2015. Approximately 7,000 Filipinos die every year, and
thousands are disabled because of road traffic accidents (WPRO, 2017). In the
Philippines, RTAs have been a significant concern within Metro Manila, with the
cities of Quezon, Makati, and Manila having the highest rates in road accidents
in that order. These cities are considered as central business districts given that
they are the most socially and economically developed. Traffic in these areas
is regarded as bumper to bumper, particularly in significant routes like EDSA,
23
Commonwealth Ave., Quezon Ave., and Roxas Boulevard. Safety is a
significant concern of transportation planners and engineers in their
transportation infrastructure design and its use (Button, K., 2014). Another
critical issue concern is the impact of economic conditions and their change on
traffic safety performance (Bougueroua & Carnis, 2016). In the Philippines,
which has approximately 103 million population, motor vehicle traffic is
predominant in major islands due to its archipelagic nature, significant cities,
and economic activities (Villoria, O. & Diaz, C., 2000). Metro Manila's
population density swelled from 9,317 persons/sq. km in 1980 to 19,297
person/sq. km in 2012. Over the same period, its share of Philippine GDP
increased from 30.1% to 36.2%.
Meanwhile, total registered vehicles rose from 446,142 to 1,904,305 as
privately-owned vehicles (not-for-hire) increased from 391,178 to 1,717,453
(Yujuico, E., 2014). Road traffic accidents (RTAs) in the Philippines reached
1.87% of total deaths (WHO, 2014), the second leading cause of injury death
next to assault. In Metro Manila, the current population is roughly 12 million as
of 2015. Approximately 7,000 Filipinos die every year, and thousands are
disabled because of road traffic accidents (WPRO, 2017).
According to Ervin Raphael R. Alba et al of De La Salle University
Integrated School, Manila on their study entitled Forecasting Road Traffic
Accidents in the Socioeconomic Context (2017) stated that in 2017, road
traffic accidents were the fourth leading cause of death in the Philippines. A
report by the Philippine Statistics Authority in 2016 showed that there were
24
582,123 deaths reported in motorcycle accidents. With the recent prevalence
of motorcycle taxis, this number is likely to increase in the coming years.
A study conducted by Lam et al. (2018), which involved model estimates
of road traffic accidents in the Philippines during 2014, showed that the
projected number of deaths and injuries was equivalent to a direct medical cost
of 1.213 billion pesos. Moreover, the cost in productivity loss due to death and
serious injury resulted in 24.62B and 685M, respectively. Another article by the
World Health Organization (WHO) suggests that road crashes cost $518B
annually on a global scale and affect 1-2% of the gross national product of
countries.
This study also added the importance of awareness towards estimating
the volume of road accidents along with its expenditures in order to create costeffective measurements to further prevent such disasters and ensure safety.
Accident prediction models help road safety practitioners assess the causes of
road accidents; together with engineers, they may help reduce road accidents
by devising safety features. Abdulhafedh in 2017 indicated that accident
prediction models have helped determine the crash frequency and severity of
such crashes. This data has helped transportation agencies, health care
facilities, and research institutions to identify the most dangerous roads.
As cars increase, so do road traffic accidents. This study would help the
LTO, MMDA, and other related agencies to improve road safety features
needed in Metropolitan Manila to reduce road accidents. Moreover, proper
authorities such as the MMDA and LTO would take action to possibly reduce
road accidents in the future. Furthermore, this study can inform the general
25
public to be cautious. All these contribute to lessening road accidents and, in
turn, lessen the economic losses of the nation.
Moreover, the MMDA, along with the Philippine National Police, have to
investigate road accidents thoroughly as the number of “No Accident Factor”
comprised 99% of the data, making it hard for researchers as well as road
safety practitioners to identify the cause of accidents for them to be prevented.
Furthermore, motorists have to be more cautious as this study has found that
the leading cause of motorcycle accidents are due to human error; therefore,
the strict implementation of the AntiDistracted Driving Act of 2016 is highly
recommended by the researchers.
Foreign Literature
According to Abdulbari Bener and David Crundall of Doha Qatar on
their study entitled Risk Taking Behaviour in Road Traffic Accidents and
Fatalities (2019) stated that Road traffic accidents (RTAs) are increasingly
being recognized as a growing public health problem in Bedouin Arabian Gulf
countries. The discovery of oil around the middle of the last century has lead to
changes in many aspects of life in the United Arab Emirates(UAE), not least in
regard to the amount of vehicles on the roads.
Whilst affluence may advance a country in terms of technology,
infrastructure and economic stability, it is not necessarily the case that general
patterns of behaviour will adapt at the same speed. Many etiological factors
play a role in road traffic accidents, including the functional state of the vehicle,
environmental factors, and the behaviour of other road users. One of the most
26
important factors is, of course, the behaviour of the driver, which is the focus of
this paper. Many variables can influence a driver’s behaviour, though
researchers are most often concerned with those variables that can cause
errors of judgment which can increase the risk of a traffic accident.
Some of these factors include the detrimental effects of age (at both
extremes; e.g. Maycock, Lockwood, & Lester, 1991; McKnight and McKnight,
1999; Owsley, Ball, McGwin, Sloane, Roenker, and White, 1998), impaired
vision (Lamble, Summala, & Hyvaerinen, 2002), fatigue (e.g. Thiffault &
Bergeron, 2003), the use of alcohol or drugs (e,g, Bierness & Simpson, 1991),
general experience (e.g. Crundall & Underwood, 1998) and the level of training
and education of drivers (e.g. Crundall, Chapman, Phelps, & Underwood,
2003).
A subset of factors that influence driver behaviour can be identified that
relate to more psychological components inherent in the individual. These
include intelligence, personality, social maturity, arousal, and risk taking
behaviour. These factors will be considered in more detail. This is one of the
reasons suggested for the high number of incidents involving aggressive driving
behaviour and driving offenses.
The study of such incidents, and their relation to traffic accidents, has
become a major concern of researchers over several years. This current
investigation presents recent data concerning RTAs and road user behaviour
in UAE during 1998. Careless driving is identified as the most important factor
in RTAs over the period of study, accounting for over 35% of all incidents, while
excessive speed was the second most common cause. Road traffic accidents
27
(RTAs) are increasingly being recognized as a growing public health problem
in Bedouin Arabian Gulf countries.
The discovery of oil around the middle of the last century has changed
many aspects of life in the United Arab Emirates (UAE) (Bener et al. 1994).
There was an explosion in immigration and population, with a corresponding
increase in vehicle numbers accompanied by rapidly expanding road
construction programmes. Unfortunately patterns of behaviour did not change
so rapidly, with behaviours rooted in both traditional and Western cultures being
mixed together in these countries in amazing combinations (Bener 2001). The
result has been a large increase in the number of road traffic accidents with
casualties and fatalities creating a serious public health problem. This problem
drastically need targeted research in order to identify methods of reducing
accidents and fatalities.
Based on the study of Hussin. A.M.Yahia , Prof. Engr. Dr. Amiruddin
Ismail of Universiti Kebangsaan of Malaysia on their study entitled The
magnitude of traffic accidents and casualtiesin libyacompared to some
other countries (2011) explained that in 2008, 13,725 Injured 2332 killed
13,352 accidents. The data was obtained from General Administration of Traffic
and Authorizations in Libya. There was an increase in the number of registered
cars as well as the majority of the deaths comprised of young the people. In the
last ten years, there were increase accidents, injuries, fatalities and has
become an epidemic to the country. Strictly, application of the traffic lows as
well as national media converge on traffic accident improvement comprise
28
should be increased. Libya is an Arab country, located in the North Africa and
in the south coast of the Mediterranean Sea.
The populations are 6,173,579 million, the private car number
is1,703,362 (Statistics 2009) and increase significantly in ownership of cars and
the number of road traffic accidents by populations, during the last ten years
(1999-2008),the accidents 92.14%and injuries 19.35% deaths also increase ,
road traffic accidents are a major cause of death globally.
In the past few years the World Health Organization has conducted a
thorough study on road accidents in the developing countries (WHO 2000) and
has concluded traffic accidents have tripled and fatalities doubled during the
last ten years and road traffic injuries become are the leading cause of deaths
and injuries, the 10th leading cause of all deaths. Road accidents are a serious
problem and increasingly in developing countries and the Arab countries,
without exception.
The Injuries from accidents is increasing with the continued deterioration
of road safety to levels that become difficult to control, despite the fact that
developing countries do not have only 11% of the 375 million passenger cars
in the world, but they represent 76% of the number of road deaths in the world
amounting to about 500,000 annually and is located about 50% of these
incidents in the cities, in spite of the lack of accurate and comprehensive
statistics of traffic accidents in the world, the indicators of mortality to the
number of incidents indicate that the number of deaths is much higher in
developing countries than in industrialized countries.
29
In accordance to the study of Bitew Mebrahtu of Addis Ababa on his
study entitled Taxi Traffic Accidents in Addis Ababa: Causes, Temporal
and Spatial Variations, and Consequences (2001) explained that since the
distribution of the natural resources on the earth's surface is not evenly
distributed, there exists scarcity of different commodities in different places.
Also there is a difference in specialization in the production of varieties of
commodities and services. Because of these conditions and other related
motives people exchange what they have produced with what they need
irrespective of the distance between them and their partners in trade. Hence,
they have to move from place to place to do so. Any movement of people for
any purpose using different means is known as transportation. As stated by
Bamford and Robinson (1978), "Transport by definition implies a movement,
and every individual from an early age possesses his own "built-in" ability to
move, albeit within a limited area".
Addis Ababa, as a capital city of the Federal Government of Ethiopia, is
located almost in the center of the country. The city has a total population of
2,570,000 according to CSA's projected estimate for 2001 based on the 1994
census report for Addis Ababa (C.S.A, 1999). And the largest proportion of the
vehicle population in the country is concentrated in Addis Ababa. In the inner
area of the city, there is a concentration of government administrative
institutions and commercial activities mixed with residences. The city is
growing, especially, to the south along Debre Zeit Road according to the Office
for the Revision of Addis Ababa Master Plan (ORAAMP) that also stressed that
the city had experienced a horizontal growth in unorderly fashion in recent
years.
30
Furthermore, to show the indispensable role of transport they
generalized that it is difficult to conceive of a situation where transport does not
play a major role in the life of an individual. Definitions by most scholars
concentrate on transport as the movement of people and goods from one place
to another. For instance, refer to the works of Goodal (1987), Peters(1982) and
Khanna (1986). But according to Mekete (1997), transport also includes
movement of information. Likewise, "Transportation is the conveyance of
people, goods and information from one place to another or it is the relocation
of people, goods and information over space."
Road traffic accidents are among the most damaging environmental
impacts, which have resulted from transportation development. Road safety,
therefore, is a worldwide problem. Each year more than half a million people
die in traffic accidents and many more are injured. In this respect, motor
vehicles are usually involved. According to the World Bank (1996), even in
Shanghai (China), where non-motorized traffic dominates, more than 95% of
fatalities and nearly 75% of all registered traffic injuries involve motor vehicles.
In line to the study of Huaikun Xiang, Jiafeng Zhu, Guoyuan Liang
and Yingjun Shen of Nanjing University on their study entitled Prediction of
Dangerous Driving Behavior Based on Vehicle Motion State and
Passenger Feeling Using Cloud Model and Elman Neural Network (2010)
stated that Driving behavior analysis is an important part of research on traffic
safety, which is a reflection of how the driver steers the vehicle including speed
and attitude control. Dangerous driving behaviors are seen as series of
operations performed by the driver on public roads that may result in abnormal
31
traffic conditions and subsequently lead to road accidents (Dronseyko et al.,
2018). Therefore, the analysis of driving behavior can help to measure the
driver’s driving safety and prevent traffic accidents.
A recent report by the American Automobile Association estimated that
56% of fatal crashes occurring between 2003 and 2007 are related to
aggressive driving behavior (American Automobile Association, 2009). In
Shanghai, China, traffic police corps reported that 75.9% (792 out of 1,044) of
the car accidents in 2015 were caused by all kinds of dangerous driving
behaviors (Accident Prevention Division of Traffic Police Corps of Shanghai
Public Security Bureau, 2016).
If the dangerous driving behavior of vehicles can be identified in time,
the driver may be promptly alerted or the vehicle may be forcibly taken over at
a critical time by safety control devices, which will effectively prevent the traffic
accidents from happening. Case by case modeling driver’s personal driving
behavior is the most straightforward way; however, dangerous driving behavior
involves various complex and uncertain factors, such as driving skills,
emergency response ability, gender, mood, fatigue, job pressure and even
educational background, life experience, etc. (Horswill and McKenna, 1999;
Harre and Sibley, 2007; Dula et al., 2011; Day et al., 2018; Fountas et al., 2019;
Useche et al., 2020), thereby making it difficult to directly study personal driving
behavior.
Dangerous driving behavior is the leading factor of road traffic accidents;
therefore, how to predict dangerous driving behavior quickly, accurately, and
robustly has been an active research topic of traffic safety management in the
32
past decades. Previous works are focused on learning the driving characteristic
of drivers or depended on different sensors to estimate vehicle state. In this
paper, we propose a new method for dangerous driving behavior prediction by
using a hybrid model consisting of cloud model and Elman neural network (CMENN) based on vehicle motion state estimation and passenger’s subjective
feeling scores, which is more intuitive in perceiving potential dangerous driving
behaviors. To verify the effectiveness of the proposed method, we have
developed a data acquisition system of driving motion states and apply it to real
traffic scenarios in ShenZhen city of China. Experimental results demonstrate
that the new method is more accurate and robust than classical methods based
on common neural network.
Based on the study of Mengistu Mena Kuleno, Tarekegn Shirko
Lachore and Dr Raju Ramesh Reddy of Ethiopia on their study entitled
Cause and Remedial Measures of Road Traffic Accidents: A Case Study
of Wolaita Zone, Ethiopia (2018) discussed that - Transportation plays an
advanced role in developing countries by facilitating social, economic and
political activities, assuring the use of good governance and development,
stiffening the agricultural and industrial services to reduce poverty and
backwardness. Wolaita zone has been showing fast motorization and
urbanization. But because of lack of road safety awareness, road safety action
plan, road safety laws and enforcement, road infrastructure safety, vehicle
safety standard inspection and lack of management of mixed traffic flow system
there is enormous growth of road traffic accidents. The scale and the severity
burdens of road traffic crashes are increasing adversely.
33
This affects the economy of the country in general and the livelihood of
individuals in particular. The current study is conducted to analyze the total rate
of accident in wolaita zone, Ethiopia. The Accident data were collected from
wolaita zone traffic police office. A Multiple Non Linear Regression equation is
developed to estimate the influence of each contributing factors on the
occurrence of accidents. From the analysis, it is observed that the influence of
over speed and over takings are more leading in occurrence of accidents
followed by failing to give priority and pedestrian factors. Motor cycle takes the
highest share of accident occurrence followed by tracks in wolaita zone. The
study provides alternative remedial measures to reduce various consequences
involved in accidents.
Road Transportation is versatile and flexible in nature. For this matter a
large number of commodities and passengers are transported by road. The
road traffic in many developing African countries of the world including Ethiopia
is heterogeneous in nature. Different classes of vehicles with widely varying
characteristics occupy the available road space. The vehicles that share the
same roadway space include Motorized vehicles such as cars, buses, trucks,
light commercial vehicles, motorized two-wheeler, motorized three wheeler,
etc. and Non- Motorized vehicles like pedal cycles, hand carts, donkey drawn
carts and horse drawn vehicles.
Pedestrians also on several roads share of the road space. As a result the
pedestrians constitute a significant proportion of fatal accident victims in the
country. People travels from one place to another place either to work or to do
business or to study or to enjoy to shopping or for any social affairs using
34
various transport options. But because of lack of road safety awareness, road
safety action plan, road safety laws and enforcement, road infrastructure safety,
vehicle safety standard inspection and lack of management of mixed traffic flow
system there is enormous growth of road traffic accidents.
Globally the burden of road traffic crash is increasing day to day.
According to 2015 Global status report on road safety of the road traffic injuries
indicates that Road traffic accident rates in low and middle-income countries
are more than double those in high-income countries. About 49% of all road
traffic crashes are among motorcyclists, pedestrians and cyclists. The road
crash fatality rate in Ethiopia was 23837 deaths per 100,000 inhabitant per year.
The estimated road traffic death rate per 100 000 population is 25.3% and
recorded as the highest death rate.
35
CHAPTER III
Research Design and Methodology
This chapter deals with the methodological procedures of the study of
the Reckless imprudence resulting in homicide and damage to property in Sta.
Rita Samar in the year 2022 to 2024 by which the data pertinent to the research
problems were collected. It presents the description of the research design and
the data gathering procedures. A qualitative approach was chosen to gain a
deeper understanding of the ordinance’s effects on crime rates, public
disturbances, and community dynamics. The study relies on in-depth
interviews, field observations, and document analysis to capture the
perspectives of police officers, barangay officials, and other stakeholders. By
focusing on qualitative methods, this chapter aims to provide rich, detailed
insights into the complex interplay between cultural practices, regulatory
measures, and community well-being.
Research Design
This study entitled The Implementation of Reckless imprudence
resulting in homicide and damage to property in Sta. Rita Samar in the year
2022 to 2024 is a qualitative research that is to find existing information and
data regarding Reckless imprudence resulting in homicide and damage to
property in Sta. Rita Samar in the year 2022 to 2024. This study also discusses
concerning if reckless imprudence resulting to homicide is a traffic violation, the
proving process of reckless imprudence resulting to homicide and damage to
property and the causes of reckless imprudence resulting to homicide and
damage to property. It emphasizes depth over breadth, aiming to uncover the
36
meanings and patterns behind social phenomena. Through qualitative
methods, this research seeks to gather rich, detailed narratives and
observations that illuminate the nuanced effects of the ordinance, particularly
on how it has influenced the daily lives and interactions within the community.
This approach allows for an exploration of the lived experiences of individuals
and provides a comprehensive understanding of the socio-cultural dynamics at
play.
The choice of a qualitative approach for this study is driven by the need
to investigate complex social phenomena that cannot be fully understood
through quantitative measures alone. The implementation of Reckless
imprudence resulting in homicide and damage to property in Sta. Rita Samar in
the year 2022 to 2024. These aspects are inherently subjective and require a
method that can capture the depth of individual and collective experiences.
Qualitative research methods, such as in-depth interviews and field
observations, are particularly suited for exploring how residents perceive the
ordinance, how it has impacted their behavior, and how it aligns with broader
community values. By focusing on qualitative insights, the study aims to identify
patterns and themes that might not emerge in a purely numerical analysis.
Furthermore, qualitative research is appropriate for this study as it provides
flexibility and adaptability, essential for examining dynamic social settings. The
impact of the said problem in the society is something we need to look into; it
evolves as the community adapts to its enforcement. A qualitative approach
enables the researcher to delve into the contextual factors and social intricacies
that shape the ordinance’s effectiveness. This method also fosters an
environment where participants can openly share their thoughts, experiences,
37
and suggestions, ensuring that their voices are central to the findings. By
employing qualitative research, this study aims to contribute meaningful
insights to policymakers and community leaders, offering a deeper
understanding of how regulations can balance cultural expression and public
order effectively.
Research Method
In this study, the researcher used the descriptive method of research
which was appropriate in describing and assessing Reckless imprudence
resulting in homicide and damage to property in Sta. Rita Samar in the year
2022 to 2024. This research involves the purpose of the study which is to unlock
new information which will be an essential tool for future use, and to know the
cause-and-effect of the study. The choice of a descriptive research method is
well-suited to the study's objectives as it emphasizes a detailed exploration of
the ordinance's effects without manipulating or altering the existing conditions.
Descriptive research is particularly effective when the goal is to understand
"what is" in a specific context, making it an ideal approach for this study. The
vehicle ordinance and its implications involve various social, cultural, and
behavioral aspects that need to be described in detail to comprehend their full
impact. By utilizing this method, the study can document the observable
patterns of this vehicular accidents, the behaviors of riders and operators, and
the crime trends associated with the ordinance's enforcement. This approach
allows for a holistic understanding of the phenomenon, rooted in the real-life
experiences and perceptions of those affected.
Moreover, the descriptive
nature of the research enables it to highlight potential areas for improvement in
38
the ordinance and its implementation. By describing the types of public
disturbances most commonly linked to vehicular accidents, the study provides
insights into specific issues that need to be addressed. Additionally, the method
facilitates the exploration of residents' perspectives and suggestions for
strengthening the ordinance to reduce noise-related disruptions further.
Descriptive research's emphasis on observation and detailed reporting ensures
that the findings are grounded in reality, offering valuable data to inform policymaking and community interventions. By capturing the essence of the issue
through a descriptive lens, this study aims to contribute to the ongoing efforts
to balance cultural expression and public order in Sta. Rita, Samar.
Method of Data Gathering
The following procedures were undertaken in gathering data by
the researcher. This involves the collecting of information by secondary sources
relevant and concerning to the topic. First, the researcher prepares all the
necessary questions as a guide in collecting data. Then careful research was
done in line with the topic. After which, the data gathered were analysed and
interpreted. Qualitative methods are designed to provide an in-depth
understanding of complex social phenomena by focusing on the perspectives,
emotions, and lived experiences of individuals. This approach enables the
study to uncover insights into how the ordinance has influenced crime rates,
public disturbances, and overall community dynamics. The primary methods of
data collection included semi-structured interviews and direct observation, both
of which are instrumental in exploring the multifaceted implications of the
vehicular ordinances.
39
Semi-structured interviews were conducted with key informants such as
local enforcers of the ordinance. This method was chosen for its flexibility,
allowing the researcher to probe deeper into specific issues while ensuring that
core topics related to the study's objectives were thoroughly addressed. By
engaging participants in open-ended conversations, the study was able to
capture a wide range of viewpoints and experiences, shedding light on both the
challenges and successes of the ordinance's implementation. The interviews
provided detailed narratives about the types of vehicular accidents, common
reason of these vehicular accidents and the ordinance’s impact on fostering a
safer and more harmonious community.
Direct observation complemented the interviews by enabling the
researcher to document real-life instances of reckless imprudence that resulted
to vehicular accident and their resolution. Through non-participatory
observation, the study captured authentic interactions, behaviors, and
enforcement practices within the community. This method allowed for a
firsthand assessment of how the ordinance was implemented and its effects on
public order. Observations were particularly useful in identifying patterns of
noise-related disruptions and gauging the community’s response to
enforcement measures. Together, the qualitative methods of interviews and
observation provided a rich and comprehensive dataset, allowing the study to
delve deeply into the social dynamics surrounding the topic on reckless
imprudence resulting to homicide and damaged to property and its broader
implications for community well-being.
40
Chapter IV
Presentation, Analysis and Interpretation of Data
This chapter contains the presentation and evaluation of data acquired
from Google Scholar websites as well as the current state of the issue. It will
assist you in acquiring reliable information and completing this chapter.
Presentation
The topic that the researcher needed to present is about the Reckless
imprudence resulting in homicide and damage to property in Sta. Rita Samar in
the year 2022 to 2024. More specifically, the researchers sought to answer the
following questions:
Is reckless imprudence resulting to homicide is a traffic violation?
According to some information online, considering Reckless Imprudence
Resulting in Homicide and damage to property in Sta. Rita Samar as a traffic
violation is merely cannot argue with the definition of murder. "Reckless
imprudence is not merely a way of committing a crime. We noted that: (1) the
object of punishment in quasi-crimes is the mental attitude or condition behind
the act, the dangerous recklessness, lack of care or foresight, while in
intentional crimes, the act itself is punished; (2) the legislature intended to treat
quasi-crimes as distinct offenses otherwise they would have been subsumed
under the mitigating circumstance of minimal intent; and (3) the penalty
structure for quasi-crimes differ from intentional crimes in that the criminal
negligence bears no relation to the individual willful crime but is set in relation
41
to a whole class, or series of crimes. In addition to this, PMaj Pabuna thru Police
Officer Batica explained that, the correct way of alleging quasi-crimes is to state
that their commission resulted in damage, either to person or property, such as
reckless imprudence resulting in homicide or simple imprudence causing
damage to property.
How do you prove reckless imprudence resulting in homicide and damage to
property?
Based on the stated facts of PMaj Pabunan, applying the foregoing law
abided in Sta. Rita Samar, reckless imprudence is the voluntary, but without
malice or intent, doing or non-doing of an act from which material damage
results by reason of inexcusable lack of precaution on the part of a person's
performance or lack thereof. In essence, reckless imprudence is not merely a
way of committing a crime. The object of punishment in quasi-crimes is the
mental attitude or condition behind the act, the dangerous recklessness, lack
of care or foresight. The following way to prove reckless imprudence resulting
to homicide as a crime follows with some criteria and elements.
The elements of reckless imprudence are: (1) that the offender does or
fails to do an act; (2) that the doing or the failure to do that act is voluntary; (3)
that it be without malice; (4) that material damage results from the reckless
imprudence; and (5) that there is inexcusable lack of precaution on the part of
the offender, taking into consideration his employment or occupation, degree
of intelligence, physical condition, and other circumstances regarding persons,
time, and place
42
What are the causes of reckless imprudence resulting in homicide and damage
to property?
Some information online explained that reckless Imprudence Resulting in
Homicide and damage to property consists in voluntarily, but without malice,
doing or failing to do an act from which material damage results by reason of
inexcusable lack of precaution on the part of the person performing or failing to
perform such act, taking into consideration his employment or occupation,
degree of intelligence, physical condition and other circumstances regarding
persons, time and place. And as stated by the respondent, the common
problem in Sta. Rita Samar was the undisciplined people who are often called
as KasKas Driver.
Analysis
The study about Reckless imprudence resulting in homicide and
damage to property in Sta. Rita Samar in the year 2022 to 2024 ensures to
gather data to support the said study as it was being presented below. Table
1.0 shows the respondent, the name of the respondent, the address and the
respondent position at work. Table 2.0 shows the total number of reported
reckless imprudence resulting to homicide incident in Sta. Rita MPS, together
with the month it was reported and Table 3.0 shows the total number of reported
reckless imprudence resulting in damage to property in Sta. Rita MPS, together
with the month it was reported.
43
Respondent
Name of the Responding
Name of the
Station
Respondent
Sta. Rita Municipality Police
Rex Pabunan
Position
Chief of
Station
Police
Table 1.0 Respondent
Total Number of Reported Reckless Imprudence Resulting to
Homicide Incident in the year 2022 – 2024
2022
2023
2024
Total Number of
Total Number of
Total Number of Cases
Cases
Cases
Month
No. of
Month
Cases
No. of
Month
Cases
Cases
January
January
January
February
February
February
March
March
March
1
April
April
May
May
May
June
June
June
1
1
1
April
July
July
1
July
August
August
1
August
September
September
September
44
No. of
1
October
October
October
November
November
November
December
December
December
1
Total
3
Total
3
Total
2
Table 2.0 Reported RIR to Homicide Incident
Total Number of Reported Reckless Imprudence Resulting to Damage
Property in the year 2022 – 2024
2022
2023
2024
Total Number of
Total Number of
Total Number of Cases
Cases
Cases
Month
No. of
Month
Cases
No. of
Month
Cases
Cases
January
January
January
February
February
February
March
March
March
April
April
May
May
May
June
June
July
July
July
August
August
September
September
September
October
October
October
June
1
1
1
45
No. of
1
April
August
1
November
December
1
Total
2
November
November
December
December
Tota
2
Total
2
Table 3.0 Reported RIR to Damage Property
INTERPRETATION
In this research study entitled Reckless imprudence resulting in
homicide and damage to property in Sta. Rita Samar in the year 2022 to 2024,
it was found out that according to the respondent as shown on Table 1.0 stated
that there are 8 reported RIR to Homicide incident in total for the year 2022 2024 wherein 3 of them are from the year 2022 (March - 1 and June - 1 and
December – 1), and 3 from the year 2023 (April – 1, July – 1 and August – 1)
reported RIR to Homicide incident in Sta. Rita MPS as shown in Table 2.0, and
on 2024 there were 2 (March – 1 and September – 1) reported RIR to Homicide
Incident. In addition to this as shown on Table 3.0 stated that there are 6
reported RIR to Damage Property in total for the year 2022 - 2024 wherein 2 of
them are from the year 2022 (June - 1 and December – 1), and 2 from the year
2023 (April – 1and August – 1) reported RIR to Damage Property in Sta. Rita
MPS, and on 2024 there were 2 (March – 1 and September – 1) reported RIR
to Damage Property shown in Table 3.0. The data gathered are being helpful
to support the study.
46
Chapter V
SUMMARY, CONCLUSION AND RECOMMENDATIONS
The chapter presents the summary of findings, conclusions and
recommendations of the study.
Summary
This study is aimed to determine the Reckless imprudence resulting in
homicide and damage to property in Sta. Rita Samar in the year 2022 to 2024.
This study sought to provide answers to the following problems formulated in
this study. To summarized the answers being formulated. Reckless driving is a
major contributing factor to road morbidity and mortality. While further research
into the nature and impact of reckless driving, particularly among young people,
is urgently needed, the measurement of reckless driving behaviour also
requires increased attention. Three major shortcomings apparent in established
measures of driver behaviour are that they do not target the full range of
reckless driving behaviours, they measure characteristics other than driving
behaviours, and/or they fail to categorize and label reckless driver behaviour
based on characteristics of the behaviours themselves.
As shown with all the data gathered, it appears that reckless imprudence
resulting in homicide and damage to property is something that cannot be
prevented. Due to unprecedented problem occurring because of reckless
driving, it is important to consider that a simple road accident can create a
bigger problem. As the data shows that there are 8 RIR to Homicide incident
47
and 6 RIR to Damage to property expanded the idea that it is important to follow
traffic rules.
Conclusion
With the significant findings of this study, the following conclusions are
drawn. Reckless Imprudence resulting in homicide and damage to property is
really a problem caused by undisciplined drivers, it is also being concluded that
the occurrence of RIR was mainly because driver felt like they control the road.
On the data gathered and response from respondent, it was also
concluded that despite the awareness provided by the Land Transportation
Office and other government agencies that assessed with the findings of RIR
incident, people are just undisciplined in following and complying with the traffic
rules and regulations that resulted for the occurrence of this incidents.
Recommendations
Based on the findings of the study, these were the recommendations
arrived intended specifically to the following:
1. Every driver should focus on their own driving to ensure that they will
arrive on their destination safely/
2. Every driver should be cautious and considerate, they should also
provide space to other drivers.
3. Avoid creating a situation that may cause provocation, proper
communication in case of problem in the road can ease the
commotion and provocation.
48
4. Local Government Unit of Sta. Rita Samar should ensure to
implement ordinances regarding reckless driving.
5. Every driver should be provided with seminars and symposiums to
ensure that they are knowledgeable enough to drive safely.
6. Every driver should follow and abide traffic rules and regulations to
ensure that they will not cause any accident.
7. Traffic Enforcers should strictly implement the traffic rules for the
safety of the driver.
8. High penalty should always be given for those reckless drivers.
9. Local Government Unit should allocate funds that will be used for the
installation of speed tracker and cameras to capture any accident.
10. Every driver should ensure that they are wearing protective gear
when driving to prevent any accident.
49
BIBLIOGRAPHY
Abdel-Aty, Mohamed, & Abdelwahab, H. (2004). Modeling Rear-end Collisions
Including the Role of Driver’s Visibility and Light Truck Vehicles using a
Nested Logit Structure. Accident Analysis and Prevention, 36(3), 447–56.
Chang, L. Y., & Mannering, F. (1999). Analysis of Injury Severity and Vehicle
Occupancy in Truck- and Non-Truck-Involved Accidents. Accident
Analysis
and
Prevention,
31(5),
579–92.
Retrieved
from
http://www.ncbi.nlm.nih.gov/pubmed/10440555
De Lapparent, M., (2006). “Empirical Bayesian Analysis of Accident Severity
for Motorcyclists in Large French Urban Areas”. Accident Analysis and
Prevention. 38 (2), 260-268.
Flores GM, Gotohio MP, Paras NG, Seva RR. Analysis of motorcycle accidents
based on environmental and personal factors. Manila, Metro Manila,
Philippines. In: Proceedings of the 2nd International Conference on
Industrial Engineering and Operations Management; 2011 Jan 22-24;
Kuala Lumpur, MY. Sydney: IEOM Research Solutions Pty Ltd; 2011. p.
820-5.
Donate-Lopez, C., Espigares-Rodriguez, E., Jimenez-Moleon, J.J., Luna-delCastillo, J.d.D., Bueno-Cavanillas, A., Lardelli-Claret, P., (2010). The
Association of Age, Sex and Helmet use with the risk of Death for
Occupants of Two- Wheeled motor vehicles involved in traffic crashes in
Spain Accident Analysis and Prevention. 42 (1), 297-306.
Francisco, K. (2015). Road Deaths in PH: Most are motorcycle riders,
pedestrians. Retrieved from http://www.rappler.com/nation/110789-roadsafety-report-2015- whophilippines
50
Laserna
(2013).
Reckless
Imprudence
Definition.
Retrieved
from
http://www.attylaserna.blogspot.com/2013/12/reckless-imprudence-rightofway.html
Lev, D., Hershkovitz, E., Yechiam, E. (2008). Decision Making and Personality
in Traffic Offenders: A Study of Israeli Drivers. Accident Analysis and
Prevention. 40 (1), 223-230 March (2016). Chi-Square Automatic
Interaction
Detector
Analysis.
Retrieved
from
http://www.TREE-
CHAID.pdf
Oppong
(2012).
Road
Accidents
in
Ghana..
Retrieved
from
http://www.ir.knust.edu.gh/bitstream/123456789/4544/1/FINAL%20THE
SIS%202012,%20Oppong,%20Richard%20Asumadu.pdf
Savolainen, P., Mannering, F. (2007). Probabilistic Models of Motorcyclists'
Injury Severities in Single- and Multi-Vehicle Crashes. Accident Analysis
and Prevention. Vol. 39 (5), 955- 963
Smith, J., Flowers, P. & Osborn, M. (1997). Interpretative phenomenological
analysis and health psychology. Material Discourses and Health.London.
Routledge, pp. 68–91.
Metro Manila Development Authority (MMDA). MMARAS Annual Report 2019
[Internet].
2019
[cited
2021
Jul].
Available
https://mmda.gov.ph/images/Home/FOI/MMARAS/MMARAS_
Annual_Report_2019.pdf
51
from:
Curriculum Vitae
Personal Information
NAME
: Jiremie Y. Gabuay
ADDRESS
: Bagolibas Sta.Rita Western Samar
BIRTHDATE
: September 19,98
AGE
: 24
SEX
: Male
HEIGHT
: 5'6
WEIGHT
: 83
FATHER’S NAME : Jaime S. Gabuay
OCCUPATION
: S/G
ADDRESS
: Bagolibas Sta.Rita Western Samar
MOTHER’S NAME : Mary Y. Gabuay
OCCUPATION
: N/A
ADDRESS
: Bagolibas Sta.Rita Western Samar
Educational Background
PRIMARY
: City Central School
SECONDARY
: ALS
TERTIARY
: Holy Spirit College Foundation INC.
Course Taken
: BS Criminology
52