ILOILO City — The Office of the Capiz Provincial Prosecutor has dismissed the criminal complaints against busker and online personality Clyde Ortencio who figured in a vehicular accident that resulted in the deaths of a mother and her infant.
In a joint resolution, the prosecutor’s office found insufficient evidence to charge Ortencio with reckless imprudence resulting in homicide.
The decision highlighted the application of the “last clear chance” doctrine, which placed the final responsibility for avoiding the accident on the victims’ side.
Doctrine of ‘last clear chance’
The “last clear chance” doctrine, or the “doctrine of discovered peril”, is a principle in Philippine law used in cases of contributory negligence.
It holds that the party who had the final opportunity to prevent an accident but failed to do so is liable for the resulting damages.
In this case, the prosecutor determined that Leomar Gellangarin, the tricycle driver and husband of one of the victims, had the last clear chance to avoid the collision but failed to exercise due care.
The incident
The accident occurred on November 24, 2023, along the national highway in Barangay Bitoon Ilaya, Cuartero, Capiz.
The victims, Ivy and her infant daughter Chalea, were passengers in a tricycle driven by Ivy’s husband, Leomar.
An SUV allegedly driven by Ortencio was reported to have struck the tricycle from behind, causing Ivy and Chalea to be thrown onto the opposite lane, where a van fatally ran them over.
Ortencio denied the allegations, and investigations revealed that Gellangarin’s tricycle veered into the SUV’s lane, leading to the collision.
Police found that Gellangarin was driving a tricycle with expired registration, no plate number, and without a Certificate of Registration (CR) or Official Receipt (OR).
He also did not possess a valid driver’s license.
He violated DILG Memorandum Circular 2020-026, which prohibits tricycles on national highways used by vehicles exceeding four tons or with speed limits over 40 KPH.
Police investigation also indicated that Gellangarin’s tricycle was in the inner lane but moved into the outer lane, where the collision occurred.
The prosecutor’s office concluded that Gellangarin, not Ortencio, had the final opportunity to avoid the accident.
The prosecutor recommended the dismissal of the complaints against Ortencio, citing the lack of sufficient evidence to convict him of reckless imprudence.
The resolution also underscored the importance of the “last clear chance” doctrine in resolving legal disputes involving contributory negligence.
The case serves as a reminder to all motorists of their responsibility to exercise due care, particularly in situations where accidents are foreseeable and avoidable.
For Ortencio, the resolution not only cleared him of criminal liability but also reinforced the need for accountability and vigilance on the road./PN
