Restraining Road Rage: Current Laws and Proposed Bills for Penalizing Road Rage
Viral videos showing road rage incidents have been circulating online, wherein motorists are seen in physical or verbal altercations. Sometimes, they are armed with a gun, about to pull the trigger. Although no laws punish road rage, per se, there are laws that punish the circumstances surrounding these road rage incidents.
The case of Jason Ivler shows us an example of how the circumstances surrounding the road rage incident were punished by law. In this road rage incident, Ivler shot Renato Ebarle Jr. causing his death. This led to the indictment and conviction of Ivler for murder (People of the Philippines vs. Jason Ivler y Aguilar G.R. No. 241783, 11 November 2019).
In the current viral videos, it can be seen that there are motorists that punch or hit the other party, whether it be another motorist or cyclist. The crime of physical injuries is present in such situations. Article 263, 265, and 266 of the Revised Penal Code (RPC) punish the crime of serious, less serious, and slight physical injuries respectively.
The motorist that inflicts injury is liable for serious physical injuries under Article 263 of the RPC when:
The victim loses any of their senses;
The victim loses any of their body parts;
The victim becomes insane, imbecile, impotent, or blind; or
The victim is incapacitated for more than thirty (30) days.
They may suffer a penalty of imprisonment for a term of 6 months and 1 day to 12 years, as the case may be.
The motorist may be liable for less serious physical injuries when the victim is incapacitated for more than 10 days but not exceeding 30 days which carries with it a penalty of imprisonment for a term of 1 month and 1 day to 4 years and 2 months as the case may be (Article 265, RPC).
In any case, whether there is visible injury or not, the person inflicting the injury may be liable for slight physical injuries which carries with it a penalty of imprisonment for a term of 1-30 days or a fine ranging from Php 5,000.00 to Php 40,000.00 as the case may be (Article 266, RPC).
These videos also show the motorists grabbing, cocking, or holding their gun, with some of them pointing this to the other person. Depending on the words spoken prior to or after holding their gun, they may be liable for grave threats under Article 282 of the RPC.
In discussing Article 282, the Supreme Court has further provided that:
“In grave threats, the wrong threatened which amounts to a crime may or may not be accompanied by a condition…
Hence, under Article 282, there are two (2) forms of committing grave threats:
First, when the infliction of the threat upon the person, honor or property, or the family of a person is coupled with condition; and
Second, when the alleged threatening act or remark is not subject to a condition.” (Caluag vs. People, G.R. No. 171511, 4 March 2009.)
The surrounding circumstances must be taken into account in determining whether the motorist is liable for grave threats. In these videos, the second form of grave threats are present since (1) it can be seen that the motorists are grabbing, cocking, or holding their gun, at times against the victim, initiating that they will kill or at the very least hurt the victim and (2) such act or threat to hurt or kill is done without any condition.
Should the motorist involved in the incident be a police officer, they may be administratively liable and dismissed from office when the discharge of the firearm was without sufficient provocation.
House Bill 8991 was filed last August 2023. The proposed bill defines road rage as “the aggressive, hostile or violent behavior in traffic or on the road by a motorist”. It seeks to penalize road rage that results in death with a term of six to twelve years imprisonment and a fine between ₱250,000 and ₱500,000 at the discretion of the court. It further proposes that government officials or employees in a road rage may be permanently barred from government service. In 2022, House Bill 1511 was filed. However, it is still pending before the committee on transportation. This bill seeks to penalize road rage as well.
CSC vs. PO1 Fuentes, G.R. No. 237322, 10 January 2023
In case of road-rage inducing events, keep calm and instead of resorting to violence, call Batocabe & Partners at 8 687-1025 to guide you through a proper resolution.
