Drunk-driving lady charged for death, injury of motorists

THE CITY Prosecutor’s Office has indicted an alleged drunk-driving woman whose act of counter-flowing led to the death of a motorcycle rider and injury to three others near the Davao International Airport in Carlos P. Garcia highway last July 30.

Prosecutor Rizalyn Gonzales found probable cause to indict Rhea Jane Pañares, 22, a marketing coordinator and resident of Buhangin, for reckless imprudence resulting in homicide and damage to property and reckless imprudence resulting in physical injuries and damage to property.

In a three-page resolution, Gonzales stated there was aggravating circumstance because the respondent did not give any type of assistance at the time and place of the incident.

The incident led to the death of motorcycle rider Jonathan Movera, 44; his passenger Stephanie Claire Movera, 19, and two other motorists Carlo Mark Agbayani, 34, and Alma Agbayani, 60, who were also seriously wounded.

The resolution showed that on July 30, along C.P. Garcia highway (near the airport cargo entrance), a counter-flowing Suzuki mini-van driven by the respondent hit two motorcycles ridden by the victims.

Survivor Carlo, in his affidavit, said that prior to the incident, he personally noticed the Suzuki mini-van to be counter-flowing, running at high speed and serving from left to right with its headlights turned off.

Witness Irwin Agbayani and Ramil Gonzaga stated in their affidavits that while Agbayani was driving his motorcycle, confirmed that the mini-van was serving from left to right, counter-flowing and encroaching the opposite lane prior to the impact.

Agbayani maneuvered his motorcycle and successfully evaded the mini-van. The two claimed they immediately heard a bang.

Upon verification, they learned that the Suzuki mini-van bumped a Kawasaki motorcycle driven by Movera, who died on the spot as he was dragged for few meters.

Carlo and Alma were also seen to be lying on the pavement.

The victims were rushed to the hospital and stayed there at least a week to heal.

The motorcycles of the victims were also damaged.

Moreover, the traffic accident report indicated that the respondent failed to present any driver’s license, and she was under the influence of liquor at the time of the incident.

The medical certificate issued by the Southern Philippines Medical Center (SPMC) said the respondent tested positive during the alcohol breath test.

“Hence, due to the apparent reckless driving of the respondent, she is indictable for resulting slight physical injuries sustained by complainants Carlo Mark Agbayani and Alma Agbayani, for the death of Jonathan Movera, for serious physical injuries sustained by Stephanie Claire Movera,” the resolution read.

It was also indicated that with the respondent’s failure to show her driver’s license when asked by traffic investigator, she violated the Land Transportation and Traffic Code.

However, the prosecutor dropped the charge for violation of RA 10586 (or the Anti-Drunk and Drugged Driving Act of 2013) against the respondent for lack of probable cause.

The respondent is currently held under the custody of Buhangin Police Precinct.

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