Revocation of driver’s license despite amicable settlement in vehicular accident

DearPAO,

My friend died whenhismotorcycle was hit by an overspeeding van.Nocriminal casewasfiledas myfriend’sfamily settledthecaseoutofcourt.Iamjustwonderingif thedriveroftheoverspeedingvanmaystillhavehis driver’slicenserevoked.

Ferg

Dear Ferg,

Please be informed of the provisions of Section 20 (C), Rule IV, Implementing Rules and Regulations of Republic Act 10930 otherwise known as “An Act Rationalizing and Strengthening the Policy Regarding Driver’s License by Extending the Validity of Period of Driver’s Licenses, And Penalizing Acts in Violation of its Issuance and Application, Amending for those Purpose Section 23 of Republic Act 4136, As Amended by Batas Pambansa 398 and Executive Order 1011, Otherwise Known as the Land Transportation and Traffic Code,” which read:

“Section 20. Unlawful Acts and Corresponding Penalties. – Without prejudice to the penalties provided under the Revised Penal Code and other applicable laws, the penalties corresponding to the following acts shall be imposed by the appropriate agency or officer: “xxx

“c. A holder of the driver’s license who acts in violation of the provisions of Republic Act No. 4136 and other existing traffic laws shall suffer corresponding penalties as may be provided by law and other issuances.

“In case of death or physical injuries resulting in the loss of any part of the victim’s body or the use thereof, insanity, imbecility, impotence or blindness, or incapacity to work for more than ninety (90) days, the license of the offending driver shall be revoked for a period of four (4) years, after a finding by a court that such driver was negligent or at fault.

NOTWITHSTANDING THE NON-fiLING OF an action in court or the amicable settlement of the dispute, the Assistant Secretary may still exercise his Authority to suspend or revoke the license of the driver who had caused such death or serious physical injury after his determination that the driver is an improper person to operate motor vehicles.”

(Emphases supplied) Based on the aforementioned rule, the assistant secretary for Land Transportation may still suspend or revoke the license of the driver who is responsible for the death or serious physical injury of another upon determination that such driver is an improper person to operate motor vehicles despite the amicable settlement of the dispute or vehicular accident.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.