The probability of a motorcycle being sideswiped by a car or a jeepney t-boning a truck has dramatically increased.

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So it is only natural to ask oneself what one would do in the event of a vehicular accident. Let’s say you figured in a collision causing damage to another car, would an offer of compromise by paying for its repair be taken against you?

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No. In civil cases, an offer of compromise is not an admission of any liability, and is not admissible in evidence against the offeror. Neither is evidence of conduct nor statements made in compromise negotiations admissible subject to certain exceptions. (1st paragraph of Section 27, Rule 130, Revised Rules of Evidence)

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In criminal cases involving criminal negligence (such as reckless imprudence resulting in damage to another vehicle), an offer of compromise by the accused cannot be received in evidence as an implied admission of guilt. (2nd paragraph of Section 27, Rule 130, Revised Rules of Evidence)

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What if you accidentally ran over a pedestrian? Assuming that there was no reckless imprudence on your part, would taking the injured pedestrian to the hospital and shouldering the bills in part or in full be construed as an admission of guilt or proof of liability?

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No. An offer to pay, or the payment of medical, hospital or other expenses occasioned by an injury, is not admissible in evidence as proof of civil or criminal liability for the injury. (4th paragraph of Section 27, Rule 130, Revised Rules of Evidence)

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance on traffic laws and civil/criminal liability in vehicular accidents, consult with a legal professional.

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Padin & Partners Law Offices is a full-service law firm that provides assistance in criminal law concerns in Cebu City, Philippines. For consultations, book an appointment or reach us at  +63 (32) 316-1540 or +63 917 188 0361.

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