This case has been cited 2 times or more.
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2004-06-16 |
QUISUMBING, J. |
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| A driver abandoning his proper lane for the purpose of overtaking another vehicle in an ordinary situation has the duty to see to it that the road is clear and not to proceed if he cannot do so in safety. When a motor vehicle is approaching or rounding a curve, there is special necessity for keeping to the right side of the road and the driver does not have the right to drive on the left hand side relying upon having time to turn to the right if a car approaching from the opposite direction comes into view.[13] | |||||
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2003-06-20 |
QUISUMBING, J. |
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| It is a settled rule that a driver abandoning his proper lane for the purpose of overtaking another vehicle in an ordinary situation has the duty to see to it that the road is clear and he should not proceed if he cannot do so in safety.[15] This rule is consistent with Section 41, paragraph (a) of R.A. 4136 as amended, otherwise known as The Land Transportation and Traffic Code, which provides:Sec. 41. Restrictions on overtaking and passing. (a) The driver of a vehicle shall not drive to the left side of the center line of a highway in overtaking or passing another vehicle proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking or passing to be made in safety. In the present case, there was only a distance of 30 meters from the Tamaraw jeepney when the Isuzu pick-up abandoned its lane and swerved to the left of the center line.[16] In addition, petitioner was running at a fast clip while traversing this lane. This was testified to by Seyan and Iran, unrebutted by petitioner. The resulting damage to the Tamaraw jeepney, at the point where the head and chassis were separated from the body, bolsters this conclusion that petitioner was speeding. In our view, petitioner was negligent in several ways, and his negligence was the proximate cause of the collision. In abandoning his lane, he did not see to it first that the opposite lane was free of oncoming traffic and was available for a safe passage. Further, after seeing the Tamaraw jeepney ahead, petitioner did not slow down, contrary to the rule set in Batangas Laguna Tayabas Bus Co. v. IAC,[17] thus: | |||||