Amiel Alcantara – some closure and justice : Woman gets 2 to 6 years in jail for running over Ateneo student
Woman gets 2 to 6 years in jail for running over Ateneo student
The family of the late Julian Carlo Miguel “Amiel” Alcantara has finally found justice, closure, and forgiveness after a Quezon City Regional Trial Court convicted the woman who had hit and run over him at the Ateneo de Manila University parking lot eight years ago.
In a 23-page decision promulgated on Dec. 8, Judge Cecilyn Villavert of Branch 89 of the Quezon City RTC sentenced Ma. Theresa Torres to two to six years in prison and ordered her to pay Amiel’s family P4.4 million in criminal and civil damages.
In the courtroom, Torres walked to Amiel’s parents, Jose Fernando and Melanie Alcantara, after the verdict was read and all broke down in tears, a family friend of the Alcantaras told the Inquirer on Sunday.
When he died, Amiel was 10 years old, a fourth grade student at the Ateneo.
The friend said the Alcantara family had forgiven Torres, herself a mother.
Amiel also lives in the lessons everybody learned from the incident. His family recognizes how Ateneo has continued to improve its traffic system, which by now has been emulated by other schools.
Moreover, the public has become more aware and concerned for the need for comprehensive road safety regulations and enforcement.
Of the P4.4 million worth of damages, P2 million is for exemplary damage, which the court grants as an example for the public good.
It was on Feb. 24, 2009 at around 4:30 p.m. when Torres stayed with her daughter inside a borrowed Toyota Hi-Ace van at the Ateneo parking lot while they were waiting for her driver to pick up her son.
Torres said she heard several cars honking behind her, which prompted her to shift to the driver’s side and move the van.
At that moment, Amiel, Avie, younger sister Jana, and nanny Tomasa “Tata” Suarez, were crossing the street towards their own car after picking up Amiel and Avie.
While Torres claimed she drove slowly, witnesses Jonas Mahinay and the Alcantaras’ family driver, Khan Nguyen Alcasabas, told the court they heard a “loud and resounding sound” from the van, saw it speed at an estimated 40 to 60 kph, then hit Amiel and Tata, and then two other vehicles before it came to a full stop.
Torres had pleaded not guilty to the case of reckless imprudence resulting in homicide and physical injuries filed against her by Jose Fernando and Melanie, and fought hard in court to contest the allegation of criminal negligence against her that caused the death of Amiel.
Torres, through her lawyer, had tried to convince the court that there was also negligence on the part of Amiel, Avie, Jana, and Tata because they did not use the pedestrian lane and did not look for oncoming vehicles as they approached their own car.
The court noted that Torres herself admitted in her testimony that she saw the victims crossing the street and knew that even if her vehicle moved slowly she would hit Tata and Jana.
“It is therefore clear from the foregoing that accused had that last chance to avoid hitting the victims,” the court said.
Mahinay also told the court he heard Torres tell the Ateneo guards that she stepped on the accelerator instead of the brakes.
Alcasabas said he rushed to Amiel and saw his head pinned in the back right tire of the van. He said he and another person had to push the van to release the tire from Amiel’s head.
Amiel died in the arms of Alcasabas as he rushed the boy to the New Era Hospital.
“The totality of the evidence presented shows that the proximate cause of death of Amiel was the reckless driving of the accused,” the court said.
In its verdict, the court also ordered Torres to pay Tata P50,000 as moral damages for her injuries and suffering at the rate of 6 percent per annum from the date of finality of judgment until fully paid. /atm
http://newsinfo.inquirer.net/953276/woman-gets-2-to-6-years-in-jail-for-running-over-ateneo-student
new Ateneo Traffic Group (ATG) set up to fix traffic problems in Ateneo & Katipunan
we are posting here this comment by a reader on the above: (click to read here: https://wawam.wordpress.com/the-traffic-plan-ags-ignored/#comment-6031)
from dino:
Hi! I’m not sure if the blog writers here are aware, but in any case, this might be of interest:
A new Ateneo Traffic Group (ATG) was formed by the new president of Ateneo (Fr. Jett Villarin) to study traffic concerns in Ateneo. I think this might be the right time to revive this traffic scheme which the AGS apparently ignored a few years ago following the accident involving Amiel Alcantara. I suggest that this traffic scheme be sent to the ATG directly at atg@admu.edu.ph along with an enlarged diagram (the one in this page looks a bit too small).
I do observe, though, that traffic in Ateneo and Katipunan seems to be at its worst during rush hours at the Ateneo Grade School. It appears that they want to reduce car volume on campus as much as they can. This is probably the reason why they are encouraging people to bike more (hence the bike lanes proposal) or depend on public transportation. There are also proposals for carpooling/shuttle/drop and ride schemes, more covered walkways, and tighter traffic rules.
Due to the occasional petty crimes these days along the streets and in public transportations, I doubt though that depending on public transportation is a good idea if we want kids, especially the AGS students, to be safe. But if this is the case, I don’t think we can expect car volume on campus to go down significantly especially during rush hours in Ateneo. However, there surely has to be many other better ways of dealing with the traffic problem.
Judging from the news articles at the Ateneo website, it appears that Fr. Jett’s priority in this activity is to study how to make Ateneo as environment-friendly as possible. I hope, though, that they don’t forget about the safety of the children in designing new traffic schemes and policies.
Here are more related details (along with other proposals in the article re: community meeting) about the Ateneo Traffic Group formed earlier this year:
email: atg@admu.edu.ph
http://www.ateneo.edu/index.php?p=120&type=2&aid=10638
http://www.ateneo.edu/index.php?p=120&type=2&aid=10683
http://www.ateneo.edu/index.php?p=120&type=2&aid=10795
https://docs.google.com/spreadsheet/viewform?formkey=dDBjOGF1QVNXNzBNN1A4OFkwOWhxWlE6MQ#gid=0
this blog had been very involved on the safety and traffic situation at the Ateneo since some years ago as we responded to the accidental death of then a grade 5 boy at the ateneo grade school, amiel alcanatara on february 24, 2009.
amiel died in a traffic accident at the ateneo grade school parking lot as he was navigating the parking lot . amiel came from the school canteen where he bought some food and was on his way back to the family car when a grade school mom in her van lost control of the van she was driving and rammed amiel to his death at the back of the alcantara family car.
almost right after amiel’s accidental death at the parking lot, a group of AGS (ateneo grade school) parents who did not know each other simultaneously got together to analyze the safety and traffic situation at the ateneo and proposed changes and improvements to the safety and traffic situation at the AGS. many of the parents in the group were engineers and architects who are knowledgeable and in fact had experience in designing traffic flow management.
ateneo had set up a committee composed of different stakeholders in the school to recommend to the school actions and changes in the safety and traffic situation at AGS. this gorup of parents were eventually invited to join the committee.
the output of this group of parents was a long list of short, medium to long term recommendations on what the school might want to do to improve safety and traffic at AGS and in some parts the rest of the school.
these recommendations were in some form or another submitted to the school just months after amiel’s death in february 2009. unfortunately, the committee who was headed then by Mr. John Paul Vergara, a university school official had ignored the group’s recommendations which included a preliminary traffic management plan that included changes in the physical layout of the AGS parking lot and a new traffic flow proposal.
we are not sure if the AGS or ateneo even looked at the proposal but we did observe that the school implemented a traffic plan that did not include the recommendation of the group.
three years after the accidental death of amiel alcantara at the AGS parking lot due to a traffic accident, ateneo has announced the formation of the Ateneo Traffic Group under the leadership of the new Ateneo University president, Fr. Jett Villarin as posted here in this blog by dino wo we assume is an ateneo parent.
dino has suggested that we send the output of the work of group of parents to the ateneo. this blog has assinged that task to one of its writers and will update developments here.
theresa torres pleads “not guilty” in ateneo student amiel alcantara death court case
theresa torres, the mother/driver suspect charged in the death of grade 4 student amiel alcantara at the ateneo grade school pleaded not guilty in court on criminal charges lodged by the alcantara family. amiel was killed at the ateneo grade school parking lot when the van driven by torres pinned the grade 4 boy to another car and crushed him to death. amiel’s nanny and sister were also hurt in the same car accident.
the QC Court Branch 106 judge also said that in accordance with court rules, the parties are mandated to elevate the case to mediation. it was the first time we heard of this process.
the idea of going through mediation according to documents we have read is to find a way to unclog the courts of cases. while it might achieve that in some way, we think more than anything, this is just an additional process to the judicial proceeding which to begin with already takes a long time. what this does is it adds one more process to an already very long process.
amiel alcantara was killed in february 24, 2009 and the arraignment of the case was done just a few days ago, after almost one year and a half in the courts. the case has just been started after 18 months. the mediation will add more months to it.
(read about mediation at the courts here: http://www.pmc.org.ph/about-the-philippine-mediation-center.htm)
the parties in court cases are forced to go through it. we think that should be changed where the parties may simply say whether they want to go through it or by-pass it all together to go straight to trial. the courts are clogged with cases not because of a lack of mediation, it is the slow process that judges allow to occur in its proceedings.
the mediation process helps the court in unclogging it but it does not help the parties involved in the case. all it does is it prolongs the court case further.
the mediation process only adds to an already prolonged process and adds misery and pain to the victims and families of the victims. this additional process does not really decongest the courts, all it does is give the cases one more detour. it postpones or delays the progress of the case, it does not remove them.
the mediation process for the amiel alcantara death case is scheduled for november.
Suspect in Ateneo student’s death pleads not guilty
MANILA, Philippines – A woman accused of running over a Grade 4 student at the Ateneo de Manila University on Katipunan Avenue, Quezon City last year pled not guilty to criminal charges before a local court Thursday.
Maria Theresa Torres, the woman who ran over and killed 10-year-old student Amiel Alcantara last year, was arraigned at the Quezon City Regional Trial Court branch 106.
Amiel Alcantara death arraignment set on October 21, 2010
amiel alcantara is the grade 4 student at the ateneo de manila university grade school (AGS) who was killed in a traffic accident at the ateneo grade school parking lot in february 24, 2009. we have given extensive coverage on the amiel case in this blog (click to read: https://wawam.wordpress.com/category/amiel-alcantara/).
we received a text message on the on-going court case as follows :
After a slow process 18 months, the Amiel Alcantara case will be finally arraigned on Thursday, 21 October, 8:30 am, QC Branch 106.
Present judicial process requires “arbitration” between parties after arraignment, aiming for “settlement” of what cannot be undone and transacted, the loss of precious life inside a school where children safely grow. It’s this time that we see how a judicial process, and creativity of its participants value and respect the life of Amiel, a helpless victim of a grossly dangerous mother/driver.
As our family, friends, and community grieve, we pray for justice, we pray for safety and protection of our precious little ones.
~~Pepe Alcantara & Family
we have not forgotten amiel. we see his marker at the ateneo grade school parking lot almost everyday of the week and we are constantly reminded of how a precious life was taken from a place where we automatically assume to be safe – the school. how much of a future was taken away from amiel and his family we cannot properly imagine but we know it is great and most likely not measurable. we pray for amiel whenever we see that marker – one for amiel’s soul and another for his family.
we are also reminded of how fragile safety is even in school for our grade school children. and we wonder aloud if ateneo has done enough for safety and to help ensure what happened to amiel is not repeated in the future. we remember the promise of the school that more will be done and also remember none came.
in tomorrow’s arraignment, we hope the ateneo community and the school reflects on these things.
amiel alcantara’s 1st year death anniversary activities at AGS
For our dear Amiel’s
1st yr death anniversary,
Ateneo set Mass on 24th Feb, 6:30 AM
at Ateneo Grade School Chapel.
Breakfast will follow.
Also in the evening of 24th feb,
we have arranged 6:30 pm
prayer and candle lighting
at the Amiel Marker in front of Ateneo Grade School.
Pls join salo-salo dinner in the grounds after.
message posted at facebook “Justice For Amiel Alcantara”
http://www.facebook.com/home.php?#!/group.php?gid=260501086285
amiel alcantara – driver in death faces car theft charges
Driver in Ateneo stude’s death case faces car theft rap
By Julie M. Aurelio
Philippine Daily Inquirer
First Posted 21:57:00 01/28/2010
MANILA, Philippines–The woman accused of killing a 10-year-old Ateneo Grade School student last year has been charged with another offense.
A balikbayan recently filed an affidavit with the Quezon City Prosecutor’s Office in which she accused Ma. Theresa Songco Torres of stealing her van—the one the latter was driving when she ran over Juan Carlo Miguel “Amiel” Alcantara.
Alcantara was crossing the school parking lot with his siblings and nanny when he was hit by the van on Feb. 24, 2009. His nanny was injured while the boy was declared dead on arrival at a nearby hospital due to head injuries.
Torres was later charged with reckless imprudence resulting in homicide and physical injures before a Quezon City court over Alcantara’s death. The case is still pending.
The new complaint against her was filed by Virginia Ibali, 54, an American citizen who lives in Pasuquin, Ilocos Norte, but also owns a house in San Francisco del Monte, Quezon City.
In a two-page complaint dated Jan. 19, Ibali said she was watching the news on March 2 last year in her house in Ilocos Sur when she learned that her van—a Toyota Hi-Ace van 2000 model with plate number CRW 705—was involved in an accident on the Ateneo campus in Quezon City on Feb. 24, 2009.
“The news report pinpointed to a certain Maria Theresa Songco Torres as the person who was in control of the said vehicle at the time of the incident,” she said.
According to Ibali, she last saw her van on Jan. 20 last year. She added that she kept the van at her house in Quezon City and that the only time she used it was whenever she was in Metro Manila.
She also said that since she bought the van in May 2002, she has not sold, transferred its ownership or mortgaged the vehicle.
“Neither did I authorize Maria Theresa Songco Torres to get or use the same,” she said, adding that she later learned from her neighbors that her van had been missing even before the day Alcantara was killed.
The van has been impounded by the Quezon City police since.
Ibali said that when she checked with the Land Transportation Office, she was told that the van was still registered in her name.
She added that she immediately reported the loss of her vehicle to the Ilocos Norte police while she filed a complaint with Quezon City policemen late last year.
“This affidavit is being executed as a basis for my complaint for the crime of carnapping against Maria Theresa Songco Torres for taking, carrying away and stealing my said vehicle without my consent,” Ibali said.
amielsfootprints.wordpress photos used in abs-cbn’s TV Patrol World news braodcast – without permission
we were shocked to see photos we posted at our amiel’s footprints photoblog (click here to view: http://amielsfootprints.wordpress.com/) in tonight’s edition of TV Patrol World news program. we were shocked because we did know that abs-cbn and tv patrol will use them.
while they did not formally ask for permission to use them, they did declare on the photos used at the upper right hand corner the words “courtesy of amielsfootprints.wordpress.com”. the notation was prominent and could be read clearly so i guess that is okay.
we like to thank abs-cbn and tv patrol world for using them and for clearly identifying the source of the photos.
ateneo grade school traffic scheme incompetency that need fixing
after one quarter of trying out the new traffic scheme at the ateneo grade school, we now have a very good picture of how it has performed and what needs to be changed as soon as possible.
we think these are the incompetency of the new traffic scheme:
- new and additional parking spaces were not added, parking spaces not enough for all the AGS vehicles – it is obvious that not having enough parking spaces for all the AGS vehicles is the most important problem and one that this new parking scheme did not even attempt to solve. this is very much obvious specially during the time closest to dismissal time when vehicles are double, triple and quadruple parked on the existing parking spaces. cars are parked perpendicular to the cars parked on the designated lanes and on both sides of the lanes. this gets so bad that it has become very slow to get out of the parking lots. the cars parked now reach beyond the the area of the pedestrian overpass on katipunan road. we agree that this situation means the dangers that were there before were not really solved but simply transferred to the parking areas.
- the new traffic scheme is causing a lot of heavy traffic and has at least doubled the travel time in and out of the campus. traffic flow has been significantly slowed down, slowed down at least twice as much not only inside the campus but also in entering the campus from katipunan road. going out of the campus is much slower.
- the curbside designations according to grades is ill-conceived and incompetently drawn. grades 1,3,5 and 7 are supposed to be picked up on the curbside where amiel alcantara’s marker is and beside irwin theater while grades 2, 4 and 6 are supposed to use the curbside beside the AGS buildings, on the heritage room side. the scheme splits the number of students to 60-40, with 60% of the students, or those students belonging to odd numbered grades at the longer curbside. this is great IF the length of the comparative curbsides are also 60-40 in ratio but it is not. the curbside for the even-numbered grades is easily only 20% in total length compared to the total length of the curbside for the odd numbered grades. that means too many cars are all being jam-packed into a mush shorter curbside inside the campus by the heritage room and that is causing so much traffic. getting in and of that area is at least 3 to 5 times longer than on the side of the odd-numbered grades.
- the crossing at the entrance to the school by the blue eagle’s gym (gate 2) is nothing but mayhem. this should have been obvious to the designers of the new traffic scheme. that crossing takes in a total of 7 lanes coming from 4 different directions converging into that single point – at least 3 lanes from cars entering gate 2 going into the campus, 1 lane coming from the road beside katipunan going to the grade school parking lot, 2 lanes coming from the parking lot who will exit the campus and 2 lanes on matheson drive entering the grade school parking lot and exiting the campus. all these converge on that single point clogging all the lanes going in and out of the campus.
there are other incompetency but we think these are the major problems that need to be fixed immediately.
separately, we heard that in talks to parents, a school official has been telling the parents the current traffic scheme is “short term” and the the traffic scheme presented by a group of parents that the school ignored is being labeled as “long term” and that this school official is in contact with these group of parents about it.
we do not know what this school official is up to but many of the things this school official said about the traffic scheme the school ignored is not true.
we hope AGS will correct the incompetency of the new traffic scheme.
does ateneo grade school have an emergency response plan for swine flu?
am wondering if ateneo has an emergency response plan to swine flu? they should announce this plan to parents, specially that school opening is just 1 week away.
justice for amiel alcantara
we are posting here a comment from a reader, solar.
we will be filling up this post with updates once we get them from any member of the alcantara family.
Thanks for the reply. Do you think Amiel’s uncle (Doc Martin ? ) who has posted notices in Wawam can be requested to give Wawam readers updates on the case the Alcantara family has filed against the driver of the van ? We also need to see justice for Amiel served from that end.
“impossible traffic” at the Ateneo Grade School
“impossible traffic” was how one ateneo dad describes the traffic situation at the AGS. we concur.
it has now taken much longer, at around 2 to 3 times longer to get in and out of the ateneo campus in the morning during drop-off and most specially in the afternoon at pick-up. what used to be getting in and out of the ateneo from 10 to 20 minutes, it is now anywhere from 15 to 30 minutes depending on the time. and that is just to get out and in to the AGS campus.
something is also wrong now at katipunan, on the approach to and getting out of the ateneo campus. traffic lines are now much longer, bumper to bumper and standstill traffic is more common. we wonder if the new traffic scheme implemented at the AGS is causing the traffic jam outside of ateneo. commuters and drivers along katipunan must now be fuming mad at ateneo.
pictures were taken on june 19, afternoon dismissal.
bumper to bumper traffic on road along katipunan. this reached up to the gate.
the other side is no different - bumper to bumper traffic on matheson road reaching all the college buildings to gate 3
double parking on both sides on parking beside the football fields across the blue eagle's gym
comments and suggestions posted here, to read, please click: https://wawam.wordpress.com/new-ags-traffic-scheme-comments-suggestions/
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