Busker and online personality Clyde Ortencio has been cleared of criminal complaints for reckless imprudence resulting in homicide in connection with a vehicular accident along the national highway in Barangay Bitoon Ilaya, Cuartero, Capiz, on Nov. 24, 2024.
In a joint resolution, the Office of the Provincial Prosecutor of Capiz recommended dismissing the criminal complaints, citing a lack of prima facie evidence to convict Ortencio of the quasi-offense if tried in court.
Ortencio denied in his affidavit that he was involved in the collision with a motorized tricycle driven by Leomar Gellangarin.
According to the police investigation referenced in the joint resolution, Gellangarin was driving a Kawasaki Baja tricycle in the inner lane toward Roxas City when he slightly maneuvered into the outer lane, leading to the collision.
The impact caused Gellangarin’s common-law wife and their infant daughter to be thrown onto the opposite lane toward Iloilo City. A passing Toyota Hiace van accidentally ran over Gellangarin’s wife.
The resolution noted that “Gellangarin had the last clear chance to avoid the collision.”
Further, the police investigation revealed that Gellangarin’s tricycle had expired registration, no plate number, and lacked a Certificate of Registration (CR) and Official Receipt (OR). Gellangarin also admitted that he did not possess a driver’s license.
Additionally, Gellangarin violated the Department of the Interior and Local Government (DILG) Memorandum Circular 2020-026, which prohibits tricycles, pedicabs, and motorized pedicabs from operating on national highways utilized by vehicles exceeding four tons or where the normal speed limit exceeds 40 kilometers per hour.
