The Office of the Provincial Prosecutor of Capiz has dismissed the criminal complaints filed against Ilonggo busker and online personality Clyde Ortencio in connection with the fatal road crash that occurred in November last year.

In a joint resolution, the Office of the Prosecutor said the complaints for reckless imprudence resulting in homicide “failed to establish prima facie evidence with reasonable certainty” to convict Ortencio of the quasi-offense.

The road crash, which took place along the national highway in Barangay Bitoon Ilaya, Cuartero, Capiz, caused the death of a 20-year-old mother and her two-month-old baby.

Ortencio, based on his affidavit, denied that the vehicle he was driving bumped the tricycle driven by Leomar Gellangarin.

Citing a police report, the resolution stated that Gellangarin was “driving a Kawasaki Baja tricycle in the inner lane going towards Roxas City.”

“The driver slightly maneuvered to the outer lane where the collision happened which caused Gellangarin’s common-law wife and their infant daughter to be thrown out of the tricycle to the other lane, towards the direction of Iloilo City. A Toyota Hiace van accidentally ran over Gellangarin’s wife.”

According to the resolution, Gellangarin “had the last clear chance to have avoided the collision.”

The police report submitted by Police Staff Sergeant Piniel Apaitan revealed that “Gellangarin’s tricycle had an expired registration, no plate number, and did not have a Certificate of Registration (CR) and Official Receipt (OR).”

The tricycle driver likewise “admitted that he did not have a driver’s license.”

“Gellangarin also violated the DILG Memorandum Circular 2020-026 which prohibits tricycles, pedicabs, and motorized pedicabs from operating on national highways utilized by four-wheel vehicles greater than four tones and where normal speed exceeds 40 [kilometers per hour],” it further stated.

In a statement, Ortencio expressed his “deepest sympathies” to the victims’ family.

“I cannot imagine the pain that you are going through but please know that my thoughts and prayers are with you,” he said

Ortencio asked the public to “focus on verified facts rather than mere speculation.”

“It was an accident that no one wanted to happen and I believe that we are all victims of this circumstance,” he said.

“I hope we can all learn from this experience and work together to prevent similar incidents in the future. Thank you for your time and understanding,” Ortencio added.IMT