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Arresto Menor
Magandang gabi po sa inyong lahat,

Nais ko pong humingi ng tulong sa inyong lahat tungkol sa aking kaso na “RECKLESS IMPRUDENCE RESULTING TO DAMAGE TO PROPERTY WITH SERIOUS PHYSICAL INJURY”. December 24, 2011, about 3 a.m. While I am driving at south expressway between sucat to bicutan going to c5 taguig when the car in front of me suddenly slowed down. Out of shock I immediately turn the steering wheel to the right to prevent collision, but un-expectedly the car I am driving went out of control and crashed in the perimeter fence(separating expressway and service road) and spins 360degrees repeatedly. Because I am wearing a seatbelt, I am the only one conscious inside the car after the accident. So I immediately get out of the car and ask for help from the other motorists passing by us to bring my entire injured passenger to the nearest hospital. Then I’ve waited for the traffic investigator at the scene of accident. When the traffic investigator arrived, he immediately told me that not so far away there is also an injured motorist driving a motorcycle at east service road is also involved in my accident. According to the investigator that person is hit by the debris from the collision of my car to the fence. Due to my concern, I told them to also bring that person to the nearest hospital. Note: All I wrote is in this paragraph is clearly written in the traffic police report. And also indicated in the police report that this case is a SELF ACCIDENT.

In the hospital I shouldered the bills and medicine cost of that person amounting to P7,000. Indicated in his medical certificate is “trauma secondary to vehicular accident”, and that he has a minor fracture in his right shoulder and needs a 1-1/2month rest at home. So he demanded me for a 1-1/2 month of his salary plus the damages of his motorcycle amounting to P20,000. I offered him P10,000 and asked for his pay slips to verify if how much really is his salary per month, but he said that he is only a freelance air-con technician so he has no pay slips or any documents that he can show to me how much really is his monthly income. And he also told me that if I will not give the 20k he will sue me, lastly I politely offer him P15,000 because this is my last money and because I want an amicable settlement . But he turned it down and said “just wait for your subpoena”. After that, we didn’t communicate until January 31, 2012 that I received a subpoena R-I-R-D-P W/S-P-I and the complainant is now demanding for a 4 month salary and for me to pay all his “ABALA” filing this case. Also written in the subpoena that I am being directed to submit my counter-affidavit, etc. at the city prosecutor office of Paranaque on February 15 and February 22, 2012. My questions are:

1. What if I did not come/appear on city prosecutor office on the said dates? What will be my penalty or sanction?

2. What should I bring in case I decided to appear on city prosecutor office? Should I bring an attorney?

3. Based on the medical report is it really a serious physical injury?

4. What are the ways to end this case? Or to win in this case?

5. That was an accident; did I really have to pay for his salary?

6. Can I use the TPL insurance of my car to solve this case? If Yes, What are the procedures in claiming?

7. How should I treat this kind of case? What are my options?

Please help me I really need your immediate advise. I am very confused pakiramdam ko pine-perahan lang ako nitong tao na ito nakikiusap ako sa kanya dahil total wreck din yung kotse ko. I did my best to help him or to settle this case but still he sues me. Thank you very much po and more power to you all…

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1) case will be resolved based only on what the complainant alleged
2) you should have a counter affidavit prepared. atty is optional
3) yes, because recuperation is more than 30 days
4) this is not proper for tpl
5) seriously, because a criminal record will appear in your nbi record, unless this is not impt to you

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Arresto Menor
gud pm sir, can a person be detained in inquest proceeding a reckless imprudence resulting to damage to property case? a 12 hrs reglementary period is a proper? to detain a person for such case?

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Arresto Menor
puwede po bang ma detain ang driver pag ang kaso reckless imprudence resulting to damage to property a vehicular incident

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Arresto Menor
Vanjo, based on personal experienced yes the driver will be put in jail but after 24 hours if the victim won't file a complaint the police will release the driver.

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Arresto Menor
Good evening po,

Would like to seek for legal advice. About a week ago, i was invloved in a vehicular accident. I was with my wife and 5yr old kid at that time. Minamaneho ko po yung kotse namin after dropping my other kid in school. We were tarvelling at about 25-30kph after alighting from the parking lot of the school. As we were driving along the main road and having crossed the intersection inside the village when suddenly this mitsubishi adventure came from the right adjacent inner street and it sideswiped our car. Just moments before impact, i was able to see the car on the right side so i was able to stop our car immediately. However, dahil po sa pagpreno ko, my wife hit her head on the windshield and my son hit his head on the backseat. Still, tinamaan po nung adventure yung harap ng car ko and caused some heavy damage. Tuloy-tuloy po yung adventure after hitting us until it slammed on the concrete fence of a house. Both my wife and son were brought to the hospital. Buti na lang po negative yung results ng ct scan and xrays on both of them although my wife sustained some minor injuries on her right shoulder na parang nabugbug lang.

The adventure was being driven by an 18 yr old kid, pero may license naman sya at rehistrado yung sasakyan. Both of us don't have comprehensive insurance. At the police station, ayaw po aminin nung other driver na sya may kasalan and that he was speeding inside the village which had a 40kph speed limit. Pero obvious naman po sa skid marks and on eyewitness accounts na he was travelling at an unreasonable speed going into the intersection. Tama po ba na reckless imprudence yon?

Sa bandang huli, sinabi nila na sasagutin na daw nila yung bangga ko sa kotse at ako na sasagot sa bayad sa hospital ng asawa at anak ko through my HMO. Pumayag na rin po ako dahil wala naman po tlga ako babayaran sa hospital and nalaman ko na ok naman po sila. Ang gsuto ko na alng po ay maayos kotse ko at hindi na umabot sa fiscal. We made and signed a written agreement on the police logbook that they will shoulder the damages to our car. It has been a week now and hindi po sila nagrereply sa text ko. Tumawag po ako one time and that was the only time i got to talk to the mother regarding our agreement. Sabi nya pahintay-hintay lang daw. Ang mali ko po ay wala pong date na nakalagay dun sa kasunduan namin. Can i still file both a criminal and civil case eventhough may agreement na ganun? How soon can i file it? Can i also include breach of contract?

Thanks for listening and your advice.

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Arresto Menor
BTW, mayabang din po sila at minura din po ako nung tatay. Pero anak po nila yung may kasalanan. And never po nila tinanong yung condition ng wife at anak ko nung dinala sila sa hospital. Masama po loob ko bakit may mga taong ganun.

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