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Reckless Imprudence Resulting to Damage of Property

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clrc78


Arresto Menor
Good morning atty. My driver met an accident at the St.Luke's parking lot while looking for a slot.Unfortunately while doing so, he backed up on a car of a judge.The damage was just a small dent on the bumper of the BMW of the said judge.We went to the precinct for settlement but unfortunately since we did not come up with a settlement, the judge pressured the precinct while processing all the papers so she could file a case against my driver.After 3 hrs, my driver was jailed and detained by the City Prosecutor's Office , the Prosecutor was a schoolmate of said judge.Atty, may I ask why the said judge was able to imprisoned my driver.I am not knowledgeable about the law but I know you can only jail a person when the accident caused an injury or death of person.Is this plain abuse of authority or power tripping? Can I file a case against the RTC judge? According to the judge this is the process of the law.but I feel this was done so hastily. can I go to the media to ask for help?

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attyLLL


moderator
sorry, but that's a classic throwing the book at someone. it is probably power tripping, but no unlawful act was committed. imprudence resulting in damage to property is still a crime. nevertheless, you can contest it by filing a disciplinary case against the judge at the supreme court.


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3 help me in this case on Wed Nov 07, 2012 4:37 pm

pepz


Arresto Menor
Gud PM I Would like to give me an advice regarding to that case. Regarding to my father-in-law he was have an accident in Roces Avenue last year but in that case the owner of the car filed a case against to my father-in-law at that time and day of accident my father-in-law was on duty on his job as a Official Driver of Barangay. I would to Know if we have a chance to have a help coming to the barangay or chairman in our barangay because he is the official driver and his driving vehicle is the Officially Van of Baranggay. He have a witness the treasurer and one of the Tanod of the Barangay. the treasurer and the tanod their was there when the incident happen. What will we do in this case we have to know our defense against the complainant. Can we file a case also in that barangay chairman because of their no such an action about this or help that they do to their employee and my father-in-law was on duty.
please give me an good advice for this case

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attyLLL


moderator
i recommend you look for the nearest office of the solicitor general in your area, and inquire whether your father was covered by state immunity


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aquapalm


Arresto Menor
What are the benefits the we can get if we file a criminal case against a passenger jeepney driver kung hindi naman siya makapag-bayad sa mga damages incurred sa aming taxi at hindi rin siya makukulong dahil wala naman daw pong nasaktan. Mahaba-haba na rin po ang araw na hindi ako nakaka-pasada kaya malaki na rin po ang loss of income para sa aking pamilya. Nagpadala na po kami ng demand letter sa owner pero wala pa rin po silang response sa aming demand letter. Your advice will be highly appreciated.

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Jadenggay


Arresto Menor
Pahingi naman po ng advice. Nabunggo po ang sasakyan namin ng isang 10 wheeler truck. Bago lang po ang sasakyan namin roughly 2 months palang and financed for 5 years. Sabi po ng truck company, idadaan daw nila sa insurance lahat ng demands namin basta pumirma lang na pakakawalan na yung truck. Hindi kami pumayag since gusto namin mapalitan na ung sasakyan namin na dineclare as total Loss. Manganganak po ang misis ko at wala kaming magamit sobrang perwisyo ang ginawa nila sa amin. Ang tanong ko po Atty., pwede po ba namin isama sa demands namin or sa danyos perwisyo ung monthly ng sasakyan namin na 16k na binabayaran namin ngayon kahit hindi naman namin nagagamit. At pwede po ba kami humingi ng pambayad ng down payment para sa bagong sasakyan since kailangang kailangan na namin. Maraming salamt po

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