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vehicular accident with death involved

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1 vehicular accident with death involved on Mon Sep 01, 2014 3:55 pm

wildeflower


Arresto Menor
Good day!

I would like to seek your advice regarding my brother's case.

Last August 16, Saturday, my family was involved in a vehicular accident. They (my younger brother, who was the driver, and my parents) were on their way home from our store. Our car was at full stop at that time since someone was crossing the street. Suddenly, a motorcycle appeared from the other side of the street bumped the left side our car. Fortunately, my family was not hurt. All of them in the car were not alarmed with what happened because they thought that it was a minor accident. Until my father and brother went out of the car to see what happened. Our car had just minor scratches. But unfortunately, the rider of the motorcycle was dead-on-the-spot. It turned out that his head bumped in the mugs of our car before flying away. Barangay officials and City police responded in the accident immediately. Since the rider of the motorcycle was dead, all the inquiries regarding the incident were left with our family. My brother became the suspect. My brother was detained in the City Jail the same night and was charged with Reckless Imprudence Resulting (RIR) to Homicide and Damage of Property by the City Police.

On Sunday, my father and uncle were able to meet the father and wife of the “victim”. According to my father, no demands were made from the other side. They said that they will talk with our party again when the brother of the deceased, a policeman, arrives from another province. My brother was detained until Monday since government offices are closed during weekends.

On August 18, Monday, the other camp formally charged my brother but the RIR to Damage of Property was dropped since no cost estimate of damaged property (the motorcycle) was submitted. We posted bail in the morning to ensure that whatever happens during the meeting with the City Prosecutor’s Office that afternoon, my brother will be liberated temporarily the same day.

A session with the City Prosecutor’s Office and the bereaved family was held in the afternoon. Police reports and statements of the witness were read in the presence of the two parties. Witness claimed that the motorcycle was at high speed and initially hit a jeepney, which happened to be involved in an earlier accident but left the area immediately, before bumping into our car.

At the end of the session, City Prosecutor decided that my brother shall be set free without needing to post bail. According to his release order, there was still no probable cause that my brother be charged with the said case. The other party was given 10 days (until August 28) to present evidences and witnesses to prove their allegations against my brother. My brother was released afterwards.

We were able to refund the bail posted the next day.

On August 28, the two parties met in the City Prosecution Office. The other camp were not able to present any witness or evidence. They only submitted an affidavit stating how the wife of the "victim" was informed of the accident and that she is continuing her charges against my brother.

I heard that the other camp is asking for 200k.

With this, is there a possibility that the City Prosecutor's Office dismiss the case for lack of probable cause? Are we obliged to pay the "victim's" family even if my brother didn't really hit him and our car was on the right lane of the street? Our car's registration and my brother's driver's license are up-to-date while the other party's are expired.

Thank you in advance.

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