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Case filed against me through a City Prosecutor's Office.

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Franceciso


Arresto Menor
Good day Attorneys!

I would like to ask your help on a case filed against me through a City Prosecutor's Office. This is regarding a minor accident that happened few months back along EDSA. I was driving in front of a car when my car suddenly stopped in a slightly inclined spot and failed to put on my hand brake causing the vehicle to slightly move backwards. Unfortunately, the car which is right behind me was hit by the back of my car resulting to a slight scratch on the front side of his car. We then went to a police station filing a police report as he said his car is insured and settled to contact each other for the claim. I admittedly caused the bump however advise him that he was too close and did not maintain a safe distance but he denied it on his sworn statement. Their family then tried to contact me asking for 10k on a small scratch and even went to my address to show me the estimate cost of repair from their casa. The total cost was in the amount of 8k. Unfortunately, based on the estimate, they claim that the car's bumper was also misaligned due to the incident and they want me to pay for the that too. I told them that on the report, only the scratch was mentioned and based on the estimate the amount to fix it is just around 3k so I offered 2k but he refused saying that I have to pay for the 8k plus another 2k for the trouble that I caused them. I refused and they said that they will file a claim which they did and now I received a subpeona asking to show myself to the court with my evidence for the preliminary investigation.

My question is, do I have to be accompanied by a lawyer as I show up? Also, is there any way that I can emphasize that it was not my fault since I was in front and he was not maintaining a safe distance? Although he claims that he was 2 meters away, can I argue that the road was slightly inclined and that it is impossible for my car to move backwards alone for 2 meters?

Your help is greatly appreciated.

Thank you.

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de_facto


Arresto Menor
Hello. you can use the complainant's Complaint-Affidavit and the police report as evidence. Luckily, you are in a very advantageous position because you are in the front. All you have to do is attend the Preliminary Investigation. If you have not yet been given a copy of the Complaint-Affidavit,, you will receive the same at the scheduled hearing. The Fiscal will then give you certain number of days within which to file your Counter-Affidavit. By this time, it is strongly advised that you hire a lawyer so that you can properly present your case.

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