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is Reckless driving resulting to damage of property considered as light offense?

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IC Adrigado


Arresto Menor
Dear Lawyers,

I got into trouble by causing damage to a vehicle. This was happened on January 6, 2017 when I tried to reverse maneuver my borrowed vehicle. The road is so dark and the vehicle parked in the other lane of the street. So when I reversed my vehicle made a "Little Scratch" to the parked vehicle. The length of the scratch is just 5-6 inches. I did not run from the scene, instead waited for the owner of the vehicle to come out from the building. I asked for apology and offered him for amicable settlement. In fact I offered 2 settlements: I offered him P5,000; or I will be the one to pay for the repair. He rejected my offer and insisted that I will pay him P15,000. I know that that damage I caused in his vehicle is not worth P15,000. So I kept on pleading that he will let me pay P5k, but still he refused. So when my father arrived, since I asked for his legal action, he offered the owner the same manner but added that if he would not grant our plea then much better to report it to the police, file a complaint. He still refused. So we told him that we will try to find the amount he insisted. But since we can't find, we told ourselves to wait for his police blotter. Since then, we haven't heard of any complaints against me. However, this morning, July 17, 2017, he appeared in my workplace and looked for me. I met him talked to him that still we can't give him P15,000. He threatened me that if I will not pay him the amount, he will file a case against me and file for administrative case in Civil Service, since I am a DepED teacher.

My question is, does the Article 90 of Revised Penal Code, about Prescription will take effect? It's more that 2 months from the time of incident; and on the other hand he had no Police Report about the incident and Police blotter. So for now, I am clinging to Article 90. My knowledge dictates that my act is just light offense. I did no harm to any nor caused heavy damage to his vehicle. Believe me, it's just a scratch. So please let me know if my assumption is correct.

P.S. I am still willing to offer him P5,000 because I know that it is rightful thing to do.

Thank you so much for your response.



Last edited by IC Adrigado on Mon Jul 17, 2017 4:44 pm; edited 1 time in total

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Jadis

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IC Adrigado wrote:Dear Lawyers,

I got into trouble by causing damage to a vehicle. This was happened on January 6, 2017 when I tried to reverse maneuver my borrowed vehicle. The road is so dark and the vehicle parked in the other lane of the street. So when I reversed my vehicle made a "Little Scratch" to the parked vehicle. The length of the scratch is just 5-6 inches. I did not run from the scene, instead waited for the owner of the vehicle to come out from the building. I asked for apology and offered him for amicable settlement. In fact I offered 2 settlements: I offered him P5,000; or I will be the one to pay for the repair. He rejected my offer and insisted that I will pay him P15,000. I know that that damage I caused in his vehicle is not worth P15,000. So I kept on pleading that he will let me pay P5k, but still he refused. So when my father arrived, since I asked for his legal action, he offered the owner the same manner but added that if he would not grant our plea then much better to report it to the police, file a complaint. He still refused. So we told him that we will try to find the amount he insisted. But since we can't find, we told ourselves to wait for his police blotter. Since then, we haven't heard of any complaints against me. However, this morning, July 17, 2017, he appeared in my workplace and looked for me. I met him talked to him that still we can't give him P15,000. He threatened me that if I will not pay him the amount, he will file a case against me and file for administrative case in Civil Service, since I am a DepED teacher.

My question is, does the Article 90 of Revised Penal Code, about Prescription will take effect. My knowledge dictates that my act is just light offense. So please let me know if my assumption is correct.

P.S. I am still willing to offer him P5,000 because I know that it is rightful thing to do.

Thank you so much for your response.

Yes, reckless imprudence resulting to damage to property is a light felony. However, you are talking about the prescriptive period of a crime.

This is not a bar for the filing of administrative and civil complaints against you, though which have longer prescriptive periods.

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3 Clarification on Mon Jul 17, 2017 4:52 pm

IC Adrigado


Arresto Menor
I thank you for your immediate response. But please let me clarify things from what you said, So what are you trying to say is that he can no longer file any complaints against me? Am I correct?

Thanks much!

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Jadis

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IC Adrigado wrote:I thank you for your immediate response. But please let me clarify things from what you said, So what are you trying to say is that he can no longer file any complaints against me? Am I correct?

Thanks much!

That is true ONLY FOR A CRIMINAL COMPLAINT.

CIVIL AND ADMINISTRATIVE CASES HAVE DIFFERENT PRESCRIPTIVE PERIODS.

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IC Adrigado


Arresto Menor
Based on the facts you said, I might be charged for Administrative and Civil cases?

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Jadis

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Yes. Civil actions based on quasi-delict or torts prescribe in four years. I am not sure about administrative complaints in the Civil Service or with the Ombudsman.

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IC Adrigado


Arresto Menor
Thank you so much Atty.... Our Legal Officer said that my case can't be escalated to Administrative case since the incident didn't occur in the performance of my duty. However, based on what you've said, I can be civil liable because of the damage I caused. It was further explained to me by my friend who happens to be a law student, that, Quasi-delict is in form of monetary obligation, based on Art. 2176 of the Civil Law.

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Jadis

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IC Adrigado wrote:Thank you so much Atty.... Our Legal Officer said that my case can't be escalated to Administrative case since the incident didn't occur in the performance of my duty. However, based on what you've said, I can be civil liable because of the damage I caused. It was further explained to me by my friend who happens to be a law student, that, Quasi-delict is in form of monetary obligation, based on Art. 2176 of the Civil Law.

There are some acts when even not related to the performance of duty that would make one liable i.e. non-payment of just debts.

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IC Adrigado


Arresto Menor
But I am willing to pay P5,000.00. The problem is he refused. He is asking from me much money. So I also refused since the damage is not even worthy of P5,000 how much more of P15,000.00. It's really to much to ask.

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Jadis

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Then defend yourself when the complaint arrives.

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IC Adrigado


Arresto Menor
Well, Thank you....

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12 Reckless imprudence resulting to homicide on Thu Jul 20, 2017 11:54 pm

Shaolin


Arresto Menor
Good day .

Gsto ko lng po humingi legal advice regarding po s kaso ng pinsan ko. Nagddrive po sya ng motor last May 4,2017 around 4am po and under influence of alcohol. Then ayun po my nabangga sya n matanda n tumatawid s pdestrian hbang dala dala ung bike hbang papalapit na daw po sya dun sa matanda bumubusina sya pero hindi po huminto yung matanda mejo mabilis po ang takbo nya nun dahil po nasa highway , kya po mahirap mag preno agad agad. At that time sbe ng pinsan ko hnd sya lasing kasi nakapag drive pa po sya from s bahay ng kaibgan nya papunta dun s nirerent nyang bahay and it takes 1 hour po ung byahe. And after ng aksidente ung matanda dinala s ospital ung pinsan ko din po and prehas cla injured un nga lng po eh ung matanda seriously injured .By the time na nangyare yung aksidente and they are both injured yung pinsan ko po ay nasa police station lang hindi man lang po nalinis ang mga sugat o kahit man lng po nabigyan ng first aid. And inside the police station ay nagbigay sila ng 5 thousand para s paunang bayad dun sa gagastusin sa ospital. But after 2 days namatay po yung matanda at nanghihingi na po sila ng 100 thousand nung una pero dahil po walang kakayahan magbigay po yung mga pinsan ko ng ganung kalaking pera Bali ang nangyari po ay nagbigay ng 45 thousand dun sa pamilya nung namatay bilang tulong financial pra dun s funeral service at meron silang kasulatan dun at my pirma ng asawa nung namatay. pagkatapos po nun ay patuloy na nagttrabaho po yung pinsan ko dahil pra mga po mapunan yung kulang sa 100 thousand n hinihingi nila pra mging areglo na pero ang akala po nung pamilya na namatayan ay binalewala na sila kaya pgkatpos po nun eh my pnadala n po pla notice sknla pra po sa unang paghaharap o paguusapa pro hnd po nla ntanggap yun hindi po nila alam ang dhilan kung bakit hindi yun nkarating sa address n binigay nila. Second po nkapunta n cla dhil natanggap na nila yung notice sa hindi nila malaman na dahilan kung bakit that time po eh natanggap na nila. Sumunod po n nangyari ay ngsampa n ng demanda ung kbilang pamilya. hnggng s hindi nkapg bigay agd ng bail yung pinsan ko after 2 days nya matanggap yung notice na he has to pay 30 thousand charged dun s kaso nya po na reckless imprudence resulting to homicide nakapaglabas n ng warrant dnampot po sya ng mga pulis which is naka civilian lang daw po at ang nangyare po ng pagdampot sakanya ay parang sinet up po sya na kunwari yung asawa po ng nabangga nya ay hahanapin sya dun sa trabaho nya at yun nga po nung tinawag ang pinsan ko dahil my naghahanap daw sakanya n babae at ayun po tska sya kinuwelyuhan ng pulis at pinosasan. Nakulong po ng 7days after po nun ay naibenta na po yung bahay nila pra po sa 30 thousand na ipang bail at nakalabas po sya last July 11, 2017 po. Tnry po nla mkipg areglo dun s pamilya pro hnd po nla tnatanggap. Both parties po ay galing s PAO ang atty. Ang sabi po nung atty. na my hawak ng kaso ng pinsan ko ay wag na daw po mag offer ng areglo dahil palagi lang po sila tinatanggihanZ Ngayon po s aug 14 daw po ung unang hearing. Ano po ba ang dapat gawin ng pinsan ko? Hnd nya po kasi alm kng anung mangyayari during the 1st hearing. Anu po b mga possible n mangyari sa araw ng unang hearing? Mkkulong n po b sya agad that day if he found guilty or it takes time po pra mkulong sya ulit? Willing nmn po sya umattend at ituloy ang mga hearings. Natatakot lang po tlga sya makulong ulit dahil sa loob daw po ay pinahihirapan sila ng pulis. Pinapalo ng yantok ang mga kamay at tsaka magpunpings araw araw. At after nya din po pala makalaya pgkatapos nila mag bail ay hindi na po sya mkapag trabaho ulit dahil sa natatakot po sya na baka po balikan sya nung mga pamilya nung namatay. Is it possible po ba na humingi kami ng protection na if ever po my mangyare sa pinsan ko eh liable yung kabilang pamilya? Para naman po makapag trabaho yung pinsan ko habang naghihintay ng schedule pra sa mga hearings nya. Please give us some advice po. Gusto na po kasi ng pinsan ko maging normal yung takbo ng buhay nya dahil simula po nung nakalaya sya hindi na po sya lumalabas ng bahay at hindi na makapag trabaho dahil sa natatakot po syang makulong ulit. By the way po nadismiss pla ung kaso nya regarding s driving with influence of alcohol due to lack of proof. Breath test lng daw po ang ginawa sakanya.

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