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Minor Driving | Civil or Criminal Case

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1 Minor Driving | Civil or Criminal Case on Tue Jan 02, 2018 3:46 am

DPLAZO


Arresto Menor
Hi Atty's,


I was recently involved on a vehicle accident, car bumped in my motorcycle resulting
damages in my vehicle and physical damage (right shoulder, AC - Ligament rapture). The driver of the car is minor (17 y/o)and no license (student) or any companion with a valid driver license during the time of accident. The parent (mother) of the involving minor covered the initial hospitalization expenses and also make a documented statement together with my wife at the police station that they will provide all assistance that I may need (MC repair, Hospitalization/Medicine for follow checkup, financial assistance, etc.) in exchange that we will not filling any case and the car will not be towed. Since I was on the hospital that time, my respondent (Manager and Wife) agreed to this statement, however when we are collecting the damages for the MC vehicle they always failed to pay for it even follow-up check up and in addition to this is for the surgery of my right shoulder. The other party keeps on reasoning that she (the mother) doesn't have any money to pay for me. To cut the story short, I decided to continue for filling a case against them, the investigative report from the PNP-Traffic Mngt Group found the second party liable to the accident for human error, who also initially filed a case for Reckless Driving resulting Damage of Property and Physical Damage. Unfortunately I was tagged to be no show in the Piskal Office due to Subpoena was late delivered from us, and as per advised by the Piskal Office to wait for the resolution and decide weather I want to re-open the case.

As of this moment, I'm just waiting for the resolution of this case and I would like to seek any assistance, legal advise or your honest opinion within this matter.

- What kind of case should I file since the secondary party is underage. As far as know I can file a Criminal Case since the driver is already above 15 y/o and below 18. The fact that he can manage to drive a 4 wheel vehicle, the offender is discernment on what he was doing.
- Is there any chance that I could ask to the Piskal office to have the vehicle be impounded?
- If ever that this case will be fall under Civil Cases, Is the registered owner of the vehicle is also liable to this accident? (NOTE: The registred owner is the legal husband of the mother of this offender-illegitimate child.
- Base from the story above, for what ever cases should i filled what will be the percentage of winning this kind of case?

Thank so much, God bless and happy New Year.

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2 Re: Minor Driving | Civil or Criminal Case on Sun Jan 07, 2018 9:06 pm

attyLLL


moderator
criminal case was already filed. you can file a manifestation to state that you are actively pursuing the case and explain regarding the late subpoena. too late to have the car impounded

in a civil case, the registered owner and the parents can be made liable


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3 Re: Minor Driving | Civil or Criminal Case on Tue Apr 17, 2018 3:23 pm

Dillion9


Arresto Menor
I know it being a dead thread, however, my cousin had a similar incident and asked me for help. Trying to help him out. I think he is too late to get car impounded as week has passed. Going to ask a friend too who works for a DUI lawyer as he might know things better.

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4 Re: Minor Driving | Civil or Criminal Case on Sun Apr 29, 2018 3:45 am

DPLAZO


Arresto Menor
To all.

Good day.

Sorry for the late post this was due to the hearing was cancelled several times here is the continuation of story;

After it was filed in the Piskal's office even I haven't get a chance to attend the 2 hearings they escalated the issue to MTC with 2 cases

1st Reckless driving resulting damage of property and less-physical injury (it may be tagged as Less due to I haven't get a chance to submit the follow-up checkup, they only base the injury on the initial finding when the accident occurred with 30 days resting period, truth is 3 doctors evaluated all the laboratory results and they only have one reso, a surgical operations because of the ligament tear it was diagnosed to have a low lying acromion.

2nd count was for driving with-out license

Although the case was raised to MTC (Metropolitan Trial Court) it was lately dis-missed (last Friday) due to Jurisdiction issue, to be honest I'm not really familiar on judiciary terms but this was the way I understand when the Judge told me that it was Out of their Jurisdiction in MTC if there is an involvement of a minor, and the case will be going back to Piskal's Office.

I immediately go to PAO and ask for what will be my other option or next action plan however they referred me back to Piskal office for the reason that the Piskal will be standing as of my lawyer since it was already been filed to MTC.

From their I get really confused, who will be my lawyer as I reach PAO expecting that they will be the one who will assist me on this case. I haven't get a chance going back to Piskal office to confirm it as they still have on another hearing.

Note :
The second party still refusing to pay for their liabilities even my medicines, checkup's and damages to my M/C.
Also the register owner (step-father) is still no show from any of the hearings/meetings.

Questions;

What possible second step / action do I need to do so that I can pushed this cases? I'm almost helpless that everything will going to a non-sense as the driver of this vehicle is under age. In your honest opinion is there any chances that I can still win this case/s or at least have them pay their liabilities?

If I will file a case against the Mother (who signed the agreement to pay the liabilities), can I also file a case against his legal husband (the registered owner of the car), what case will it fall under?

Thank you so much for your early comment/advice.

Hope you can still enlighten me on this particular issue.

GODSPEED.



PS.
Looking for affordable private Atty if any, that can send me how much would it cost me If I hired them to handle this case really appreciated.







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5 Re: Minor Driving | Civil or Criminal Case on Tue May 01, 2018 8:14 am

attyLLL


moderator
if the accused is a minor, the proper court to handle it is the RTC Family Court. That is likely the reason it was dismissed. Your lawyer is the prosecutor, not PAO


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6 Re: Minor Driving | Civil or Criminal Case on Sun Jun 10, 2018 7:53 pm

DPLAZO


Arresto Menor
Thanks po sa mga adivise.

For the update of this case:

Since the case was demised by the MTC due to lacking of jurisdiction though the Judge already told me that this should be filed to RTC - Family court. When the case was returned back to the Prosecutors Office they denied to file it to RTC due to the involvement of a minor age. With-in their resolution they file a diversation to DSWD against the accused.

Is it lawfully not to pushed the case to RTC due to involvement of a minor (17 years old)?
Thus the resolution also did not resolved any issue about the damages that this cause me. As per advised by the Prosecutor I can file a separate case for Civil Liabilities to the parent/s or guardian.
Just wondering, should it be covered by the resolution for the accused party (parent/s or guardian) to be liable on paying the damages since the case is Reckless Driving resulting to Physical Injury and Damage of Property.

Hoping for your legal advise on what action should I take.

Thanks in advance.

Godspeed.

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7 Re: Minor Driving | Civil or Criminal Case on Thu Jun 14, 2018 11:34 am

attyLLL


moderator
you can file small claims case for the damage


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