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Hello there... Please help...

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1 Hello there... Please help... on Thu Apr 28, 2011 11:34 pm

ison05


Arresto Menor
Hi,

I'm not that savvy when it comes to laws and court proceedings. Maybe the reason is i was never sued or have done something so bad that will be subjected to such incident. I can say that I am just an ordinary person. But unexpected things do happen and time will come that trouble itself will come before each person. Good thing is there is a place where you can ask some guidance or advice if needed such as this very helpful site.

I am having concerns regarding the case that my father filed. It's actually a charge and counter-charge for a simple vehicular accident that, thank God, did not involve any person to get hurt. My problem is, the case is now on preliminary investigation with the prosecutor but the catch is my father is a seaman and he already left the country leaving only his sworn statement weeks before the subpoena came. Will it affect the entire proceeding? I have told the operator that we are not demanding that they give us the amount for the repair just to have it settled, hence, its not actually our fault. Even if we are on the rear, the PUJ swerved causing its aft to hit our siding flare while running in parallel. Since both vehicles need repairs, I suggested that we just carry our individual costs and dismissed bought cases. The operator said that for the simple reason that we are on the rear is good enough for them to take the score. My question is...

1. Does my father's sworn statement good enough to defend himself even if he's abroad?
2. Can I, his son and the registered owner act on his behalf with a simple authorization letter and be a witness since I was present when the accident happened?

Any suggestion will be much appreciated... Thanks!
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2 Re: Hello there... Please help... on Wed May 04, 2011 11:23 am

Hi,

From the first question, it seems that your father is the respondent in the case, meaning, a criminal case was filed against your father. Also, I can presume that the sworn statement of your father constitutes his counter-affidavit.

In preliminary investigation, once the counter-affidavit has been filed, the case is deemed submitted for resolution unless the Complainant will be allowed to file rejoinder.

At any rate, in the event that no amicable settlement will be arrived, the case will push through. At this early stage, try to secure a Special Power of Attorney from your father so you can validly represent him in all the proceedings of the case. Likewise, if you witnessed the vehicular accident, you should have also adduced your own statement in the form of affidavit to support your father's sworn statement.

Atty. Lawddesign

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