naguguluhan lang po about reckless imprudent resulting to damage to property

[abbyjale]

db po ang case na reckeless imprudent resulting to damage of property is a civil case? so walang kulong, magbabayad lang ng fee sa damage?

e2 po kz ung nangyari, last March 2008 na aksidente ung BF ko. Motor sya tpos nasa right way naman sya. bglang may kotse na nag u-turn basta basta without looking kung may padating ba na sasakyan sa kabilang lane. nag expire ung license ng bf ko nung araw din ng aksidente at balak tlga namen na kinabukasan ipaparenew. so nung nangyari ung aksidente, walang police report or medical check up from the guy. after nga mangyari un, sinakay pa sya sa kotse tpos hinatid pa ung asawa at anak nung nakabangga. medyo innocente pa ung bf ko sa mga gantong pangyayari at nde nya alam kung ano unang gagawin. kinabukasan nagrenew sya ng license at nakipagkita kme sa taong nakabangga sa knya. kasama namen ung daddy ko. ang pinapalabas nung taong un is ung bf ko ung may kasalanan at hinihingian kme ng pangbayad sa damage ng kotse nya. sabi namen kung pangpahospital nga nde na namen ginastusan tpos hihingian pa nya kme ng pangpaayos. tpos nung natapos na usapan at napagdecisyonan na magkita na lang sa korte, hinihingi ng daddy ko ung license nya para makita kung anong pangalan at address, aba!!! walang maipakita na license ung loko. all this time wala pala syang license tpos nanghihingi pa sya ng bayad?

after 1 year, nakareceive kme ng sulat na sinosummon for hearing ung BF ko, reckless imprudent resulting to damage of property, at ung arraignment is 15,000 pesos ung pinapabayad samen. April 2009 ung 1st hearing, pinuntahan namen kaso na postponed naman kz wala daw stenographer at wala din ung nakabangga nya. reschedule ng august 25, 2009. nagpunta ung bf ko kaso na late sya ng ilang minuto tpos bglang may warrant of arrest daw sya.

nde ko maintindihan kung bket ganto, nung una nag attend kme tpos wala ung nakabangga nya pero walang nangyari reschedule lang, ngyn naman na nalate lang ng ilang minuto warrant na agad? civil case with warrant of arrest?

[Altis6453]

Firstly, please avoid text-speak in the forums so other members can understand your posts.

I tried hard to understand your narration, but let me try to help.

The complaining party went ahead and instituted the case against your BF before the fiscal and your BF failed to attend any of the preliminary investigation conferences which resulted in the case being filed in court.

Most likely, the Php15k your BF is being asked to pay is the amount of bail which would give him temporary liberty while the case is being heard. A case for damage to property through reckless imprudence is a CRIMINAL CASE punishable by imprisonment and a fine.

Your BF's best bet is to get a lawyer and try the case on the elements if there is no police report that points to your BF as the offending party. This will make it harder for the complainant to prove culpability. They will, however, be able to prove the damages that they suffered by reason of the collision so, you have to be clear in presenting the facts as they happened.

Good luck.

[abbyjale]

Sorry about the text format.

The php15k is the payment for the damage of the car. Even if we were sorta the victim here, We intend to pay the said amount just to finish the case. We even went to the PAO for legal advice but they didn't answer any question regarding the case.

The thing is the 1st hearing, the guy who complain about my boyfriend didn't even came. It was rescheduled August 25, which is today. He came about 5-10mins late because he never received any letter regarding the reschedule time.

When he came, his case already passed and when he talked to one of the people working there, he said that the judgement for him is a warrant of arrest.

We don't know what to do. Is it too late to get an attorney?

[Altis6453]

Sorry about the text format.

The php15k is the payment for the damage of the car. Even if we were sorta the victim here, We intend to pay the said amount just to finish the case. We even went to the PAO for legal advice but they didn't answer any question regarding the case.

The thing is the 1st hearing, the guy who complain about my boyfriend didn't even came. It was rescheduled August 25, which is today. He came about 5-10mins late because he never received any letter regarding the reschedule time.

When he came, his case already passed and when he talked to one of the people working there, he said that the judgement for him is a warrant of arrest.

We don't know what to do. Is it too late to get an attorney?

The Public Attorney's Office assists only those who are indigent parties to a case, so its not surprising that they didn't entertain you.

No, its not too late to get an attorney to assist you. This is a constitutional right afforded to everyone. Your BF can make a request in open court that he be given time to secure the services of counsel de parte.

If the direction is to settle the civil aspect of the case, you should ask the complainant for an Affidavit of Desistance which should be presented to court along with the complainant who will confirm that he willingly desists from further prosecuting the case. Remember, settlement of the civil aspect doesn't automatically mean dismissal of the case if the prosecutor or fiscal has other evidence or witnesses with which to prosecute. Maswerte ka kung yung complainant lang ang witness ng prosecutor.

Don't make too much fuss about the non-appearance of the complainant during the first hearing. His attendance is not required. Your BF's attendance as the accused in the case is, however, mandatory.

[abbyjale]

I don't think he have any evidence or witness about the accident. As I've said there is no police report. He have his wife and kid with him but I don't think they will count as witness.

It's so unfair because my bf is in the right of way, and he is not speeding because he is still new to driving a motorcycle. This dude just u-turned out of nowhere without even looking at the other lanes the he will take. He doesn't even have a license when the accident occurred.

arrrgghhh....its frustrating!!! I guess what we can do is make an appeal.

Do you know the number of the PAO in Quezon City? What does W/A mean?? That's what the judge decided daw. Abbreviation lang yung pinakita sa BF ko kaya we all thought W/A is warrant of arrest. tama po ba ako?

[ghosthunter]

It's so unfair because my bf is in the right of way, and he is not speeding because he is still new to driving a motorcycle. This dude just u-turned out of nowhere without even looking at the other lanes the he will take. He doesn't even have a license when the accident occurred.

Honestly, if your bf was still learning how to ride a motorcycle, he has no business doing it on the public road where he is making himself a public hazard. You also mentioned he didn't have a valid license during the time of the incident.

As for "right of way", it is only as good as long as you can prove it. And given you mentioned your BF was just learning how to ride a motorcycle, how well did he know he had "right of way" as compared to the car that made the u-turn?

[abbyjale]

He's been driving a car for how many years na din that's why he knows he's in the right of way. He learned to drive a motorcycle 5 years ago, he stopped driving it about 3years ago. So he already know how to drive a motorcycle, What I mean about learning is just getting use to driving it AGAIN. Medyo natagalan na siya nung nagdrive sya nun, kakabili lang nun motor a few months before nangyari ung accident. Medyo naninibago pa nga lang sya sa motor kaya nde sya mabilis magpatakbo. Saka its not a busy highway. Parang village lang kaya, 2 lanes going this way <<<< and 2 lanes going that way>>>>

[ghosthunter]

You say this....

He's been driving a car for how many years na din that's why he knows he's in the right of way. He learned to drive a motorcycle 5 years ago, he stopped driving it about 3years ago. So he already know how to drive a motorcycle, What I mean about learning is just getting use to driving it AGAIN. Medyo natagalan na siya nung nagdrive sya nun, kakabili lang nun motor a few months before nangyari ung accident. Medyo naninibago pa nga lang sya sa motor kaya nde sya mabilis magpatakbo. Saka its not a busy highway. Parang village lang kaya, 2 lanes going this way <<<< and 2 lanes going that way>>>>

But you earlier said this....

It's so unfair because my bf is in the right of way, and he is not speeding because he is still new to driving a motorcycle. This dude just u-turned out of nowhere without even looking at the other lanes the he will take. He doesn't even have a license when the accident occurred.

I suggest you get your story straight because as the way you are doing it, you are doing the car's owner a big favor.

[Altis6453]

I don't think he have any evidence or witness about the accident. As I've said there is no police report. He have his wife and kid with him but I don't think they will count as witness.

It's so unfair because my bf is in the right of way, and he is not speeding because he is still new to driving a motorcycle. This dude just u-turned out of nowhere without even looking at the other lanes the he will take. He doesn't even have a license when the accident occurred.

arrrgghhh....its frustrating!!! I guess what we can do is make an appeal.

Do you know the number of the PAO in Quezon City? What does W/A mean?? That's what the judge decided daw. Abbreviation lang yung pinakita sa BF ko kaya we all thought W/A is warrant of arrest. tama po ba ako?

Unfortunately, his wife and kid do count as witnesses as they are competent to testify about what happened. They aren't disqualified because of relationship to the complainant.

Well, you can argue the merits of the case including your BF's right of way in court but be prepared for a long process of presenting documentary and testimonial evidence --- not counting numerous postponements of hearings for one reason or another. I'm not discouraging you from doing so. But, its a choice that you have to make and if you do decide to defend your BF in court, its a long-term committment (as in months, if not years).

What will you appeal? Has there been a final decision? You can't appeal the issuance of a warrant of arrest, if one has in fact been issued. Just ask your lawyer to have the warrant recalled or quashed with the promise to the court that your BF will promptly attend future hearings.

I don't know the PAO's number in QC. You can ask the court staff if they have a Court Finder (equivalent of a legal directory).

[MAXBUWAYA]

can writings on forum boards can be use as evidence?