naguguluhan lang po about reckless imprudent resulting to damage to property

[ghosthunter]

can writings on forum boards can be use as evidence?

Generally no unless you can create a definite link between the account and the person.

[SaberRider]

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?

Personal advice lang ha kasi I've been to City Hall numerous times and based sa story mo eh tagilid na tagilid kayo sa laban. Here are a couple of reasons why tagilid kayo:

1) yung isyu na yung bf mo ang may "right of way" is insignificant right now kasi during the day the accident took place eh void/expired na pala yung license niya. Automatic talo na kayo kasi you don't drive with an expired license EVEN if your intention was to go to LTO that day to renew it. I'm pretty sure the other party will ask for a copy of the renewed license and the information there will indicate the complete date when the license was renewed and it will show that it was the day after the incident took place, simply meaning driving w/ an expired license is a crime.

2) yung "loko" na ayaw magpakita ng lisensya sa inyo has the right to hide it from you. Dapat doon sa mismong time nangyari yung incident eh doon lang kayo may karapatan mag request to see the license of the people involved in the incident, not the day after.

3) both parties are required to appear sa fiscal for the preliminary hearing first para ma review yung case to see if it's legitimate enough to be escalated sa court or kung pwede idaan nalang sa settlement. Both parties may have proxies to represent them like their attorneys just in case they don't feel like going there. Now, if any of the parties don't attend the hearings or even have a representative there, they will automatically be charged with contempt by City Hall.


Short and true story: half a decade ago my friend was involved in a minor car accident. It was his fault kaya matapang yung victim. May dumating na traffic patrol and the victim even said na sa korte nalang magkita for the physical, property and morale damages done to him. So both of them brought their vehicles to the police station and filed their reports. My friend called me up and asked for my help so I went to the station. I and the police overheard the victim totally undermining my friend and harassed and harassed him kasi sigurado na daw ang panalo niya sa korte. Binatukan pa niya yung friend ko at minura sa harapan ng pulis. When we inspected the vehicle we found out na coding pala yung auto ng guy. The situation quickly turned around. Eventhough my friend was the one that caused the accident pero due to a serious technicality committed by the victim by driving during a time period na coding yung auto niya then the accident shouldn't have happened in the 1st place. Nag file ng counter suit yung friend ko for harassment and physical injuries and character assasination and all of the police who witnessed it signed it to confirm what happened. Ayun, during the preliminary hearing palang, sabi ng attorney ng kabila na mag settle nalang daw sila.

[beereo]

db po ang case na reckeless imprudent resulting to damage of property is a civil case?

No. Based on what I've studied last semester, the crime of reckless imprudence resulting to damage to property requires a criminal action and not a civil one. It is strengthened by the fact that such crime is punishable under Article 365 of the Revised Penal Code. If it is a civil action, the act or omission should be treated under the Civil Code.

One piece of advice: acquire the services of a lawyer immediately because of the severity of the criminal charge.

[rai711]

Kuha ka na lang ng attorney, makikita naman kung sino may kasalanan sa tama ng car, kung saan tumama ang sasakyan at kung sino ang nasa right of way, ang talo mo lang dito sa pilipinas ang itatanong lang dyan " Sino ang nakabangga at sino ang binangga?" Kung mapapatunayan nyo na hindi sya nagbigay sa may right of way panalo ka. Goodluck po.

[zantets]

Dito sa pilipinas, gulangan ang nangingibabaw,
Since naunahan na ang BF mo, Isettle nyo na lang at bayaran damages sa auto ng kalaban nyo.
Charge to experience na lang,
next time pag nang yari ulit ganung pangyayari alam na nag BF mo kung pano mag-react.

And never drive with an expired license, talo ka agad sa korte. Kasi dapat BAWAL magdrive/magmotor BF mo kung expired license nya.
Kung di siya nagdrive, walang aksidenteng nangyari.
In short kasalanan ng BF mo.

[bender]

After being in an accident last year involving a motorcycle, the police report is a must. Also, make sure the details are properly documented.
For example, in my case, i was trying to overtake a slow truck in a two lane road in a residential area on the way to the office. When i saw that there was a motorcycle in the other lane, I stopped there to let the motorcycle pass. The motorcycle then hit me while i was stationary. The left side of my bumper got damaged while the motorcycle got a few scratches. Unfortunately, the passenger in the motorcycle got injured and I brought them to the hospital.

After accompanying the motorcycle driver to the police station for the filing of the police report, it turns out that the driver had an expired license. But he was also an old policeman. When I saw the report, the report said that I hit them and there was no mention of the expired license. However, i didn't contest it as i was in the wrong lane.

Although i had insurance, i had to advance the medical expenses of the passenger as she had a fracture due to the weight of the motorcycle. The couple also went through the motions of filing a case for loss of income, etc which was settled by the insurance company. Everything was covered by my insurance but it was a hassle. They would often ask me to visit them, to provide medicine, to even provide a wheel chair, etc.

I learned to be more careful in trying to overtake and to pay more attention to the police report.

In your case, i don't know what could be the basis for the court case as there was no police report. How much are they suing for?

[Altis6453]

A police report, while entitled to great weight for supposedly being done in the ordinary performance of duty, is nevertheless rebuttable. If the parties just submitted statements at the police station, most likely, the investigating officer didn't even inspect the site of the accident or interviewed witnesses on hand. Add to that, he could be asked if the basis of his conclusions as to who's fault the accident was was merely on the statements of the parties as well as pictures of the damage to the vehicles. If so, the police report would be rendered unreliable.

[reym]

How about if the police who created a report misread the accident and he decided it was your fault even though its not, is there a way around this situation?

[vinj]

At the end of it all, even i did not read the account of the TS too well, the line that the license of the BF is expired at the time of the accident practically sets everything else aside and places him at fault as he was not authorized to drive any MV at the time of the accident because of that.

[Altis6453]

How about if the police who created a report misread the accident and he decided it was your fault even though its not, is there a way around this situation?

That's why I said, if that police report was presented into evidence and the investigator who prepared it is called to the witness stand, there is a strong chance that the report's contents can be discredited. Then again, you'd have to do your homework in finding out if the investigator was thorough and meticulous in the preparation of the report or if he was lax and sloppy in just relying on the written statements of the parties concerned.

Malas mo nalang if he is accurate because it'll be hard to discredit his testimony and the probative value of the report.