RECKLESS IMPRUDENCE RESULTING TO PHYSICAL INJURY.

A Friend of mine accidentally ran over a small boy's foot while driving at a very narow road. The boy was 5 yrs old at the time of the accident. My friend was driving a mitsubishi L300 FB diesel and was only traveling maybe 20-30 kph, since it had only traveled 50-60 meters away from where it was parked.

He brought the boy to the hospital and payed for all his medical bills. But after all that the parent of the boy still filed a case against him.

June 29 as the letter said an arraignment was scheduled and so my friend went to attend it. To his surprise there was no hearing and an arrest warrant was served to him.

We posted bail with some difficulty because we didnt know the procedure.

What is the maximum penalty for this case?
we would like to go into a settlement but the only legal parent is now out of the country. She would like us to give her a said amount and hand it over to her live in partner. In return she will give us a letter of desistance.

But, unfortunately the fiscal said the case has been filed and only the parent who is now in japan is the only one that can have it unfiled.

please help us.

what kind of injuries is charged? slight, less serious, serious?

yes, the process of filing for bail sucks. after bail, the court should schedule an arraignment then the case should be referred to mediation. it is at that point that you should settle so the case will be dismissed.

the case is in the court now and only the judge can dismiss it.

thank you for your speedy reply. The boy suffered 1 toe amputation only. The boy is now almost back to normal. he was seen jumping, running, and playing with other kids. So maybe a less serious physical injury at most.

if the case goes to mediation, but the only legal guardian/ parent of the boy is out of the country, how will the mediation continue? Thru cell phone she wants to settle and has earlier agreed to a specified amount. Will an ordinary notarized letter of agreement be enough for the court to dismiss the case?

As the owner of the vehicle in the accident am i legally obligated to pay as well?

I do not recommend an out of court settlement, but that is my own professional opinion. I prefer settlement during mediation so that it is by the book.

the guardian has to execute a Special Power of Attorney to authorize someone here to represent her. At the same time, the SPA has to be notarized at the embassy or consulate in Japan.

amputation of a body part is serious physical injury. if this is by reckless imprudence, the punishment is 4 mos to 4 years.

i recommend that you acquire legal representation to guide you through this process. if you hurry, you might find yourself having paid, and yet the case is continuing because of botched process.

the registered owner of the vehicle can be made subsidiarily liable.

amputation of a body part is serious physical injury. if this is by reckless imprudence, the punishment is 4 mos to 4 years.

Again thank you for your reply. A few more questions please.

Monetarily how much do you think the judge may impose penalty on my friend? We have paid for all medical expenses and some other incidental expenses already.

And if convicted he will be incarcerated for 4 years. What is the procedure for applying for probation? can he be qualified to that? Can we pay by installment?

he is the bread winner in his family. if he will be in prisonned his poor family will surely suffer severely. As it is they are living thru hand to mouth. And all this over a boy's amputated toe, and to witnesses attest could even be the boy's fault?

How about defending against the charge of reckless imprudence resulting to serious physical injury? is it winable?

defense depends on the facts. you will need an attorney to to assess his chances. you may be consoled by the fact that only about 30% of cases end in conviction. a lot also depends on the availability of the witnesses and the ability of the prosecution to present its evidence.

yes, he can apply for probation, and he won't have to go to jail.

judges are sometimes weird, but most of them, when you try your best to put a good defense and show that you did your best to settle with the family, will not impose a big award.

thank you so much Attorney. hopefully we get a good lawyer in PAO to help him in mediation and defense. When the case gets resolved or dismissed are we getting our bail money back?

Attylll, I hink this case falls with the rule on summary procedure.Since the penalty for reckless imprudence resulting to serious physical injury is arresto mayor or one month and one day to six months of imprisonment. Why should there be a warrant of arrest for this case..Is it not the practice of then MTCs are to subpoena first the accused during arraignment and if he failed to appear this is the only time upon which the court may issue a warrant for his arrest?

On the second thought this case might have been filed in the RTC..since the victim is a minor...per RA 8369 Sec.

5. Jurisdiction offamily Courts. - The Family Courts shall have exclusive original jurisdiction to hear and decide the following cases:


a) Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age but not less than nine (9) years of age or where one or more of the victims is a minor at the time of the commission of the offense: Provided, That if the minor is found guilty, the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred.

admiral is correct on the penalty and that this should be under summary procedure, unless the information includes some other qualification. sorry for the error.

yes, you'll get your bail back.

Thank you again gentlemen for answering my queries. Another question, is there a law or a clause in some law saying:

Allowing a child under 7 years old to cross the street unescorted is negligence on the part of the parent/guardian?

no direct provision stating that but the standard of care is that of a good father of a family. you can argue there was contributory negligence by the family or even that their negligence was the proximate cause of the accident.

Thank you again AttyLLL. what/when can it be considered that a driver has used all normal/humanly precaution to avoid the accident? 1. driving slow and being alert of any pedestrian that may come. 2. Applied the brakes and tried to stir the vehicle away the incoming pedestrian. 3. No pedestrian crossing warning present. road is narrow only enough to accommodate one vehicle. 4. The only part of the vehicle that hit the boy was the front wheel which rested on top of the boy's foot after the brakes was applied. Can these be enough?

The only logical answer to that is when no accident has been incurred by the driver of the vehicle. You see kapag nasaktan mo yung tao even a slightest injury still it is a product of negligence on your part mind you that reckless imprudence cases does not necessitate intent, it being malum prohibitum ang manifestation nyan pag nasaktan o nakasira ka ng gamit kung wala then it goes with it wala din kaso.

there are two kinds of imprudence, reckless and simple, with the latter having a lower penalty. just present your evidence as best you can, and hopefully the judge will agree with your affidavits. good luck.

D KO ALAM SAN I-POST ITO.
We need your advise. Nag file kami ng kaso, reckless imprudence resulting to physical injury and damage to property. Ako at asawa ko papasok sa trabho sakay ng aming tricycle, papaliko na pakaliwa biglang may bumangga na kotse. Tumilapon ang asawa ko at ako sakay sa side car ng tricycle ay kasamang gumulong at 2 bses na umikot kasama ng tricycle. Bumababa ako sa tricycle para tulungan ang asawa ko. Nakahiga sya sa daan, nakita ko ung kotse medyo malayo na tumigil bumaba ang driver lumapit sa amin isinasama nya ang asawa ko sa kotse nya, d sana ako sasama kasi worried ako sa tricycle namin baka mawala kaso sabi nung matandang lalaki na lumapit sa amin, may gasgas daw ako sa noo, siguro due to adrenalin wala akong nararamdamang sakit kasi worry ko ung husband ko sumisigaw sya sa sakit. Biglang may dumating na mobile police kaya sumama na ako sa kotse I was thinking ung police will make an investigation. Dinala kami sa hospital ng asawa ko sabi nya pasensya na sumabit. Ilang beses na paulit-ulit ang sorry nya admitting his nistake. May kakilala kami sa hospital, para i-assist kami baka tumakas ung nakabangga sa amin habang busy kami na ginagamot. Sabi nung nakabangga wala lang syang dalang pera pero sasagutin nya lahat kaya sabi nung kakilala namin sya muna magbabayad para magawa na lahat ng laboratories (X-Ray’s & CT Scan). Babayaran na lang daw nung nakabangga pagdating ng parents nya. Dumating ung parents ung mother pinapa cancel ung CT Scan, nakipag argue ako kasi my husband telling me na his right head was aching. So the mother said, unghusband ko lang ang CT Scan kasi ako naman was walking and mukhang okey kahit na may bruises ako sa noo. My husband suffered a fractured clavicle left shoulder bone. Cleared naman CT Scan nya. Sabi ng doctor d na daw kailangang i-confine ang husband ko kasi i-rest lang ang shoulder kusa na daw magdidikit ang baling buto. Tinawagan ko ung kapatid ko para i-check ung tricycle namin, sabi nya d daw i-release kasi may pending pa. Nagpadala ng pulis sa hospital hindi naman nag imbestiga kinuha lang ung license at OR CR ng both driver. Hindi daw sya ang imbestigador. Sinabihan lang kami na pumunta sa Police Station kung saan cover ung lugar ng pinangyarihan. Pumunta kami don. Bumaligtad ang statement ng nakabangga kami daw ang bumangga. Siguro by lawyer’s advise or his mother’s advise. Due to pain & trauma gusto namin makauwi na at maayos na. Sabi nila sagot nila ang hospitalization, medicines & repair ng tricycle.Upon follow-up check up nalaman ng ortho na nakalimutan sa ER na turukan ng anti-tetano ang asawa ko. So nung nagkita sila ng nakabangga, kasi kinukuha ung Certificate of No Claim namin as requirements for their insurance, humingi ng pang anti-tetano ang asawa ko at ung additional medicines na nireseta. 1,500 lang binigay nya. Pinapirma pa ang asawa ko. Nagte-text sa asawa ko na EXTENDED HELP na daw un. Nagalit ako sabi ko hindi HELP un obligation nya un kasi pinerwisyo nya kami. After a mont, nagpa X-ray ang asawa ko, ang the ortho said na hindi nakikitaan ng sign ng improvement ang bones so kailangang operahan. Kami magiging frozen shoulder na ung left. Ang sagot ng nakabangga hindi na daw nila sagot un dahil naipagamot na daw kami.
Ang tanong kopo anong chances ng kaso, kasi sa Police report, nakalagay, V1 (tricycle) in front of V2 (car), V2 overtaking and accidentally COLLIDED to each other? Nalaman din po naming ung nag impound nung tricycle naming walang blotter, walang sketches or pictures man lang. Tama ba ang report ng Police? May mga witness sa site kaso ayaw nila tumestigo baka mapahamak daw sila.
2nd Question, in case they want settlement, paano naming i-compute un. Kasi kailangan ng operation, after operation PT syempre matagal ng hindi nakakapasok ang asawa ko. Tapos wala kaming service mahal ang pamasahe at ang daming perwisyo kasi text pa ng text may pinapirmahan na Affidavit of Desistance hindi naming pinirmahan galit pa. Ung sa repair ng vehicle d naming kinuha ung check sa insurance because ayaw naming pirmahan ung Affidavit of Desistance. Pwede po bang moral damages ung sleepness nights due to trauma and pain? As much as how much ang i-demand naming sa kanila.
Matatawag po bang settlement ung arrangement namin sa Police Station? Kasi sinasabi nila na un lang daw ung napag-usapan sa Police Station pero ung investigador mismo ang nagbigay ng statement sa asawa ko para sa kaso na file namin.
Kung hindi kami pumayag sa settlement anong mangyayari next?
Thank you very much. Sana matulungan nyo kami.

The winnability of your case will defenitely depends on the strength of your evidence and not the weakness of the others claim, meaning to say dapat malakas ang ebidensya mong hawak, the problem in wreckless imprudence cases is you can not interpose the negligence of the other party to prove that you are not negligent. patibayan ng ebidensya yan pagdating nyo sa korte. The police report has a probative value but not sufficient to prove ones guilt at any rate it may be rebutted but surely it will be offer as documentary evidence pagdating ng hearing.

To your 2nd question if the condition of your husband neccessitates thorough medication and intensive kind of treatment like what the doctor had said then it is a must at kung magkano ang magagastos yun dapat ang idemand mo dun sa other party, ngayon if you want to claim for damages like moral and actual damages thats another thing sure ako hindi papayag yung kabila lalaban yun ng asunto. alam mo kase ang obligation under the law is the juridical neccessity to give, to do or not to do at hindi pagsinabi obligasyon ay mandatory na. If you want to push the case yun pwede magdemand ng damages but mind you that it is for the court to determine whether you are entitled or not or it is the other party who is entitled yan ang mga twist pagtinuloy mo ang kaso.

Ang arrangement can take place anytime anywhere so long as the parties therein agreed upon on the terms and conditions and as much as possible it should be reduced in writting, yun nga lang kung verbal lang e madali itanggi yan.

Thank you for the reply. Kumuha kami ng medico-legal ng asawa ko. Ung sa police report and blotter nakalagay, V2 (car) shoulder the expenses for hospitalization, medicines and repair of the vehicle. Signed by both parties sa blotter sa police station. Kaya kinuhaan na kami ng statement ng pulis kasi papaasahin lang daw kami ng kabilang party kaya sinampahan na namin ng kaso. May mga witness sa site ayaw lang nilang tumestigo pero kung iimbestigahan sila sasabihin nila ang nakita nila na talagang kitang kita nila na binangga kami at bumaligtad ng 2 beses ang sasakyan.
Gutso talaga naming makulong ung sinungaling na un at arogante na un. Naka save pa sa cellphone ko ang mga messages nya forcing us to sign the Affidavit of Desistance. He also give a copy of it to my husband at nag text sya nakukuhanin nya pag accoplished na.

so you filed your complaint affidavit at the prosecutor's office? if you are able to properly present your evidence I think your case will prosper.

Nevertheless, in RIRI cases, I always recommend settlement.

a registered vehicle should have Compulsory Third Partly Liability Insurance of P100,000.00. they may even have extended insurance for a higher amount to cover your medical expenses. i am mentioning this so that you may have the option of trying to settle the case and avoid litigation, and more importantly, your husband will have his operation. that is, if your costs will fit within the policy.

you can settle now, or later IF the prosecutor finds resolves your complaint in your favor.

don't expect that your respondent will see jail. he will have the right to post bail. and if he is found guilty, the penalty allows hims to take advantage of probation.

Yes, we already filed the case in the prosecutor’s office. Yan ang hindi ko maintindihan sa kanila bakit iniipit nila kami eh may TPL naman. Gusto pa nila ng sakit ng ulo. Feeling tuloy namin minamaliit nila kami na wala kaming alam sa batas. Alamo atty. Mas masarap sana na makulong na lang ung mga taong ganyan. Para maturuan ng lesson na hindi sya sumusunod sa itinuturo ng iba na alam naman nyang mali. Tapos sya pa ang may ganang perwisyuhin kami sa mga text messages nya. Sa totoo lang, prayers namin na may mga gawing instrumento ang Diyos para maturuan sila ng lesson na hindi lahat ng mahirap walang alam sa batas. And thank you all for all your advise. And also I thank DOJ Action Center for their advises.

are your damages beyond P100k? you can deal directly with his insurance company.

The vehicle repair estimates 25K, it has already a check, but we are not claiming it due to insurance procedure to sign the Affidavit of Desistance. We still do not know the amount of the operation and the medicines. And we are not sure how many PT sessions it will need to bring back the shoulder to normal condition. They already paid 8K to the Emergency Room and reimburse it to their insurance. We suffer so much from the accident, nagta-trabaho ang husband ko sa manufacturing company na gumagawa ng manholes, gutter covers sa araw-araw kailangan nyang magbuhat ng mabibigat.Wala namang ibang sections / departments na hindi nagbubuhat. Kaya it will take long time bago nya magawa ang kanyang trabaho. Hindi naman makakabuhat kung isang kanay lang. Thank you for your quick response.

if you will claim against the insurance company, it will have to be within 6 mos. they will only pay hospitalization, meds with receipts plus damage to your vehicle. you can also submit quotations from reputed doctors and hospital for the operation. but yes, they will ask you to desist from the case.

i recently settled a riri case. i waited until all the expenses for rehabilitation were clear before I made my claim with the insurance company, and got additional from the offending party. perhaps now is not the time to settle.

if you really wish to push with your case, then at least you are making an informed decision. good luck.

Atty. I just want to ask according to the prosecutor’s office they already mailed the subpoena, what usually happen in a preliminary investigation? What is the purpose of a medico-legal? Do you think it will help if we pursue the case? We got a help from a policeman, to investigate on the persons who saw the accident, can we use him as a witness? Because those witnesses are afraid of their lives. Thank you very much.