RECKLESS IMPRUDENCE RESULTING TO PHYSICAL INJURY.

information and notice of arraignment coming together is not irregular.

i recommend you plead not guilty then move that the case be annexed to mediation. there you can properly settle with the complainant so that the case will be dismissed.

i stand corrected. the counter affidavit is required in criminal proceedings undergoing summary procedure where the complaint is initiated by information and there is no requirement of preliminary investigation. it will serve as your direct testimony and basis for cross examination.

sorry, my mistake, but you can seek extension to file counter affidavit.

Atty., help naman po, my husband has a warrant of arrest as per my confirmation at the police station handling our case. It is due to reckless imprudence resulting to serious physical injury that happened around 5 months ago. We are driving a motorcycle when suddenly this woman came from the opposite lane and we are not able to see her on time since she was obstructed by cars from the opposite lane. We had initially paid for her hospitalization on the first days of her confinement (around 20% of the total bill)but we cannot pay the full amount. Kami pa nga po ang nagsugod sa hospital dun sa victim. We had furnished our complete address at the police station complete with our contact numbers but months passed and we didn't receive any subpoena. Then all of a sudden bigla na lang may naginform sa employer ng husband ko na may warrant of arrest na daw sya. Ung victim po pla ay middle aged woman who is unemployed and may pagka isip bata. She didn't even look before crossing the road, tumatakbo kasi sya. I verified it with the police station and they confirmed it but they said it was only released by the court since we are not responding to the subpoena. Pano naman po kaya nangyari yon eh wala pa nga po kami narereceive na subpoena. Sabi ng police officer baka daw po di malocate ang address namin. Is that a due process?

Please advice atty., we greatly need your help now.

your remedy is to go to the court where the case is pending and look over the records regarding the notices and how you supposedly received them. perhaps the address is wrong or there is no proof of your receipt.

inform the court that you have not been receiving the notices, and seek to reduce bail or to be released under your own recognizance. i would recommend that you move to reduce bail and post a cash bond so that the process will be faster. good luck.

Good day po. Nakapagpasa na kami ng reply to counter affidavit. Hindi umattend ung respondent representative lang from insurance company. Tinawagan kami ng legal counsel ng insurance company ng respondent gagawa daw kasi sila ng rejoinder. Since ung mga Therapy eh pina cover namin sa health insurance namin,d na daw nila mababayaran un kasi double payment daw un.Gusto nila sagutin ung surgery, kaso baka hindi umabot sa coverage na 100K. Kasi nung nakausap namin ung doctor, ung PF pa lang nya is 40K, ung plate na gagamitin ranges from 30K, then ung anesthesiologist ranges from 30K, un pang mag aasist na nurses, payment for medicines & operating room charges. And the after medications and therapy.
My question is, ano pong mangyayari sa next scheduled hearing sa local prosecutor’s office.Ano po generally ang nakalagay sa rejoinder? Pwede ba kaming tumanggi sa offer ng respondent because we are not after the civil liability. Gusto namin mapatunayan kung sino ang may sala at pagbayaran nya sa hukuman ang ginawa nya pati ung mga kasinungalingan nya. I-cover din pala nila sa insurance bakit hinayaan pa nya na umabot ng 5 months ang perwisyo. Paano ung mga ginastos namin for the medico-legal and ung mga absences ng asawa ko for he is incapacitated to work?
Then, ung insurance gusto na nila i-issue ung check for the repair of the vehicle, kaso baka makaapekto ung mga documents na papipirmahan nila sa amin sa kaso kaya ayaw naming kuhanin. Pero sabi naman ng legal counsel hindi sila magpapapirma ng desistance release of claim lang. Pero ung sa counter affidavit nga ginawang evidence ung unreleased check un daw eh quitclaim na. Kaya duda ako sa kanila.
Please give me an idea why there is a sudden change of mind ipapa cover din pala sa insurance kailangan pang tumagal ang perwisyo. Hinintay pa ang pang 2 hearing. Nung una hindi pa nakipag settle.
Thank you very much. GOD BELSS.

in settlement, it's take it, leave it or make a counter offer. and timing is always a factor because positions change over time.

the interest of the insurance company is first to minimize their exposure and second, to discharge itself of the obligation.

if there's a way to accept the money and consider it only as partial payment, then i recommend to take it. a release of claim is ok if it only refers to the damaged property and expressly includes the bodily injury. this will mean your claims for damage to property will be extinguished, but not for the injury.

i recommend that you ask for a copy of the docs that the insurance company will ask you to sign and have it reviewed by a lawyer. this was what i did when i represented someone who was in an accident. that way, there will be no surprises when it's time to claim the check.

a rejoinder is just one more chance to respond to the reply and adduce more evidence. it is not indispensable so if the respondent does not file one, the case will be just deemed submitted for resolution.

Need your expert advise. The accident happened more than a year ago (may 13, 2009 to be exact) wherein a motorcycle slammed on my left front bumper causing the motorcycle to fall down and damaging the left ankle of the passenger. The accident happened in an intersection and they were claiming that i was running fast when in fact, i came to a full stop to give way to another vehicle and before I can even accelerate, the motorcycle came rushing trying to beat me in crossing the intersection. I brought the passenger to the hospital and offered to pay for the hospital bills. the doctor then said that she doesnt have a fracture. 2 weeks after the accident they ask for assistance in w/c I gave another 5k (forgot to have her sign a quit claim).2 months after the accident though they bombarded me with text msgs saying that she's not well and they're asking for monetary assistance. after not heeding to them, they filed a case at the prosecutor's office. There was no police investigation made during the accident, there was no written agreement of any settlement. The police report they provided was 8 months after the accident and was anti-dated. It wasn't also signed by me and no pictures of my vehicle and sketch of the accident. The medical certificate they provided was 2 months after the accident.
I want to know the chances of the case to be dismissed. thanks.

I'm afraid there are too many factors that a prosecutor looks at in order to resolve a case so I decline to even speculate on chances. what i can advise is that you definitely in the proceedings.

your defense will center that it was their fault. at the same time, what is the kind of injury alleged, serious, less serious, slight? it depends on how many days it required to heal as stated in their medical certificate.

thank u atty. the complainant failed to present a medical certificate on the day of the accident stating that she had a fracture. but she attached a medical report on her counter affidavit from the hospital stating that she didn't have any fracture and it was just swollen. she was only able to provide a medical certificate dated 2 months after the accident. will that still count?
shouldn't the case have prescribed already since they filed it almost 9 months after the accident?

i meant to say "definitely PARTICIPATE in the proceedings."

i don't understand, did she have a fracture or not? how many days to heal does it say on her medical certificates, both the old and the newer one?

the medical report on the date of the accident said she never had an injury, it was just swollen. nevertheless she was placed on cast and was asked to go back after 2 weeks. no mention on how long it will heal. after 2 weeks they just cleaned it up.
2 months after the accident though, she said that there was fracture w/c was not seen earlier. anything can happen in 2months w/c may or may not be attributed to the accident.
only this january did she undergo an operation to correct the fracture (that's almost 9 months after the accident).
she is asking me now to pay for her salary since the day of the accident until she was able to walk (w/c is almost a year, amounting to almost 300k).

by the way the complaint didn't mention if it's slight or serious inury. it was just reckless imprudence resulting to physical injury.

it's up to the prosecutor to determine what kind of injury was sustained. all the medical certificates will be considered. point out all your observations. what stage are you in? did you file your counter affidavit?

im filing my rejoinder this november...i also got the statement of the traffic enforcer to validate my claim.

good luck then.

thank you atty for the help

nabangga po mister ko last jan.23.the respondent he is guilty,pero pinalalabas nila may dati sakit kya nagdialysis.natamaan kasi ng motor ay ang spleen ng liver that cause ng non functioning kidney,gumastos sila 2days,credible ba yung rason nila kasi gumagawa sila ng paraan para di makabayad?at ano parusa sa 20 yr old na nakabangga?makukulong po ba sya?at walapo investigation pulis.hindi kami inintindi.ano po kaya ang magiging takbo ng kaso?

lizap, did you file a complaint at the prosecutor's office?

hello,
i just want to ask kung anong kaso ang pwedeng isampa sa isang lalaking ginulpi ang asawa?

ano-ano ang mga batas na nilabag nito?

please... i need the answers for my research po.

ra 9262.

attyLLL wrote:lizap, did you file a complaint at the prosecutor's office?

opo araignment last march 10 at gusto ko bayaran nila lhat ng gastos s hospital pati ang hndi pagwork ng 3mos.hndi dw nila kaya,at pinalalabas nila na dati ng me sakit sa kidney mister ko.naibigay ko na po mga documents to support medico legal.ano po ba next gagawin sa araignment,sched po kmi uli sa fiscal office ng april 7.ano po mangyayari nun?

if mediation is done, you will undergo mediation.

i will warn you that your only leverage is that the driver is trying to avoid getting a criminal record and undergoing trial.

even if he is convicted, he can apply for probation and not be imprisoned. at 20, i doubt he has any assets you can execute against. you cannot get his family's assets, only those in his name.

you will have to choose between a paper victory or a so-so settlement.

ganun lng po ba iyon?hndi sya makukulong?he already pleaded guilty,pano nyamapagbabayaran ang pagiging reckless nya?nakasakit sya,hndi na minor yun ah,pano po ang motor?nakaimpound po now,pero hndi kanya,at wla sya liscence.kundi nya mbabayaran,khit ilang months n kulong,ok na,at anu po ibg sbhin ng mediation?

ahh, he already pleaded guilty. if he applied for probation, sometimes it's the probation officer who will contact you regarding payment. i doubt he will serve imprisonment. if the motor is under his name, you can try to execute the award against that.

hindi kanya motor,pwede po magfile civil case sa me ari ng motor?at san po ako magfile?bakit sa min na nang nasaktan sa kanila pa ang sympathy ng batas.pano po kami at ang nagstos?pano kmi mababayran?what dotoumean by so so settlement?yung kaya lng ibayad?what if hndi ako pumayag?kahit dina makabayad,ikulong na lng kun di kaya.on settlement ba ,magkakarecordpa din sya pag kumuhasya ng police and nbi di ba?