car accident

i need ur opinion and we cant find any lawyer kasi holiday ngayon.
temporarily na ka out puh aku from camp karingal at gusto ko puh humingi ng help kung may laban puh ba aku.
i was driving from work and meron puh isang jeep sa kabilang side na minamaneho ng driver at pamangkin nya hanggang nagkaroon ng pagttalo sa jeep with isang passenger. hanggang naghabulan sila sa isang side ng hi-way. until tumalon sila sa fence ng mmda at dun puh aku dumating at dun ko na nahagip sila sa kabilang side na.
and one thing more may ice pick at tubo puh sila nung naghahabulan sila sa hi-way.
hnd ko puh alam kung may laban puh aku kung i-pursue ko yung case.
ang victims puh ay isa patay at isa nasa hospital at isa puh nabangga ng kotse.
hnd ko puh alam kung anu gagawin ko puh lalo na wla pung kming lawyer na makausap kung anu gagawin namin.
u can reach me at this number 09289374104. or please post ur advice here.
and if you can recommend me a good lawyer who is good in this practice area that willing to help me i would appreciate.
thanks....

gud day. me gud defense po kau sa nangyari. well, sa palagay ko that is a pure accident. under our laws, if you caused injury to another without intent, negligence or you were not reckless, you may be absolved of any criminal liability. however, due to the damage done, you may not escape civil liability. the law may require you to pay the damages caused to the victims.

for further inquiries you may reach me at 09159891869

thanks gerald and i would try to keep in touch with you

im sori i cant attend to your problem. were also on vacation right now. the only thing you could do is to settle with the family of the victim if possible to avoid wasted time, money and effort. siguro nmn they are not after seeing you behind bars. if you could settle with them better. just inform me kng ano na nangyari and i would be willing to help.

ganon po ang tinatry ko gawin right now. ang main problem ko po ngayon kailangan daw po notarized yung kasulatan ng amicable settlement otherwise hindi po iho-honor ng korte yun. at maaari pa rin nila akong kasuhan. is this true?

clarify ko lang puh yung civil liability. akala ko puh kasi kapag panalo sa kaso wla na puh babayaran ang nanalo. bkit puh cnasabi nyo puh bkit may babayaran na civil liability?

marami puh slamat sa pagsagot nyo puh....

If you qualify under the exempting circumstance under art12(Par. 4) of thr RPC or

Accident without fault or intention of causing it
Elements:
1. A person is performing a lawful act
2. with due care
3. He causes injury to another by mere accident
4. Without fault or intention of causing it.

you are not criminally liable and you are not also civilly liable

General Rule: Exemption from criminal liability does
not include exemption from civil liability.

Exception: No civil liability in Art. 12, par. 4 (injury
caused by mere accident) and par. 7 (failure to
perform an act required by law when prevented by
some lawful or insuperable cause).

Pars. 1,2,3,5 and 6 are NOT exempt from civil
liability although exempt from criminal liability

Hi prettylaw, thanks for your response. I appreciate the advise. Clarify ko lang po ito:

Exception: No civil liability in Art. 12, par. 4 (injury
caused by mere accident) and par. 7 (failure to
perform an act required by law when prevented by
some lawful or insuperable cause).

What does par. 7 contain? (failure to perform an act required by law when prevented by some lawful or insuperable cause)

Also right now I'm really worried, kasi I was being detained indefinitely in camp. Nagkausap kami ng victim that I will try to produce the amount they are asking (120k) by noon tomorrow. I am unable to produce this amount, and the problem is walang notary bukas so even if we settle, the affidavit of desistance and amicable settlement will not be valid unless notarized.

I talked to a lawyer and he said that I do not have to show up, kahit na may pinirmahan pa kaming agreement. Is this true? Do I have to send a representative, or can I just text them?

Many thanks in advance. This forum is really works and is very helpful. May God bless your good souls.

yung par. 7, it is an exempting circumstance. "Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause."

Elements:
1. that an act is required by law to be done;
2. that a person fails to perform such act;
3. that his failure to perform such act was due to some lawful or insuperable cause.

Examples:

1. A priest came to know the knowledge of conspiracy upon the confession of private citizen. The priest is not liable if he did not disclose upon the proper authority. under the law, a priest cannot be compelled to reveal any information which he came to know by reason of the confession made to him in his official capacity.

2. A municipal mayor who detained an offended party for 3 days because to take him(offended party) to the nearest court required a journey for 3 days by boat as there was no other means of transportation.

3. A mother who at the time of the childbirth was overcome by severe dizzniess and extreme debility, and left the child in a thicket where said child died, is not liable for infanticide, because it was physically impossible for her to take home the child. The severe dizziness and extreme debility of the woman constitue an insuperable cause.

I believe po d applicable sa inyo ang para 7 kasi iba yung circumtance nyo sa mga nabangit na example or even dun sa elements ng para 7.

Kaya po kailangan mapatunayan nyo na qualified kayo sa sa art 12 para 4, otherwise, Art 100, RPC will apply. "Every person criminally liable for a felony is also civilly liable."

What give rise to civil liability is really the obligation of everyone to repair or to make the damage caused to another by reason of his act or omission, wether done intentionally or negligently and whether or not punishable by law (Occena vs. Icamina)