Sunday, April 26, 2009

Criminal Stupidity (or What is reckless imprudence?)

By Obiter07

The recent tragic death of an elementary school student has given rise to charges of reckless imprudence resulting in homicide and damage to property. The fatal road accidents reported on an almost daily basis provide more morbid examples.

Imprudence penalized under the Revised Penal Code

But what exactly does reckless imprudence mean? Article 365 of the Revised Penal Code defines reckless imprudence as that which “consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place.”

Article 365 also defines simple imprudence as that which “consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest.”

The entire Article does not make for easy reading as it refers to any act, which if it been intentional, would fall or qualify as a certain criminal charge. It is like saying if you commit any crime by mistake or negligence, then it could be an act of reckless imprudence. The penalties imposable depend on the degree of negligence involved.

“ARTICLE 365. Imprudence and negligence. — Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period to prision correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed; if it would have constituted a light felony, the penalty of arresto menor in its maximum period shall be imposed.


Any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave felony[1], shall suffer the penalty of arresto mayor in its medium and maximum periods; if it would have constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be imposed.

When the execution of the act covered by this article shall have only resulted in damage to the property of another, the offender shall be punished by a fine ranging from an amount equal to the value of said damages to three times such value, but which shall in no case be less than 25 pesos.


A fine not exceeding 200 pesos and censure shall be imposed upon any person who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony.


In the imposition of these penalties, the court shall exercise their sound discretion, without regard to the rules prescribed in article 64.


The provisions contained in this article shall not be applicable:


1. When the penalty provided for the offense is equal to or lower than those provided in the first two paragraphs of this article, in which case the court shall impose the penalty next lower in degree than that which should be imposed in the period which they may deem proper to apply.

2. When, by imprudence or negligence and with violation of the Automobile Law (Act No. 3992)[2], the death of a person shall be caused, in which case the defendant shall be punished by prision correccional in its medium and maximum periods.

xxx

The penalty next higher in degree to those provided for in this article shall be imposed upon the offender who fails to lend on the spot to the injured parties such help as may be in his hands to give. (As amended by Republic Acts Nos. 384 and, 1790, approved June 21, 1957.)”


Imprudence in decided cases

Still awake? We will try and simplify matters. If someone is killed or injured or property damaged, unintentionally, then there could be a charge for reckless or simple imprudence. One example cited by an authority is an instance where a policeman fires a warning shot into the air. Somehow he hits and kills someone. The charge is not homicide but reckless imprudence resulting in homicide. One has to make a distinction: that imprudence is not the crime, but just the means of committing it.[3]

There is also a distinction between imprudence and negligence per se. Imprudence is “failure in precaution” while “failure in advertence” or lack of due diligence is negligence.[4] But even the decided cases use the terms negligence and imprudence interchangeably. And Article 3 of the Revised Penal Code provides that “wrongful act” can result from “imprudence, negligence, lack of foresight or lack of skill.”

To further illustrate, a man was found guilty of reckless imprudence resulting in homicide when he threw a stone at a distance of ten meters and hit the victim at the back of the head. The victim subsequently died from the head injury. The victim had attacked the accused’s companion who was much smaller than the victim. Even if his intent was just to drive away the victim, he was still found guilty. The court found that the “act was committed with inexcusable lack of precaution. He failed to consider that a stone the size of a man's fist could inflict substantial injury on someone. He also miscalculated his own strength, perhaps unaware, or even completely disbelieving, that he could throw a stone with such force as to seriously injure, or worse, kill someone, at a quite lengthy distance of ten meters.” He was also found civilly liable for damages.” CALIMUTAN vs. PEOPLE, [G.R. No. 152133. February 9, 2006.]

In practice, this charge is usually made in relation to car accidents resulting in death, physical injury or damage to property. Do you ever feel the need for speed? Or do you sometimes vent your anger through aggressive driving? Do you take chances while driving? Think you can drive while drunk or drowsy? Always be mindful of the possible dreadful consequences.

In one case, a driver was sentenced to four months in prison for hitting a passenger of another vehicle that had stopped at a road shoulder. This resulted in the amputation of the passenger’s leg. A separate civil case was filed resulting in the award of damages as well. ESTACION vs. BERNARDO, et al. [G.R. No. 144723. February 27, 2006.]

The price of any lack of precaution exposes you to legal charges, having to pay damages or post bail or possibly imprisonment or all of the above. A separate civil case can be filed apart from criminal charges. So it is possible that you have to face litigation on two fronts. The worst would be having to face your own conscience, in case you took the life of another or disabled someone permanently.

Please note, however, that if there is only damage to property, the most you can get is a fine and damage, but no prison time. But when life and limb are affected, you do face imprisonment as well. Loss of liberty is something that cannot be easily measured as you can be taken away from your present life and family.

Drive (and act) carefully and safely. The lives you save may include your own.




[1] (NB: ARTICLE 9. Grave felonies, less grave felonies and light felonies. — Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with article 25 of this Code.xxx

ARTICLE 25. Penalties which may be imposed. — The penalties which may be imposed according to this Code, and their different classes, are those included in the following:

Scale

Principal Penalties

Capital punishment:

Death.

Afflictive penalties:

Reclusion perpetua,

Reclusion temporal,

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,

Prision mayor.

xxx

[2] An example is allowing a someone without a license to drive a vehicle.

[3] Reyes, The Revised Penal Code, Book II (1981), pp. 978-979.

[4] Ibid, p. 980.


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38 comments:

Ina said...

Sir,

Last Wednesday, November 6, I was involved in a vehicular accident. I was driving along Ortigas Extension, west-bound, near Ever Gotesco mall, when a motorcyle going east-bound hit the concrete barrier and then flew right to the driver's side of my car. Apparently, the driver and his passenger were drunk. I was on the right lane and driving at a minimal speed. The backride passenger died on the way to the hospital (police said the passenger wasnt wearing a helmet), and the driver was in critical condition. I was not in any way at fault. I was just there at the wrong place, at the wrong time. Even the police admits this. Yet I was charged with Reckless Imprudence resulting to damage of property, homicide and serious physical injuries. The families of the motorcyclist and the deceased passenger "momentarily" dropped the case but we were made to pay for the burial and the hospitalization. I say "momentarily" because as our lawyer explained, the Compromise Agreement we signed was just so I could go home. (forgot to mention I was detained at the police station the whole night)

It's been a week since the accident, but I still cannot fathom how unlucky I was and how stupid the law is. The police and our lawyer explained that even if I had no direct hand at the accident, kahit obviously nadamay lang ako, because the motorcyle touched my car last, then I was the suspect. It's so painful to accept that I did everything perfect that night -- i wore my glasses which was a requirement in my driver's license, i was wearing my seatbelt, i was driving slowly and carefully, yet because of someone else's carelessness, I got into big trouble.

I'm a single parent and all my savings were spent on a second hand car that is now wrecked due to the accident. I do not even have enough money to have it fixed. My family paid for the burial, and we are still waiting for the receipts from the hospitalization. To date, we have already spent 40,000 pesos for something that was not even 1% my fault.

The police and my lawyer also explained that I've had to be detained at the police station because someone died in the accident. How is it fair that because someone died, even if it was as clear as day that it wasn't my fault, I would be the one hanged?

This incident has truly been heartbreaking for my family. My daughter cried and cried the night of the accident, thinking that I would be jailed and that she would lose her one and only parent. I cannot even explain how painful that must be for her as it is for me. My financial status has been wrecked, like my car. The emotional trauma is just unexplainable. It feels like a never ending nightmare.

I've been thinking of writing someone, a senator, the president -- anyone who can look at this "last touch" law. I have no knowledge of the legal jargon and would not really know how to express what I want to happen, but someone must revise this law. It protects the motorcyclist and the deceased, but totally just trashes the "suspect". I would not wish this to happen to my worst enemy.

My apologies for this extremely long comment.

Ina

The Legally Inclined said...

Dear Reader:

We sympathize with your plight. And you are right, it may be SOP for the police to charge the nearest person available when it comes to accidents and there are injuries or fatalities, regardless of the circumstances. We hope that the authorities (and ordinary folk) should be regularly educated about the rights of the innocent - that during such incidences the authorities should either charge the suspect or let him/her go because if the suspect is jailed with no charges then that is illegal detention for which the authorities should be held liable.
We also encourage motorists to always have insurance coverage to cover monetary liabilities to third parties.
Sincerely,
TLI

Anonymous said...

You need not pay the expenses :)

nintuks said...

The investigators' finding that there is probable cause or reasonable basis that a crime of Reckless Imprudence resulting to Homicide, Serious Phys Injuries and Damage to property may have been committed by you is mere presumption.. A presumption that is rebuttable in the course of trial.

Instead of presenting your defense in court which could have absolved you from this baseless suit, upon your lawyer's advise, you opted to settle the case extrajudicially. Meaning, you waived your right to present your defense evidence... you waived your opportunity to tell the world what really transpired that horrible night.

Note to Author: RE: "if the suspect is jailed with no charges then that is illegal detention for which the authorities should be held liable" That would be Arbitrary Detention sir under Art. 124.

Anonymous said...

Sir, a case have been filed against me reckless imprudence resulting to property damage. The fiscal recommended for it to be in a full blown trial. I do not deny my obligation to have the car fixed but what i would want to know is what will most likely happen to this case? This concerns me because im thinking that the complainant might appeal and charge me the inconvenience caused. He is also demanding that he be reimbursed of the expenses incurred paying his lawyer, etc.... will i be obliged to pay all that? I dont have the necessary reaources to pay his extra claim...

The Legally Inclined said...

Hi Anonymous,
Since a case has been filed, you should already engage counsel for this purpose. The case can involve both civil and criminal liability. The civil aspect could include damages and attorney’s fees.
TLI

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Ilove Shopping said...

The same story what happened to be but the case was not the same. Accusing me for hit and run but the boy eventually sideswipes my van. Without my knowing and didnt heard any sound bcoz the bump happened at the near back of my lite ace van. Without notice ill kep on running unto the auto shop to fix my carb then the boy follow me and accusing me that he got hit and fall down on the pavement with his bike. He only got some bruises due to fall down. Since i am not aware about the accident i deny it. Now the case file on court of RTC for reckless imprudence resulting to slight physical injuries and abandon one victim. Since this only false accusation
the court accept the case with probable cause. How stupid the justice in the philippines their buying some stupid story without asking some affidavit from dependant before filling a case.

The Legally Inclined said...

Hi llove Shopping,
Unfortunately while we may sympathize we do not have the benefit of knowing all the facts and we cannot comment further on a matter that is already before the court. Hopefully, the truth will come out during the hearing and the decision will be fair.
Sincerely,
TLI

Hershey Yap said...

Hello. I was in an accident where i hit a man crossing while cars are on green.i was just in the right speed but unfortunately, he tried to beat the go signal and was hit. He suffered an injury where he will need to go through an operation lower leg bone was broken. He was also not walking on the pedestrian. While in the headquarters, we were asked to settle. We settled to pay medical expenses but unfortunately, the family was asking us to produce 110k same day as this is what the hospital gave them as the estimate expenses for the operation and i do not have that money. I have tpl insurance that may cover however they need receipts to file a claim. My family asked me to just let them file the case as it was the man's fault that he ran while the cars are on green. Advise pls

IgnorantNiece said...

My uncle was involved in a vehicular accident last Thursday, December 17. Like the story above, the rider went under the side of his truck and unknowingly ran him over. He did not hit and run. He is still detained in Manila Police District-Traffic Management Bureau in Port Area as of this posting. There is still no case filed against him, my aunt was told that they should wait until the victim's family completes the documents they need to file a case before she can bail my uncle out of jail.

Is this even legal? to be under custody of the bureau even if there is still no case filed?

please enlighten me. thank you in advance.

The Legally Inclined said...

IgnorantNiece,
It is at such times that we would earnestly advise that you get the services of legal counsel. Ordinarily, there are set periods within which an accused may be held without formal charges. Your lawyer would be able to advise you if this period has lapsed and if your uncle should be set free. The criminal charge of arbitrary detention may be leveled against those who detain a person without legal grounds.

Anonymous said...

Good day, my car was involved in a hit and run. I was able to trace the owner of the vehicle that bumped my car. I went to toyota and it was estimated that it will cost around 55000 for the repair. My car is insured. How much can i claim from the owner of the vehicle that bumped my car? Is it my right to claim the whole amount of 55000? Or just the owner's participation fee?

The Legally Inclined said...

Anonymous,
If your car has comprehensive insurance, your insurance company should take care of going after the perpetrator for the cost of damages. You should only be liable for your participation fee.​ However, you can try and recover this as well from the driver of the offending vehicle.​
Good luck!

The Legally Inclined said...

Hi Hershey Yap,
We advise you seek the services of counsel at this point. Please be aware that this may be the subject of a criminal and/or civil case, with the attendant problems that facing a litigation entails such as posting bail. However, if you believe that you are in the right, there appears to be no choice but to face this matter in court. Good luck!

Toxin said...

Good pm. I was involved in a vehicular accident. im driving my mothers car and is running at the southbound lane and a bus was having a stop over on the north bound side, when suddenly a 22 yo man suddenly crossed the street coming from the north bound side to southbound side. I only spotted him running at the back of the bus and also not on the pedestrian lane, he is half to a meter away from my car. As a reflex i stepped on the break and trying to avoid him i steered the wheel to the right side, unfortunately i ended up hitting him. He sustained fracture on his left leg and needed to be operated. I wanted to talk to the victim but his manager or boss dont want me, ialso asked if i can have the vctims number or his parents but they opted not to gve it to me. Instead they just want us to talk to them and settle with them. The expected cost of hospitalization was 60k, im negotiating if i can pay half of the bill because i dont have money and work, but they insisted of 40k. I went home after i was detained for 12hrs. I came back at police station and the boss changed their mind, and wanted me to pay the 60k. I ask them if i can have the number of vctims relatives so that i can negotiate with them but they dont want it. The boss decided to file a case against me. Is it possible that the employer can file against me and not the victims relatives? What is my chance in winning or losing the case? Tnx

The Legally Inclined said...

Hi Toxin,
We would advise that you secure the services of counsel at this stage. Normally and depending on the facts, an employer may not pursue a criminal case on behalf of an employee as it is the offended party who should do so. A party should be careful on offering settlements in criminal cases as this can be construed as an admission of guilt under the rules on evidence.

Anonymous said...

Good afternoon! I would be thankful for any legal opinion you may give me. The facts are as follows:

My cousin was driving a motorcycle at the early morning of January 7, 2016 when he did not notice a newly constructed humps along the barangay road. The vehicle crashed as a result which caused his untimely death.

The humps was constructed by a private person and this was not approved nor made known to the municipal/brgy authorities. The hump is colorless and no other signs of its presence.

The parents of the victim filed a complaint with the brgy council. the council conducted hearings six times but the defendant never appeared. It then recommended that the case be settled in the court.

what case/s may be filed againts the defendant?
if the defendant still fail to appear, what will be the consequences?

The Legally Inclined said...

Hi Anonymous,
Generally, non-appearance by the respondent would authorize the filing of a complaint or a case in court. In this case, the causes of action could range from a criminal case for reckless imprudence resulting in homicide to a civil case for damages based on fault or negligence. The civil complaint can be deemed instituted with the criminal case. We suggest you engage counsel on this as your lawyer will be able to present to you the options and the best way forward based on an appreciation of the facts and what can be proven before the court.
Good luck!

Anonymous said...

Hi!

My brother got an accident last January, 2016. My brother was on the right lane while the victim was on the wrong lane which caused vehicle collision for the two of them. Both of them does not have a license. The victim died, my brother was brought to the hospital and thank God his okey now. The families victim now filed a complaint against my bro for reckless imprudence resulting to homicide, I know driving w/out license is an offense, however knowing that the victim was on the wrong lane which cause the collision and he also does not have any license, will this help my brother's case and for him not to be put to jail? what are his options? Thank you

The Legally Inclined said...

Hi Anonymous,
​The lack of a license may be taken as a fact against him although being on the right lane is a possible defense ​. When proceedings have already been instituted, there is no substitute to securing the services of your own counsel. He can advise you on the best steps to take, from the practicability of discussing a settlement, getting bail, to the advisability of proving your defenses before the court. And he will be able to look out for your rights every step of the way.
Good luck!

Anonymous said...

If charged with simple imprudence resulting to damage to property, will that leave a record in the nbi clearance? Thanks!

The Legally Inclined said...

Anonymous,
Our understanding is that only cases filed in court would be reported to the NBI.

Anonymous said...

Hello,sir.Can I file charges against my husband who gave me a dreadful kind of STD?It's not curable.I'm devastated.He didnt told me he has this horrible thing.What charges should I file against him attorney?Thank you.

The Legally Inclined said...

Hello Anonymous,
This is very personal issue. You should discuss this closely with counsel as this would entail publicizing your condition. We are not aware of a local precedent for such a case but there have been cases in other jurisdictions where the intentional infliction of harm by passing a sexually transmitted disease has been actionable.
Good luck and take care.

Anonymous said...

Hi, i would like to seek some advise from what happen with me and my boyfriend. There was a police report filed. As per police report: "Initial investigation revealed that on the above mentioned time, date and place of occurence, all vehicles involved were heading towards the exit of the afore mentioned parking area wherein vehicle1 was ahead vehicle2 followed by vehicle3. Upon reaching certain point at the place of accident, the rear portion of vehicle2 was accidentally bumped/hit by vehicle3. Force of impact caused vehicle2 to move forward and bumped/hit to the rear portion of vehicle1. As a result vehicle1 incurred damages on its rear potion, vehicle2 incurred damages on its front and rear portion and vehicle3 incurred damages on its front portion."
We own the vehicle2. The driver of vehicle3 doesnt deny that it was her fault. She said that her sandals got stocked between her breaks and gas. She attempted to remove it causing her to accelerate and hit the rear part of my car and hit the car in front us. She said she'll pay for the damages of our car wherein both of our vehicles are insured. Im asking for the danyos perwisyo since i will not have a car for months since it was wrecked and certain process needs to be followed as per insurance policies which will take time. I initially asked for her to pay a rental car for me since we really need a service for work especially we work on a graveyard shift. She declined since it is expensive until i came up to just ask a monthly transpo allowance of 7k, considering that she might not afford the 15k monthly car rental. She is still insisting not to cooperate with this. I just hate the fact that i dont see anything wrong we made in that accident and its still us who is adjusting on her terms. What will be the best thing to do? I appreciate any response about this matter.

The Legally Inclined said...

Hi Anonymous,
In these cases, where a party is unwilling to engage in a settlement, one is faced with two choices, to accept the situation or to litigate in order to enforce your rights. From what you have written, it appears that your position has merit. If you to decide to pursue your claim, please engage the services of a reputable attorney to assist you. He can then advise you of the options available which can range from the filing of a civil case to a criminal one, or even both. It may even be that a formal demand which states the legal consequences of a refusal to comply might do the trick.
Good luck!

TiredTexting said...

Hello,
I would like to ask for your opinion regarding a hit and run accident. Our car was hit by a motorcycle last August. We got the plate number and traced the driver and summoned him for a meeting in the high patrol hq. The driver claims that it wasn't him that was driving the vehicle that day. We also found out that the last registration of the motorcycle was on 2012. Is it possible to compel the driver to shoulder the costs of our repairs even with his alibi?

The Legally Inclined said...

Hi TiredTexting,
Under the law, you do have a claim against the registered owner of the motorcycle. But it is an option to implead the driver in the case. Please consult your attorney. Good luck!

Anonymous said...

Hi,

Id like to seek assistance as i accidentally bumped into a pedestrian while turning left on a certain street. It was a go on my end and the pedestrian sign was a stop. He got bumped on my left bumper, and suffered a minor bruise dahil sa pagkakabangga at pagtumba niya. I didnt stop though dahil natakot akong makuyog and only returned to see if he was still there only to find out that he is already out. Upon inquiry on a bystander there i was informed that he was ok and that he talked to the traffic enforcer there at that time. I tries to talk to the enforcer but was unfortunate. I just went home afterwards without having to report the incident and to surrender myself. I dont wanna be imprisoned and dont wanna have criminal records but upon reading, that could be a criminal offense. A hit and run.
As such, may i humbly ask for your advice on the said matter to avoid imprisonment and/or criminal records.

Thanks in advance

Anonymous said...

Hi Sir,

Ask ko lang po what will happen after inquest proceeding? I got involved in a car accident where my car was hit by a motorcycle. Yung rider, tumilapon sa next lane and got ran over by a bus. The fiscal recommended reckless imprudence resulting to damage to property and homicide for the bus driver and I got "for further investigation due to lack of evidence".

May chance po ba magkaroon ng probable cause considering na ako ang victim and I have photos rin na possible nadulas yung rider sa buhangin sa kalsada and the motor odometer nag stop sa 100kph? We also have screenshots from Facebook na may nakakita na mabilis yung motor magpatakbo.

Thank you! Also, if Ina can still be notified, pwede ba tayong mag share ng experience? Parang same ksi halos tayo.

Badly need your advice said...

Good PM!

I was involved in a car accident last year. I admitted my fault to the police report and offered to cover the repair to its CASA since I have comprehensive insurance. The cost of the damage exceeded the limit and they ask for additional payment from me. I ask for a copy of LOA to validate that the excess is indeed part of accident related repair. The service provider admitted that some are PMS (personal). I ask for a little time for the involved party to wait while I validate the costing and suggested if they can have it cover with their insurance company and I will just pay their insurance. I just found out after awhile the the involved party paid for it in cash instead so they can use the car. the involved party even demanded that I pay for the car they rented while their vehicle is in CASA for 30 days. Is his claim valid? He even included gas consumption. Do I have a fight for this?

Badly need your advice.

The Legally Inclined said...

Badly need your advice,
This is a matter that you should take up with your insurer. Some comprehensive policies do include coverage even for such claims. While there may be basis to claim that as an injured party, these costs are a natural consequence of the accident, this is arguable. Since this will very likely ripen into a lawsuit, we suggest you consult counsel already at this stage. Good luck!

The Legally Inclined said...

Hi Anonymous (re the hit and run),

Sorry for the late reply.

This is something you should consider carefully with the benefit of legal counsel. If your vehicle can be traced to you, then there is a risk that a case will be filed. If there was no real injury, then there is the possibility that no complaint was filed and the risk of prosecution is nil. If a case was filed, then you would most likely receive notice and you can raise your defenses in that proceeding.

In such instances, it is always advisable to try and help the victim. If there is a risk to your person, then one should immediately proceed to the nearest authorities to report the incident.

The Legally Inclined said...

Hi Anonymous (re car hit by a motorcycle),

Probable cause will depend on the evidence the prosecution has. The evidence you mentioned seem helpful in your favor. Good luck!
We have no further contact with commenters so it will be up to them to reach out to you.

ckyrie said...

Pahelp naman po. Last month Feb 25, psahero ang tatay ko ng isang tricycle mga 7pm sa brgy namin. Nag-wild daw di umano ang sasakyan ng tga-samen at paulit-ulit binundol ang sinasakyan ng tatay ko dahil nag-atras abante daw ang sasakyan ayon sa mga nakakita. sa loob nakasakay ang tatay ko at sya lang ang pasahero. Nakaligtas ang driver ng tricycle pero grabeng injuries ang nakuha ng tatay ko at namatay sya. Ok naman ang usapan namin nung una dahil mababait kausap ang mga anak ng 70yr old driver ng Toyota BB na nakabangga. Willing sila sagutan ang lahat ng expenses sa hospital pero sa kasamaang palad namatay ang tatay ko. Kung nabuhay ang tatay ko, putol naman ang dalawang paa nya. Grabe ang sinapit nya. Mahirap lang po kami. Sinagutan nila lahat ng expenses sa burol hanggang sa mailibing. Dahil pareho kami ng brgy at uso samin ung "nagkakamukaan"..nagpasya kami na hindi na kami magdedemanda dahil malapit din naman sa tatay ko ang naka-aksidente. malinaw ang usapan namin na sa dahilang sila ang gumastos sa lahat "WAG NAMAN PO KAMING MAKAKARINIG SA PARTIDA NINYO NG KAHIT NA ANONG NEGATIBONG USAP LALO NA PAGDATING SA MGA NAGASTOS NYO DAHIL DI NAMAN KAYANG TAPATAN NG PERA NYO ANG BUHAY NG TATAY KO. PAG NAKARINIG PO KAMI NG KAHIT NA ANONG USAP, HINDI PO TAYO MATTAPOS". Sumang-ayon po sila. Hindi ren po ako nagdemand ng pera dahil gusto ko ay kusang-loob nila na tulungan ang nanay ko kung gusto nilang tulungan. Pero kung hindi eh hindi naman po ako magdedemand ng pera mula sa kanila. Kusang-loob naman nilang bnigyan ng 50k ang nanay ko. Magulong magulo pa po ang isip ko non. 47 ang tatay ko, walang sakit, malakas at tricycle driver din sya. Nung araw na nasa panotrayohan kami at ppirma na sana ako sa pag-uurong ng demanda, kausap ko ang asawa ng 70yr old driver at cnasabi ko na "Sabi nyo po hindi lasing-sabi nyo.. Sabi nyo po nag-wild sasakyan-sabi nyo.. lahat po ng pinagbasehan naten at pinaniwalaan namin ay puro sabi nyo lang" Gusto ko lang sabihin sa kanya na kami ang nagbigay ng pabor at hindi sila. Gusto ko sana makuha man lang ung report ng police, ano laga ang lumabas sa imbestigasyon, bago man lang ako pumirma.. Biglang sumabat ang 70yr old driver at cnabhan ako na manahimik daw ako at wag umusap. HUH???? GULAT NA GULAT AKO SA KANYA! Sya pa talaga nagsalita ng ganun? Nagalit ang asawa ko at nagduruhan clang dalawa. Hinamon ako ng matanda na "Magdemanda kayo kung gusto nyo!" Hindi ako pumirma sa letter of desistance. Pinaghahataw sya ng asawa nya at inaawat na wag kumibo at magakumbaba. Nag-file po ako ng case after non pero parang nawawalan po ako ng pag-asa dahil parang feeling ko nagkaron na kami ng settlement mula nung burol hanggang sa tumanngap ng 50k ang nanay ko. Hindi ko lang talaga matanggap na dahil lang mayaman sila eh grabe nama ang ipinakita nya na parang wala man lang syang nararamdaman kahit konting guilt sa pagkamatay ng tatay ko. Naghihintay pa po ako ng letter na manggagaling sa korte kaya hindi pa po kami ulit naghaharap, ano po ba ang pwde kong gawin pg nagharap na po kami sa fiscal? Maraming salamat po.

ckyrie said...

Pahelp naman po. Last month Feb 25, psahero ang tatay ko ng isang tricycle mga 7pm sa brgy namin. Nag-wild daw di umano ang sasakyan ng tga-samen at paulit-ulit binundol ang sinasakyan ng tatay ko dahil nag-atras abante daw ang sasakyan ayon sa mga nakakita. sa loob nakasakay ang tatay ko at sya lang ang pasahero. Nakaligtas ang driver ng tricycle pero grabeng injuries ang nakuha ng tatay ko at namatay sya. Ok naman ang usapan namin nung una dahil mababait kausap ang mga anak ng 70yr old driver ng Toyota BB na nakabangga. Willing sila sagutan ang lahat ng expenses sa hospital pero sa kasamaang palad namatay ang tatay ko. Kung nabuhay ang tatay ko, putol naman ang dalawang paa nya. Grabe ang sinapit nya. Mahirap lang po kami. Sinagutan nila lahat ng expenses sa burol hanggang sa mailibing. Dahil pareho kami ng brgy at uso samin ung "nagkakamukaan"..nagpasya kami na hindi na kami magdedemanda dahil malapit din naman sa tatay ko ang naka-aksidente. malinaw ang usapan namin na sa dahilang sila ang gumastos sa lahat "WAG NAMAN PO KAMING MAKAKARINIG SA PARTIDA NINYO NG KAHIT NA ANONG NEGATIBONG USAP LALO NA PAGDATING SA MGA NAGASTOS NYO DAHIL DI NAMAN KAYANG TAPATAN NG PERA NYO ANG BUHAY NG TATAY KO. PAG NAKARINIG PO KAMI NG KAHIT NA ANONG USAP, HINDI PO TAYO MATTAPOS". Sumang-ayon po sila. Hindi ren po ako nagdemand ng pera dahil gusto ko ay kusang-loob nila na tulungan ang nanay ko kung gusto nilang tulungan. Pero kung hindi eh hindi naman po ako magdedemand ng pera mula sa kanila. Kusang-loob naman nilang bnigyan ng 50k ang nanay ko. Magulong magulo pa po ang isip ko non. 47 ang tatay ko, walang sakit, malakas at tricycle driver din sya. Nung araw na nasa panotrayohan kami at ppirma na sana ako sa pag-uurong ng demanda, kausap ko ang asawa ng 70yr old driver at cnasabi ko na "Sabi nyo po hindi lasing-sabi nyo.. Sabi nyo po nag-wild sasakyan-sabi nyo.. lahat po ng pinagbasehan naten at pinaniwalaan namin ay puro sabi nyo lang" Gusto ko lang sabihin sa kanya na kami ang nagbigay ng pabor at hindi sila. Gusto ko sana makuha man lang ung report ng police, ano laga ang lumabas sa imbestigasyon, bago man lang ako pumirma.. Biglang sumabat ang 70yr old driver at cnabhan ako na manahimik daw ako at wag umusap. HUH???? GULAT NA GULAT AKO SA KANYA! Sya pa talaga nagsalita ng ganun? Nagalit ang asawa ko at nagduruhan clang dalawa. Hinamon ako ng matanda na "Magdemanda kayo kung gusto nyo!" Hindi ako pumirma sa letter of desistance. Pinaghahataw sya ng asawa nya at inaawat na wag kumibo at magakumbaba. Nag-file po ako ng case pero parang nawawalan po ako ng pag-asa dahil parang feeling ko nagkaron na kami ng settlement mula nung burol hanggang sa tumanngap ng 50k ang nanay ko. Hindi ko lang talaga matanggap na dahil lang mayaman sila eh grabe nama ang ipinakita nya na parang wala man lang syang nararamdaman kahit konting guilt sa pagkamatay ng tatay ko. Hindi pa po kami ulit naghaharap sa fiscal, ano po ba ang pwde kong gawin? Maraming salamat po.

The Legally Inclined said...

Hi ckyrie,

Kung pasya niyong ituloy ang kaso, maghanap na kayo ng abugadong makakatulong sa inyo. Kung di sapat ang kakayanan, may mga libreng abugado sa Office of Legal Aid sa U.P.

Ang pagtanggap ng tulong ay di nangangahulugang napawalang bisa na ang kaso, lalo na sa aspetong kriminal.

Good luck!