Atty. JAMES CORWIN S. CUSTODIO

LEGAL DOCUMENTSEFFECTS AND ITS CONSEQUENCE

INVOLVE IN AN ACCIDENT:

•ADMINISTRATIVE CASE (LTO or LTFRB)

•CRIMINAL CASE

•CIVIL CASE

• LABOR CASE

ADMINISTRATIVE CASE

• LTO (SHOW CAUSE/ VERIFIED ANSWER)

Secretary’s Certificate Verification and Certification Affidavits OR/ CR Driver’s License Certificates (MMDA, DOTC, Drugs etc.) Police Report (if applicable)

• LTFRB (SHOW CAUSE/ VERIFIED ANSWER)

Secretary’s Certificate Verification and Certification Affidavits OR/ CR Driver’s License Certificates (MMDA, DOTC, Drugs etc.) Police Report (if applicable)

CRIMINAL CASE

1st Scenario (Accused/ Respondent)

•Driver has a pending ARREST WARRANT

Determine the Amount of the Recommended Bail

Pay the Bail Bond MOTION TO REDUCE BAIL

Affidavit of Undertaking Residence Sketch Mug shot (Passport Size) “No Objection” from the Prosecutor

•Driver was IMPRISONED

Determine the Amount of the Recommended Bail

Pay the Bail Bond MOTION TO REDUCE BAIL

Certificate of Detention Affidavit of Undertaking Barangay Clearance Residence Sketch Mug shot (Passport Size) “No Objection” from the Prosecutor

•Bus unit was IMPOUNDED

Determine first:

Prosecutor’s Office; or Court

MOTION TO RELEASE IMPOUNDED VEHICLE

Police Report Secretary’s Certificate Affidavit of Undertaking OR/ CR of the Bus unit Picture of the Bus unit “No Objection” from the Prosecutor

2nd Scenario (Complainant)

Secretary’s Certificate Verification and Certification Police Report Pictures (if necessary) Estimate Cost of Damage (if necessary) Medical Certificates (if necessary) Affidavits (if necessary)

CIVIL CASE

PLAINTIFF

DEFENDANT

Secretary’s Certificate Verification and Certification Other Pertinent Documents

LABOR CASE

Secretary’s Certificate

Verification and Certification

Other Pertinent Documents

SECRETARY’S CERTIFICATE

A document that is signed by the CORPORATE SECRETARY that states that the Board of Directors has voted to delegate authority to a specific individual or group.

USUAL CONTENTS:

Provisions on what specific authority is delegated and for what particular case the authority should be used;

Provisions on power to mediate;

Other matters; and

Provision regarding the period of effectivity

VERIFICATION

Intended to ASSURE that the allegations in the pleading have been prepared in good faith or are true and correct, not mere speculations.

CERTIFICATION AGAINSTNON-FORUM SHOPPING

ASSURANCE given to the court or other tribunal that there are no other pending cases involving basically the same parties, issues and causes of action.

AFFIDAVIT

Is a WRITTEN SWORN STATEMENT OF FACTS voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law.

AMICABLE SETTLEMENT?

• AFFIDAVIT OF DESISTANCE

• RELEASE, WAIVER AND QUIT CLAIM

• COMPROMISE AGREEMENT

AFFIDAVIT OF DESISTANCE

Usually made in CRIMINAL CASE

Treated with CAUTION

RELEASE, WAIVER AND QUITCLAIM

Usually made in CIVIL and LABOR CASES

CONTRACT between the Parties

Must not be contrary to LAW, MORALS, GOOD CUSTOMS, PUBLIC ORDER or PUBLIC POLICY

USUAL CONTENTS:

Acknowledgment of receipt of PAYMENT;

WAIVER of any and all actions of whatever nature;

Provision on not instituting any action or withdrawal of the same if pending;

Provision that execution of such instrument is NOT AN ADMISSION OF FAULT;

COMPROMISE AGREEMENT

Usually made in CIVIL and LABOR CASES

CONTRACT between the Parties

Must not be contrary to LAW, MORALS, GOOD CUSTOMS, PUBLIC ORDER or PUBLIC POLICY

EXECUTION, CONTEMPT

E N DFEBRUARY 28, 2014