Reckless-damage to Property

Republic of the PhilippinesNational Prosecution Service

OFFICE OF THE PROVINCIAL PROSECUTORBalanga City

PEDRO BUHAYComplainant

-versus- IS No. 123456For Reckless Imprudence Resulting to Damage to

PropertyJUANCHO MAHUSAY Respondent.x-------------------------------x

COMPLAINT-AFFIDAVIT

I, PEDRO BUHAY, of legal age, single, and with postal and residence number at # 12 Primera St., Capunitan, Orion, Bataan, after having duly sworn in accordance with law, hereby depose and state that:

1. That on or about 11:00 PM of June 10, 2010, JUANCHO MAHUSAY were driving his Blue Honda CRV with plate number WXY-789 along Primera St., Orion, Bataan;

2. That due to reckless and very fast driving, he loses control of the vehicle and hit the gate of our garage damaging my Red Mazda 3 with plate number ABC-123 ;

3. That during the incident, it was proven that he was drunk beyond the legal limit;

4. That I am attaching the medical records in order to prove such fact that JUANCHO MAHUSAY was drunk and the police report of the Orion Municipal Police Station and pictures of the scene after the incident;

5. That the total amount of damage to my gate and my car amounts to Php. 500,000.00

6. That we voluntary executed this complaint for purposes of filing a criminal charges against JUANCHO MAHUSAY.

PEDRO BUHAY Affiants

SUBSCRIBED AND SWORN to before me this 11th day of June 2010 at City of Balanga.

BERTA KULAFU Assistant Provincial

Prosecutor






COUNTER AFFIDAVIT

I, JUANCHO MAHUSAY, of legal age, single, and with postal and residence number at #666, Villa Angeles, Orion, Bataan, after having duly sworn in accordance with law, hereby depose and state that:

1. I stands charge with the above-captioned case;2. It is true Honda CRV with plate number WXY-789 collided with

the gate of the house of a certain PEDRO BUHAY;3. That it was not true that I am drunk and was driving fast;4. That the truth of the matter is the gate of the house in front of

PEDRO BUHAY suddenly swung open and blocked the lane that I’m driving in;

5. That in order to avoid greater injury, I maneuvered the vehicle away but I was unlucky that I hit the gate of PEDRO BUHAY;

6. That, I am attaching the Sworn Affidavit of RIZA HONTEVEROS who was with me inside my car when the accident happened to prove the truth of the allegations herein;

7. That I am executing this affidavit to attest the veracity of facts mentioned above.

JUANCHO MAHUSAY Affiant

SUBSCRIBED AND SWORN to before me this 14th day of June 2010 at city of Balanga. I likewise certify that I examined the affiant and I

am satisfied that the foregoing is executed freely and she/he understood the same.

JULIO VALIENTEAssistant City Prosecutor






REPLY


1. That I received the Counter Affidavit of JUANCHO MAHUSAY dated June 14, 2010;

2. That it is not true that he is not drunk as can be proven by the medical certificate from the Bataan General Hospital who observed JUANCHO MAHUSAY after the accident;





Prosecutor






REJOINDER

I, JUANCHO MAHUSAY, of legal age, single, and with postal and residence number at #666, Villa Angeles, Orion, Bataan, after having duly sworn in accordance with law, hereby depose and state that:

1. That I received the Reply dated June 17, 2010 of PEDRO BUHAY;

2. That I am still contesting the results of the findings of the Bataan General Hospital that I am drunk beyond the legal limits when the alleged crime happened due to the technique used in the examination;

3. That I am attaching the Sworn Statement of DR. JOSE BONIFACIO of the Bataan General Hospital to prove that the system used to verify whether I am drunk beyond the legal limits is only 50% accurate;


JUANCHO MAHUSAY Affiant

SUBSCRIBED AND SWORN to before me this 21ST day of June 2010 at city of Balanga. I likewise certify that I examined the affiant and I am satisfied that the foregoing is executed freely and she/he understood the same.

JULIO VALIENTEAssistant City Prosecutor






SUR REJOINDER


1. That I received the Counter Affidavit of JUANCHO MAHUSAY dated June 21, 2010;

2. That while the findings of the Bataan General Hospital on whether JUANCHO MAHUSAY was drunk or not, the events that

transpired thereafter was still conclusive on the fact that he appears to be incoherent;

3. That I am attaching a Compact Disk containing video footage taken from my cellphone which will show the demeanor of JUANCHO MAHUSAY after the accident to support our thesis that he is indeed drunk;





Prosecutor






RESOLUTION

This resolves the complaint filed by PEDRO BUHAY against JUANCHO MAHUSAY for Reckless Imprudence Resulting to Damage to Property.

As culled from the records are the following facts:

Complainant averred that on or about 11:00 PM of June 10, 2010, JUANCHO MAHUSAY were driving his Blue Honda CRV with plate number WXY-789 along Primera St., Orion, Bataan. Because of the reckless and very fast driving of the Respondent, he loses control of the vehicle and hit the gate of their garage damaging my Red Mazda 3 with plate number ABC-123.

Complainant further alleges that during the incident, it was proven that Respondent was drunk beyond the legal limit via medical records from the Bataan General Hospital. The police report of the Orion Municipal Police Station and pictures of the scene after the incident was also presented by the Complainant. A video showing the demeanor of the Respondent after the accident was also presented.

Finally, the total amount of damage to the gate and car of the Complainant amounted to Php. 500,000.00

On his Counter affidavit, Respondent stated that he was not drunk and was driving fast. Respondent shifted the blame to the gate of the house in front of Complainant that suddenly swung open and blocked the lane that he is driving in.

The Sworn Affidavit of RIZA HONTEVEROS who was with the Respondent’s car when the accident happened was also presented to support his version of the story. Respondent even went further as to contest the method of the Bataan General Hospital in concluding that he is drunk beyond the legal limit by providing a sworn statement of DR. JOSE BONIFACIO.

Wherefore, after careful evaluation of the facts and evidence presented, it is respectfully recommended that JUANCHO MAHUSAY be indicted for the crime Reckless Imprudence Resulting to Damage to Property and the attached information be approved for filing in court.

July 05, 2010, Balanga City, Bataan.

JULIO VALENTE

Assistant Provincial ProsecutorApproved:

ROMAN RAPIDO Provincial Prosecutor

REPUBLIC OF THE PHILIPPINESTHIRD JUDICIAL REGION

REGIONAL TRIAL COURTBranch 3, Balanga City

PEOPLE OF THE PHILIPPINES, Plaintiff,

Versus Criminal Case No.345-2010 (NPS No.123456-2010) For: Reckless Imprudence Resulting to

Damage to PropertyJUANCHO MAHUSAY Accused.x-------------------------------------------x

INFORMATION

The undersigned Prosecutor accuses JUANCHO MAHUSAY of the crime of violation of RECKLESS IMPRUDENCE RESULTING TO DAMAGE TO PROPETY as per Article 263 in relation to Article 365 of the Revised Penal Code, committed as follows:

“That sometime on January 10, 2010, in the Municipality of Orion, and within the jurisdiction of this Honorable Court, above-named accused, JUANCHO MAHUSAY, then being the driver of Honda CRV with plate number WXY-789, willfully and negligently in driving the same while passing through the Primera St., Orion,Bataan, without due regard to the traffic laws, regulations and ordinances of the Municipality of Orion and without taking the necessary precautions to prevent the injury to person or damage to property, causing by such negligence, carelessness, and imprudence the said automobile to hit the gate of the house of PEDRO BUHAY damaging the same the his red Mazda 3 Car with plate number ABC-123.

CONTRARY TO LAW.

JULIO VALENTE

Assistant Provincial Prosecutor

This is to certify that I have conducted the Preliminary Investigation in the above-captioned case and that there is an existence Probable Cause that would engender a well-founded belief that the accused is guilty and may be held for trial.

JULIO VALENTE



SUBSCRIBED AND SWORN to before me this 13th day of July 2010 at city of Balanga, Province of Bataan.







MOTION FOR ISSUANCE OF AN ALIAS WARRANT OF ARREST

The undersigned peace officer and to this Honorable Court, respectfully

alleges:

1. This Honorable Court issued a warrant of arrest to the accused,

JUANCHO MAHUSAY, dated July 15, 2010 at # 666, Villa Angeles, Orion,

Bataan. Attached herewith is the copy of the warrant of arrest.

2. After the due execution by the Orion Police Station, the warrant of

arrest was not served to the accused because he was not found in the given

address. Attached herewith is the return slip and proof of service made by

PO1 Diego Forlan, dated July 16, 2010.

3. Thus, there is a necessity of placing the respondent under

immediate custody in order not to frustrate the ends of justice.

WHEREFORE, undersigned prays that after hearing and examination

of this motion, alias warrant of arrest be issued to bring the accused under

custody, pending completion of preliminary investigation.

JULIO VALENTE







MOTION TO REDUCE BAIL

Accused, through counsel, respectfully alleges:

1. That the accused has been charged with RECKLESS

IMPRUDENCE RESULTING TO DAMAGE TO PROPERTY and

that the bail for his provisional release has been set at

P50,000.00;

2. That the accused is the sole breadwinner in the family and his

father is in the hospital for five months now due to massive

complications of the heart that is why impossible for him to pay

the full amount of his bond and is therefore constrained to

request for a reduction of the amount of bail;

3. That it would be advantageous to everyone if he be given

temporary liberty thereby allowing him to continue with his

gainful employment and as head of the family with five (4)

dependents;

4. As such, accused appeals to the mercy and compassion of this

Honorable Court and respectfully requests that his bail be

reduced to P25,000.00.

WHEREFORE, accused respectfully prays that his bail be reduced to P

25,000.00. Other relief just and equitable are likewise prayed for.

20 July 201,Balanga City, Bataan.

ATTY. HIPOLITO ESCUBAR Counsel for the Accused

PTR No.897867; 1/17/10;Manila IBP No. 124356; 1/15/10;Manila Roll No. 49000 MCLE No. 10-009384029

Telephone No. (02)444-5555

NOTICE OF HEARING AND EXPLANATION

THE BRANCH CLERK OF COURTREGIONAL TRIAL COURTBranch 3, Balanga City

Greetings:

Please take notice that the foregoing Motion for Reduction of Bail

shall be submitted for the consideration and approval of the Honorable

Court on Friday, 25 July, 2010 at 10:00 a.m. or as soon as counsel and

matter may be heard.

Other party was served with this motion via registered mail due to

lack of man power, distance and impracticality of personal service.

ATTY. HIPOLITO ESCUBAR

COPY FURNISHED:

JULIO VALIENTEAsst. Provincial Prosecutor Provincial Prosecution Office – Balanga City, Bataan






MOTION FOR THE ISSUANCE OF A HOLD DEPARTURE ORDER

THE PROSECUTION, by the prosecutor, and to this Honorable Court,

alleges:

1. That the above-entitled case is set for pre-trial on August 4,

2010 at 9:00 a.m.;

2. That accused JUANCHO MAHUSAY, with intent to avoid

prosecution, is scheduled to Hong Kong on August 1, 2010 as

evidenced by a certification from Philippine Airlines dated July

25, 2010, copy of which is hereto attached as Annex “A” and

made integral part hereof;

3. That the corresponding air ticket for the said travel was

issued to Joshua De Guzman as evidenced by a copy of PAL

Official Receipt No. 14344, copy of which is hereto attached as

Annex “B” and made integral part hereof;

P R A Y E R

WHEREFORE, premises considered and in the interest of justice, it is

respectfully prayed unto this Honorable Court that Hold Departure Order

be issued.

Manila, Philippines, July 27, 2010.

JULIO VALIENTE Asst. Provincial Prosecutor



Greetings:



Court on 20 November, 2010 at 10:00 a.m. or as soon as counsel and matter

may be heard.




Copy Furnished:

ATTY. HIPOLITO ESCUBARUnit 69, M and M CondominiumBinondo, Manila






PRE-TRIAL BRIEF

THE PEOPLE OF THE PHILIPPINES, through the undersigned

Assistant Provincial Prosecutor, before this Honorable Court, most

respectfully submit this Pre-Trial Brief:

SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS

The following are the admitted facts:

1. The identity of the one charged in the information and that

of the person arraigned are one and the same;

2. The identity of PEDRO BUHAY, the complainant;

3. That JUANCHO MAHUSAY drove the car that caused

damaged to the gate and car of PEDRO BUHAY;

4. The date and places of the commission of the crime.

EVIDENCE FOR MARKINGS

1. Affidavit of the Complainant: Purpose: To show that the Accused was the

one who drove the case to the gate of their house and caused damaged to

the car of the Complainant;

2. Affidavit of PO1 Martin de Guzman: Purpose: as the investigator who

arrived on the scene, to corroborate the testimony of the Complainant,

particularly the fact that the Accused was drunk;

3.Affidavit of Dr. Teresita Mancoba: Purpose: to solidify and attest the

medical certificate she issued that proves that the Accused was drunk

beyond the legal limit during the time of the incident;

3. Affidavit of the accused: Purpose: to corroborate the testimonies of the

complainant;

I S S U E

Whether or not the accused committed the crime charged;

W I T N E S S E S

1. Complainant: to testify that the Accused was the one who drove the case

to the gate of their house and caused damaged to the car and gate of the his

house.

2. Po1 Martin de Guzman: to corroborate the testimony of the Complainant,

particularly the fact that the Accused was drunk.

3.Dr. Teresita Mancoba: to to corroborate the testimony of the Complainant,

particularly the fact that the Accused was drunk and to attest that the

medical certificate proving the same is in order.

TRIAL DATES

Specifically all Wednesday of the month, with the regular appearance

of the undersigned Prosecutors before this Honorable Court.

Respectfully submitted. July 29, 2010, Balanga City, Bataan.


Copy Furnished:







FORMAL OFFER OF EVIDENCE

Comes Now, the People, through the undersigned Prosecutor, and to

this Honorable Court, most respectfully submits the following Formal Offer

of Evidence;

EXHIBIT PURPOSE

“A” Affidavit of Complainant: to testify that

the Accused was the one who drove the

case to the gate of their house and

caused damaged to the car and gate of

the his house.

“B” Affidavit of Po1 Martin de Guzman: to

corroborate the testimony of the

Complainant, particularly the fact that

the Accused was drunk.

“C” Affidavit of Dr.Teresita Mancoba:

to corroborate the testimony of the

Complainant particularly the fact that

the Accused was drunk and to attest that

the medical certificate proving the same

is in order.

“D” Police Report of the Orion Municipal

Police Station to corroborate the events

that transpired.

“E” Medical Certification from the Bataan

General Hospital to prove that Accused

was drunk beyond the legal limit.

.

With the foregoing documentary and object evidences as well as the

testimonies of the witnesses, Prosecution hereby rests its case.

PRAYER

WHEREFORE, all the foregoing considered, it is respectfully prayed

for of this Honorable Court that this Formal Offer of Evidence be admitted,

duly noted and

made of record.

Such further and other reliefs just and equitable under the premises

are likewise prayed for.

Balanga City, Bataan, 10 November 2010.

JULIO VALIENTEAsst. Provincial Prosecutor

Copy Furnished:





Versus Criminal Case No.345-2010

(NPS No.123456-2010) For: Reckless Imprudence Resulting to


MOTION FOR LEAVE OF COURT TO FILE DEMURRER TO EVIDENCE

Accused JUANCHO MAHUSAY, by the undersigned counsel and unto

this Honorable Court, most respectfully states:

1. The prosecution rested its case on November 10, 2010, and

accordingly the accused has five days therefrom to file the

instant motion.

2. The accused moves that he be given leave of court to file a

demurrer to evidence on the following grounds:

a. The evidence presented by the prosecution is

insufficient to convict the accused

b. The prosecution’s evidence, even if true, states the

crime charged was not committed; and

c. The applicable law and jurisprudence support the

foregoing conclusions.

P R A Y E R

WHEREFORE, the accused prays that he be given leave to file a

demurrer to evidence within 10 days from notice.

City of Manila for Balanga City, Philippines, November 14, 2010.

ATTY. HIPOLITO ESCUBAR Counsel for the Accused

PTR No.897867; 1/17/10;Manila IBP No. 124356; 1/15/10;Manila

Roll No. 49000 MCLE No. 10-009384029

Telephone No. (02)444-5555



Greetings:



Court on 20 November, 2010 at 10:00 a.m. or as soon as counsel and matter

may be heard.



ATTY. HIPOLITO ESCUBAR

COPY FURNISHED:

JULIO VALIENTEAsst. Provincial Prosecutor Provincial Prosecution Office – Balanga City, Bataan

Documents

Reckless-damage to Property