REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE CITY PROSECUTOR QUEZON CITY
Name of the Compla!a!t" Complainant " Complainant "
-versus-
Ca#e N$m%e& For: Reckless Imprudence Resulting in Damage to Property with Multiple Physical Injuries
Name of the Re#po!'e!t" Respondent. ()))))))))))))))))))))))))))))))))))))))))))))(
COUNTER)AFFIDA*IT
I, Name Name of the Re#po! Re#po!'e! 'e!t" t" Filipino, o legal age, with postal address at !!" #$%$ #$%$ Ruino &treet, 'ega(pi #illage, Makati )ity, ater *eing sworn in accordance with law, do here*y depose and state that:
!$ I am the respondent +hereater reerred to as +Re#po!'e!t +Re#po!'e!t in this case or alleged commission o the crime o Reckless Reckless Imprudence Resulting Resulting in Damage to Property Property with Multiple Physical Injuries under %rticle ./" o the Revised Penal )ode$
0$ 1he 1he comp compla lain intt is in con conne nect ctio ion n wit with h the the inju injuri ries es sus susta tain ined ed *y !ame of the ,ompla!a!t +he +herea eater re reerred red to as +Compla!a!t, +Compla!a!t, resulting resulting rom an accident that happened at around .:.2 am, on 3une !0, 02!", along 4ast %ve$, %ve$, 5ue(on )ity$
.$ 1he 1he comp compla lain inan antt ai aile led d to est esta* a*li lish sh all all the the ele eleme ment nts s o the the crimes o Reckless Imprudence as provided or *y %rticle ./" o the Revised Penal )ode$
2
STATEMENT OF FACTS 6$ 7n 3une !0, 02!", at around .:.2 in the morning, I was driving along 4ast %venue, 5ue(on )ity, headed towards 4D&%$
"$ %s I was approaching 8IR Road, I was surprised when the complainant suddenly appeared in ront o the vehicle that I am driving$ I have tried to stop the vehicle *ut it was already too late as the complainant was already in ront o me$
/$ 1he complainant slammed in my windshield as a result o the impact$
9$ I immediately *rought the complainant to 4ast %venue Medical )enter$
$ 8eore this case was iled, the complainant;s sister and I agreed that I will just take care o her medical e
The ,ompla!a!t fale' to e#ta%l#h all the eleme!t# of the ,&me of Re,-le## Imp&$'e!,e 'ef!e' $!'e& A&t,le ./0 of the RPC1
!2$ 1he complainant atally ailed to esta*lish all the elements o Reckless Imprudence as deined under %rticle ./"$ Reckless imprudence is deined as ollows: >%rt$ ./"$ Imprudence and negligence. ?
<<<
Re,-le## mp&$'e!,e ,o!##t# ! 2ol$!ta&l3" %$t 4tho$t mal,e" 'o!5 o& fal!5 to 'o a! a,t f&om 4h,h mate&al 'ama5e &e#$lt# %3 &ea#o! of !e(,$#a%le la,- of p&e,a$to! o! the pa&t of the pe&#o! pe&fo&m!5 o& fal!5 to pe&fo&m #$,h a,t, taking into consideration his employment or occupation, degree o intelligence,
3
physical condition and other regarding persons, time and place$ +4mphasis supplied
circumstances <<<
!!$ In Cruz vs. Court of Appeals1, the &upreme )ourt enumerated the elements o Reckless Imprudence, to wit:
>1he elements o reckless imprudence are: +! that the offe!'e& 'oe# o& fal# to 'o a! a,t6 +0 that the doing or the ailure to do that act is 2ol$!ta&3@ +. that it *e without malice@ +6 that material damage results rom the reckless imprudence@ and 708 that the&e # !e(,$#a%le la,- of p&e,a$to! on the part o the oender, taking into consideration his employment or occupation, degree o intelligence, physical condition, and other circumstances regarding persons, time and place$ +4mphasis supplied
!0$ In order or Reckless Imprudence Resulting in Damage to Property with Multiple Physical Injuries, it is essential that there must have *een an act that was done 4th !e(,$#a%le la,- of p&e,a$to!$
!.$ In the instant case, there was no inding that the I ailed to e
!6$ 1he act that she did not cross at the pedestrian lane is determinative o who is at ault or the injuries that she sustained$ 3udicial notice may *e taken that the designated area where a pedestrian may cross is the pedestrial lane$ 1he purpose o the said lane is to give warning or precaution to drivers that they have to *e o*servant o possi*le pedestrians crossing the said lane$ Cence, the complainant;s act o crossing the street outside the designated area was the very reason why she was hit *y the respondent$ 8esides, the greenlight was >on when I accidentally hit her$ 1
B$R$ Ao$ !0066", Aovem*er !, !==9 %nne< 0
2
4
!"$ It is also noteworthy that that there was no report that the I was overspeeding nor was violating any traic rules at the time the accident happened$ )omplainant;s claim in her &IAMP%%AB &%'%E&%E. that I am >rumaragasa” was just a sel-serving statement$ %dditionally, the term >rumaragasa is relative$ 1he vehicle might *e >rumaragasa or her *ut the truth is, I was driving within the speed limit$
!/$ From the a*ove discussion, it is clear that I did not lack precaution in driving my vehicle$ I was not overspeeding nor was violating any traic rules when I hit the complainant$ &he crossed the street while the greenlight is >on and clearly, she took the risk o crossing the street even though vehicles are lowing in 4ast %venue$
The e2'e!,e #$%mtte' 'oe# !ot meet the &e9$&e' 9$a!t$m of e2'e!,e %3 la4 to e#ta%l#h a p&ma fa,e ,a#e
!9$ In Paderanga vs Drilon 4 , the &upreme )ourt stated that >tGhe Huantum o evidence now reHuired in preliminary investigation is such evidence suicient to e!5e!'e& a 4ell fo$!'e' %elef a# to the fa,t of the ,omm##o! of a ,&me a!' the &e#po!'e!t:# p&o%a%le 5$lt the&eof $ % preliminary investigation is not the occasion or the ull and e
!$ In the instant case, what has just *een presented to this Conora*le 7ice is a 1R%FFI) %))ID4A1 R4P7R1 which did not provide any inormation that would show that I drove the car recklessly$ Cence, the e2'e!,e p&e#e!te' ,a!!ot e!5e!'e& a 4ell)fo$!'e' %elef that I '&o2e &e,-le##l3 a!' that I 4a# mp&$'e!t ! '&2!5 m3 2eh,le1
!=$ %lso, even assuming or the sake o argument *ut without admitting that I was >rumaragasa as claimed *y the complainant, her injuries cannot *e aulted to me as she crossed the street while the 3 4
%nne< . %tty$ Miguel P$ Paderanga vs Con$ Franklin M$ Drilon, B$R$ Ao$ =/22 %pril !=, !==!
5
greenlight is >on$ 1he complainant hersel also admitted that she was not in the designated area when she crossed the street$ )orollary, the injuries that she sustained can only *e attri*uted to the act that she crossed the street while the greenlight is >on and to the act that she did not cross the street at the proper pedestrian lane$
02$ From the avo*e discussion, I respectully su*mit that the only course open or this Conora*le 7ice is to dismiss the complaint against me, or the rule is that +4he! at the o$t#et the e2'e!,e ,a!!ot #$#ta! a p&ma fa,e ,a#e o& the e(#te!,e of p&o%a%le ,a$#e to fo&m a #$ff,e!t %elef a# to the 5$lt of the a,,$#e' ,a!!ot %e a#,e&ta!e'" the p&o#e,$to! m$#t 'e##t f&om !fl,t!5 o! a!3 pe&#o! the t&a$ma of 5o!5 th&o$5h a t&al1; 0 +4mphasis ours
0!$ Kith all the oregoing, it is respectully implored that this Conora*le 7ice orthwith dismiss the instant )omplaint or lack o actual and legal *asis$
00$ I have caused the e
IA KI1A4&& KC4R47F, I have hereunto set my hand this 0nd day o 7cto*er 02!" in 5ue(on )ity, Philippines$ LLLLLLLLLLLLLLLLLLLLLLLL Name of the Re#po!'e!t PROSECUTOR
&8&)RI84D and &K7RA to *eore me this 0nd day o 7cto*er 02!", in 5ue(on )ity$ I here*y certiy that I personally e
5
Rodolo &$ de 3esus vs Con$ &%ADIB%A8%E%A and 7FFI)4 7F 1C4 7M8D&M%A, B$R$ Aos$ !/6!// !/6!9.-2 7cto*er !9, 0229
