Reckless Damage To Property

Republic of the Philippines
National Prosecution Service

OFFICE OF THE PROVINCIAL PROSECUTOR
Balanga City
PEDRO BUHAY
Complainant
-versus- IS No. 123456

For Reckless Imprudence
Resulting to Damage to Property
JUANCHO 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
Balanga City
PEDRO BUHAY
Complainant

JUANCHO MAHUSAY
Respondent.
x-------------------------------x
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 VALIENTE
Assistant City Prosecutor
Balanga City
PEDRO BUHAY
Complainant

JUANCHO MAHUSAY
Respondent.
x-------------------------------x
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;
above.
PEDRO BUHAY
Affiants
Balanga.
BERTA KULAFU
Balanga City
PEDRO BUHAY
Complainant

JUANCHO MAHUSAY
Respondent.
x-------------------------------x
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;
above.
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 VALIENTE
Assistant City Prosecutor
Balanga City
PEDRO BUHAY
Complainant

JUANCHO MAHUSAY
Respondent.
x-------------------------------x
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;
above.
PEDRO BUHAY
Affiants
Balanga.
BERTA KULAFU
Balanga City
PEDRO BUHAY
Complainant

JUANCHO MAHUSAY
Respondent.
x-------------------------------x
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
Approved:
ROMAN RAPIDO
Provincial Prosecutor
REPUBLIC OF THE PHILIPPINES
THIRD JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 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 Property
JUANCHO 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
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
ROMAN RAPIDO
SUBSCRIBED AND SWORN to before me this 13th day of July 2010 at city of
Balanga, Province of Bataan.
ROMAN RAPIDO

Plaintiff,

(NPS No.123456-2010)
Damage to Property
JUANCHO MAHUSAY
Accused.
x-------------------------------------------x
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


Plaintiff,

(NPS No.123456-2010)
Damage to Property
JUANCHO MAHUSAY
Accused.
x-------------------------------------------x
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 COURT

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.
COPY FURNISHED:
JULIO VALIENTE
Asst. Provincial Prosecutor
Provincial Prosecution Office – Balanga City, Bataan

Plaintiff,

(NPS No.123456-2010)
Damage to Property
JUANCHO MAHUSAY
Accused.
x-------------------------------------------x
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;
PRAYER
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

Greetings:
submitted for the consideration and approval of the Honorable Court on 20 November,
JULIO VALIENTE
Copy Furnished:

Unit 69, M and M Condominium
Binondo, Manila

Plaintiff,

(NPS No.123456-2010)
Damage to Property
JUANCHO MAHUSAY
Accused.
x-------------------------------------------x
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.
JULIO VALIENTE
Copy Furnished:

Binondo, Manila

Plaintiff,

(NPS No.123456-2010)
Damage to Property
JUANCHO MAHUSAY
Accused.
x-------------------------------------------x
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 VALIENTE
Copy Furnished:

Binondo, Manila

Plaintiff,

(NPS No.123456-2010)
Damage to Property
JUANCHO MAHUSAY
Accused.
x-------------------------------------------x
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.
PRAYER
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.

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:
submitted for the consideration and approval of the Honorable Court on 20 November,
COPY FURNISHED:
JULIO VALIENTE
Provincial Prosecution Office – Balanga City, Bataan

Reckless Damage To Property

Uploaded by

Copyright:

Available Formats

Reckless Damage To Property

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Reckless Damage To Property

Uploaded by

Copyright:

Available Formats

Republic of the Philippines

National Prosecution Service

-versus- IS No. 123456

1. That on or about 11:00 PM of June 10, 2010, JUANCHO MAHUSAY were

-versus- IS No. 123456

I, JUANCHO MAHUSAY, of legal age, single, and with postal and

1. I stands charge with the above-captioned case;

-versus- IS No. 123456

1. That I received the Counter Affidavit of JUANCHO MAHUSAY dated June

-versus- IS No. 123456

I, JUANCHO MAHUSAY, of legal age, single, and with postal and

-versus- IS No. 123456

1. That I received the Counter Affidavit of JUANCHO MAHUSAY dated June

-versus- IS No. 123456

This resolves the complaint filed by PEDRO BUHAY against JUANCHO

As culled from the records are the following facts:

Complainant averred that on or about 11:00 PM of June 10, 2010, JUANCHO

July 05, 2010, Balanga City, Bataan.

PEOPLE OF THE PHILIPPINES,

Versus Criminal Case No.345-2010

The undersigned Prosecutor accuses JUANCHO MAHUSAY of the

“That sometime on January 10, 2010, in the Municipality of Orion, and

PEOPLE OF THE PHILIPPINES,

Versus Criminal Case No.345-2010

MOTION FOR ISSUANCE OF AN ALIAS WARRANT OF ARREST

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

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

WHEREFORE, undersigned prays that after hearing and examination of this

REPUBLIC OF THE PHILIPPINES

PEOPLE OF THE PHILIPPINES,

Versus Criminal Case No.345-2010

MOTION TO REDUCE BAIL

Accused, through counsel, respectfully alleges:

1. That the accused has been charged with RECKLESS IMPRUDENCE

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

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

20 July 201,Balanga City, Bataan.

ATTY. HIPOLITO ESCUBAR

NOTICE OF HEARING AND EXPLANATION

THE BRANCH CLERK OF COURT

ATTY. HIPOLITO ESCUBAR

PEOPLE OF THE PHILIPPINES,

Versus Criminal Case No.345-2010

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

2. That accused JUANCHO MAHUSAY, with intent to avoid

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

Manila, Philippines, July 27, 2010.

NOTICE OF HEARING AND EXPLANATION

THE BRANCH CLERK OF COURT

ATTY. HIPOLITO ESCUBAR

PEOPLE OF THE PHILIPPINES,

Versus Criminal Case No.345-2010

THE PEOPLE OF THE PHILIPPINES, through the undersigned Assistant

SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF

The following are the admitted facts:

2. The identity of PEDRO BUHAY, the complainant;