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A Car Crushed Into 4 Tricycle, Motorcycle and A Pedicab


A Car driven by Rene Afable, a resident of Pasig City, crashed
into several tricycles, a motorcycle and a pedicab.


As a result of the incident, 5 persons were injured.


SPO1 Rabindranatgn Sierra, Chief investigator of the Quezon City
Police Office (QCPD) Traffic Sector 2 said that The Driver of the
offending vehicle drunk yesterday.


The Driver has a hangover when he drove his car today. This is the
reason why he was found negative of alcohol when he was examined.


The Offending driver said he will help the injured  pay their
medical bills.


The Police said that the driver may be held liable for Reckless
Imprudence Resulting In Multiple Physical Injuries and Damage
To Property.


Under Philippine Criminal law, The following are the elements
of Reckless Imprudence:

1. That the offender does or fails to do an act
2. That the doing of or the failure to do that act is voluntary
3. That it be without malice
4. That material damage results and
5. That there is inexcusable lack of precaution on the part of
   the offender, taking into consideration
   a. his employment or occupation,
   b. degree of intelligence, physical condition and
   c. other circumstances regarding persons,time and place


Remember:


Abandoning one’s victim is usually punishable under Art. 275.
This crime has a penalty of Arresto Mayor. The duration of the
penalty of arresto mayor shall be from one month and one day to
six months.


Imprudence or Negligence is not a crime in itself, but simply a
way of committing a crime.


Contributory negligence of offended party (victim) is not a
defense but only mitigates criminal liability.


Violation of a rule or regulation or law is proof of negligence.


Emergency Rule (as a defense)
One who suddenly finds himself in a place of danger and is
required to act without time to consider the best means that may
be adopted to avoid the impending danger is not guilty of
negligence, if he fails to adopt what subsequently and upon
reflection may appear to have been a better method.
        UNLESS the emergency in which he finds himself is
        brought about by his own negligence.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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