Do I have violation?

**Miles_on** · March 23rd, 2022 02:19 PM

Originally Posted by Ry_Tower

Gagawa report yung police at endorse ng barangay na hindi na-settle. Yun pwede na kasuhan for civil claims.

Mahirap if criminal case ikakaso mo, proof beyond reasonable doubt tandaan mo nag kelangan mo. Sabihin lang ng driver na hindi niya intensyun yun at nagkamali lang estimate, tapos na criminal case mo. Civil case talaga of quasi-delict or torts para sure win ka.

Comment lang.

Yung certification from the barangay, pro forma lang yun, because the parties are not likely to be from the same brgy. unit, unless of course, they voluntarily agree to settle their differences there - IMO, treated as a contract witnessed by LGU officers.

Yes, I agree, napakataas ng burden of proof for a criminal case, and it doesn't shift like burden of evidence. But for those active in litigation, usually, ginagamit yung filing of criminal charges along with the tort claim for "leverage", even though in most cases, pwedeng ma dismiss because of the high standard required. Yeah its abuse of process but... as we know, tinatawanan lang ang civil cases dito sa `Pinas (for these kind of people) because... wala talaga pambayad and no provisional remedies available kasi walang property (gastos ka pa for bond if meron) to ensure there is something to execute on.

Vicarious liability? The employer might (might) get away with saying "I executed due diligence in selecting & hiring, as well as monitoring the work of my employee. What happened was an error and accident ng employee ko and beyond my control... also, I'm only a private carrier.

Like Doc d would often say... `La lang.

**Ry_Tower** · March 23rd, 2022 11:12 PM

Originally Posted by Miles_on

Comment lang.

Yung certification from the barangay, pro forma lang yun, because the parties are not likely to be from the same brgy. unit, unless of course, they voluntarily agree to settle their differences there - IMO, treated as a contract witnessed by LGU officers.

Yes, I agree, napakataas ng burden of proof for a criminal case, and it doesn't shift like burden of evidence. But for those active in litigation, usually, ginagamit yung filing of criminal charges along with the tort claim for "leverage", even though in most cases, pwedeng ma dismiss because of the high standard required. Yeah its abuse of process but... as we know, tinatawanan lang ang civil cases dito sa `Pinas (for these kind of people) because... wala talaga pambayad and no provisional remedies available kasi walang property (gastos ka pa for bond if meron) to ensure there is something to execute on.

Vicarious liability? The employer might (might) get away with saying "I executed due diligence in selecting & hiring, as well as monitoring the work of my employee. What happened was an error and accident ng employee ko and beyond my control... also, I'm only a private carrier.

Like Doc d would often say... `La lang.

Yung defense na diligence of a good father of a family mahirap patunayan yan. Mas strict ang courts natin if iraise mo sa defense yan to avoid liability due to allocation of risk principle. Ang may kayang negosyante, mas kaya ang expense at risk ng accidents from his business especially if vehicles are involved.

Kaya malaki chance mo manalo relying on respondeat superior principle.

Sent from my SM-N960F using Tsikot Forums mobile app

**victorevolution** · March 24th, 2022 10:21 AM

Originally Posted by ice15

ilan ang pending complaints mo right now?

My post is based on experience... we do not let these small things go.

as I posted in another thread... after every car accident, ask the police to take you to the nearest hospital for a medical report (neck pains)

walang kulong ang destruction of private property... physical injury, meron

ha? walang kulong... may I divert your attention to the RPC:
1. reckless imprudence resulting: damage to property;
2. malicious mischief; and
3. arson

are crimes against properties that carries a penalty of imprisonment (arson ang malala)- baka ibig mong sabihin ay nag apply sila ng probation WHICH is different sa HINDI KULONG scenario mo.

yan problem, experience is not the law, nor common sense is not legal sense per se. Iba ang facts na nagyari sayo iba ang nangyari dito.

I just gave everyone here the best scenario kung anong gawin pag may traffic mishap.

ALSO barangay concilation will only hold true if magka barangay kayo or adjacent barangay.

**Miles_on** · March 24th, 2022 01:31 PM

Originally Posted by Ry_Tower

Kaya malaki chance mo manalo relying on respondeat superior principle.

Yes, I agree that your best bet would be running after the employer. Its the court that will appreciate the facts & decide whether to render judgment in your favor, it depends talaga.

All I'm saying lang is may possible lusot yung employer.

And in a real world actual practice scenario... may judgment award na nga, may "tawaran" pa in enforcement (yes it happens) notwithstanding pwedeng mag R71.

Originally Posted by victorevolution

ALSO barangay concilation will only hold true if magka barangay kayo or adjacent barangay.

Yes, that's what I said. However, there's nothing stopping the parties from settling their differences either by themselves, or before a mediator of their choice (brgy. officials, kahit na di nila or hindi sila ka-barangay). Effect is parang magiging witnesses dun yung brgy. officials. Not on the same level as a contract made a public document, but for whatever its worth...

**ice15** · March 24th, 2022 01:57 PM

Originally Posted by victorevolution

ha? walang kulong... may I divert your attention to the RPC:
1. reckless imprudence resulting: damage to property;
2. malicious mischief; and
3. arson

are crimes against properties that carries a penalty of imprisonment (arson ang malala)- baka ibig mong sabihin ay nag apply sila ng probation WHICH is different sa HINDI KULONG scenario mo.

yan problem, experience is not the law, nor common sense is not legal sense per se. Iba ang facts na nagyari sayo iba ang nangyari dito.

I just gave everyone here the best scenario kung anong gawin pag may traffic mishap.

ALSO barangay concilation will only hold true if magka barangay kayo or adjacent barangay.

so ilan na napakulong mo who damaged your car?

me (experience), everyone na sinigawan ako/kami after the accident (4 wheels and above)... detained sila lahat until they post bail when prosecutor's office opens... the next working day

**Miles_on** · March 24th, 2022 02:01 PM

Originally Posted by ice15

so ilan na napakulong mo who damaged your car?

Good question...

**ray_noel** · March 24th, 2022 02:18 PM

Originally Posted by ice15

(sana may kaibigan/kamag anak kang lawyer kasi my lawyer charges 85K - acceptance fee)

company will point at the driver, and yes that's correct since sya nag drive. also the reason why some people who can afford it prefer to be driven (than drive their own car). anything happens, they walk away.

your lawyer will use the driver's address based on his driver's license (or police report).

if you're lucky that the driver still lives there, he will receive the subpoena. if he moved house na which will be recommended by his boss, he will not receive the subpoena and your case will be left pending.

only way you'll see him again is if your lawyer placed a hold departure order, just incase magtravel aboard si driver.

later, since hindi mo na mahihintay yung case, you will fix the car on your own.

once the judge sees that the car has been fixed na, high likely he will just dismiss the case since "ano pa gusto mong habulin?"

pero I agree, demanda ka pa din. 85K on your side to make the company think twice before they hire another incompetent staff. it will be enough to make them loose sleep for a couple of days. if you're lucky, they'll fire the driver

may ilan na din akong naka pending na demanda just to inform the other party na di lahat ng tao will just let the incident go... every now and then nag follow up din ako sa lawyer ko (Mr. 85K + 5K for every appearance) para lang mapuyat sila paminsan minsan.

***

I grew up with my family na nasa PUV business. di ko na mabibilang times na involved mga driver namin sa accident
I've been driving so long na din and madami na akong accident + demandahan stories

why do I spend 85K on my lawyer... me and my wife believes its a message to the other party na di lahat ng tao palulusutin ka kasi "wala kang pambayad"

Bruh, in all you accident na nagdemanda ka… is it worthy? Sana yung mga dinemanda mo yung mga may kaya or company owners… kawawa kasi yun if mga jeepney driver ang hanapbuhay….

Sent from my iPhone using Tapatalk

**ice15** · March 24th, 2022 02:34 PM

Originally Posted by ray_noel

Bruh, in all you accident na nagdemanda ka… is it worthy?

yes... made me feel better... may price ba yun?

sa totoo lang, wala akong napala sa kanila

si Atty lang masaya. pero as I said... alam kong napuyat din sila so kahit papano, next time mag-i-isip-isip sila before taking that risk

**Ry_Tower** · March 24th, 2022 02:39 PM

Originally Posted by Miles_on

Yes, I agree that your best bet would be running after the employer. Its the court that will appreciate the facts & decide whether to render judgment in your favor, it depends talaga.

All I'm saying lang is may possible lusot yung employer.

And in a real world actual practice scenario... may judgment award na nga, may "tawaran" pa in enforcement (yes it happens) notwithstanding pwedeng mag R71.

Yes, that's what I said. However, there's nothing stopping the parties from settling their differences either by themselves, or before a mediator of their choice (brgy. officials, kahit na di nila or hindi sila ka-barangay). Effect is parang magiging witnesses dun yung brgy. officials. Not on the same level as a contract made a public document, but for whatever its worth...

Yup, usual practice kasi sa brgy na nangyyung accident na lang pinaghaharap ng pulis para mas mabilis lalo na kung on the spot willing mag-usap na agad. Whatever mapagkasunduan kasi is binding and a very good proof of compromise.

Hirap na baligtarin pa yan if iakyat pa sa courts.

Sent from my SM-N960F using Tsikot Forums mobile app