Filing a complaint at the Judicial Complex of Caloocan City Hall
My husband got involved in a vehicular accident in December 2015 when a motorcycle with three passengers hit the rear left side of our Mitsubishi Adventure causing damages to our vehicle. One of the passengers was seriously injured (broken left arm) but my husband did extend help by bringing the injured passenger to the hospital. To make the story short, we decided not to file a complaint to the reckless driver of the motorcycle because of their injury. But we were able to file a police report.
After one year and three months, we received a subpoena from the City Prosecutor's Office of Caloocan City on this incident as the respondent of case for reckless imprudence resulting to serious physical injury and damage to property. We were given one month to submit our counter-affidavit which was submitted during the first hearing of the case. The complainant, the injured passenger of the motorcycle, did not appear at the first hearing. The second hearing was scheduled a week after the first hearing. During the second hearing, the complainant appeared and submitted her reply to our counter. We cannot anymore submit our reply as the fiscal decided that case was already for resolution.
Upon consultation with a lawyer after the last hearing of the case, we were advised to file a similar case against the motorcycle driver for reckless imprudence resulting to damages to property. We prepared the complaint affidavit and the memorandum for preliminary investigation. The old/previous case was cited as a similar case in the memorandum for preliminary investigation in order to consolidate the two cases with similar/related facts. The lawyer even advised us to file a "motion for consolidation with motion to reopen" to make sure that the two cases will be consolidated and the the old case be reopened prior to the issuance of the resolution. But only the complaint and the memo for preliminary investigation were received by the staff of the Judicial Complex of the Caloocan City Hall as the motion was said to be redundant.
It was really fortunate that even though my husband attended to the injured passenger, we were still the one who first filed the police report. Why? Probably because the motorcycle driver cannot present his driver's license during the day of accident for reasons we do not know. The motorcycle driver surrendered his driver's license to the investigating officer two days after the accident. Unfortunately, because it was the first that my husband got involved in a vehicular accident, he was not able to take some photos during the accident. All we have are the copy of the police report and the pictures of the actual damages to our vehicle which is still left unrepaired. These two documentations are very important to know who is really at fault in a vehicular accident.
In order to file a case at the Caloocan City Judicial Complex, we prepared the following documents:
After one year and three months, we received a subpoena from the City Prosecutor's Office of Caloocan City on this incident as the respondent of case for reckless imprudence resulting to serious physical injury and damage to property. We were given one month to submit our counter-affidavit which was submitted during the first hearing of the case. The complainant, the injured passenger of the motorcycle, did not appear at the first hearing. The second hearing was scheduled a week after the first hearing. During the second hearing, the complainant appeared and submitted her reply to our counter. We cannot anymore submit our reply as the fiscal decided that case was already for resolution.
Upon consultation with a lawyer after the last hearing of the case, we were advised to file a similar case against the motorcycle driver for reckless imprudence resulting to damages to property. We prepared the complaint affidavit and the memorandum for preliminary investigation. The old/previous case was cited as a similar case in the memorandum for preliminary investigation in order to consolidate the two cases with similar/related facts. The lawyer even advised us to file a "motion for consolidation with motion to reopen" to make sure that the two cases will be consolidated and the the old case be reopened prior to the issuance of the resolution. But only the complaint and the memo for preliminary investigation were received by the staff of the Judicial Complex of the Caloocan City Hall as the motion was said to be redundant.
It was really fortunate that even though my husband attended to the injured passenger, we were still the one who first filed the police report. Why? Probably because the motorcycle driver cannot present his driver's license during the day of accident for reasons we do not know. The motorcycle driver surrendered his driver's license to the investigating officer two days after the accident. Unfortunately, because it was the first that my husband got involved in a vehicular accident, he was not able to take some photos during the accident. All we have are the copy of the police report and the pictures of the actual damages to our vehicle which is still left unrepaired. These two documentations are very important to know who is really at fault in a vehicular accident.
In order to file a case at the Caloocan City Judicial Complex, we prepared the following documents:
1. 9 copies of the affidavit of complaint
2. 9 copies of memo for preliminary investigation, and
3. 9 copies of the motion to consolidate cases (with motion to reopen).
I advise you to assert the filing of the motion to consolidate, if you are in the same situation as ours, to add clarity. Since the receiving staff did not accept our motion, we were informed that the case we filed was raffled to another prosecutor and was not assiged to the one handling the related case. So please make sure to have the motion received as well.
To date, we received a notice that the two cases are now consolidated and are now with the prosecutor who handled the first case. We are now waiting for the sub-poena for the case we filed.
Being in this situation is really frustrating. We are praying that it will soon end positively.
Comments