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    Resolution Reckless-Imprudence Final

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    Keangela Louise
    The prosecutor recommends charging Nicson Abellon Babawen with reckless imprudence resulting in damage to property. According to the affidavit, Babawen's vehicle bumped Leo Gamsawen Agpad's vehicle from behind, causing PHP 61,000 in damages. Babawen and the owner of his vehicle agreed to pay for repairs but later refused. As Babawen did not submit a counter-affidavit, the prosecutor resolved to charge him based on Agpad's evidence that Babawen negligently hit his vehicle without caution. The prosecutor recommends prosecuting Babawen for reckless imprudence resulting in damage to property under the revised penal code.

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    Resolution Reckless-Imprudence Final

    Uploaded by

    Keangela Louise
    1K views3 pages
    The prosecutor recommends charging Nicson Abellon Babawen with reckless imprudence resulting in damage to property. According to the affidavit, Babawen's vehicle bumped Leo Gamsawen Agpad's vehicle from behind, causing PHP 61,000 in damages. Babawen and the owner of his vehicle agreed to pay for repairs but later refused. As Babawen did not submit a counter-affidavit, the prosecutor resolved to charge him based on Agpad's evidence that Babawen negligently hit his vehicle without caution. The prosecutor recommends prosecuting Babawen for reckless imprudence resulting in damage to property under the revised penal code.

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    The prosecutor recommends charging Nicson Abellon Babawen with reckless imprudence resulting in damage to property. According to the affidavit, Babawen's vehicle bumped Leo Gamsawen Agpad's vehicle from behind, causing PHP 61,000 in damages. Babawen and the owner of his vehicle agreed to pay for repairs but later refused. As Babawen did not submit a counter-affidavit, the prosecutor resolved to charge him based on Agpad's evidence that Babawen negligently hit his vehicle without caution. The prosecutor recommends prosecuting Babawen for reckless imprudence resulting in damage to property under the revised penal code.

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    Download as docx, pdf, or txt
    1K views3 pages

    Resolution Reckless-Imprudence Final

    Uploaded by

    Keangela Louise
    The prosecutor recommends charging Nicson Abellon Babawen with reckless imprudence resulting in damage to property. According to the affidavit, Babawen's vehicle bumped Leo Gamsawen Agpad's vehicle from behind, causing PHP 61,000 in damages. Babawen and the owner of his vehicle agreed to pay for repairs but later refused. As Babawen did not submit a counter-affidavit, the prosecutor resolved to charge him based on Agpad's evidence that Babawen negligently hit his vehicle without caution. The prosecutor recommends prosecuting Babawen for reckless imprudence resulting in damage to property under the revised penal code.

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    Republic of the Philippines

    DEPARTMENT OF JUSTICE
    OFFICE OF THE CITY PROSECUTOR
    City of Baguio

    LEO GAMSAWEN AGPAD


    Complainant,
    NPS: NO: 1-17-INV-17-2275
    FOR:RECKLESS IMPRUDENCE
    -versus- RESULTING IN DAMAGE TO
    PROPERTY
    NICSON ABELLON BABAWEN
    Respondent.

    x-----------------------------------------------------------------x
    RESOLUTION

    The Complainant, LEO GAMSAWEN AGPAD, filed the


    present charge against the Respondent, NICSON ABELLON
    BABAWEN, for alleged RECKLESS IMPRUDENCE RESULTING
    IN DAMAGE TO PROPERTY.

    Based on the Affidavit Complaint, the facts of the case


    are narrated in this wise:

    At about 4:00 PM to 4:30 PM on August 20,


    2017, LEO GAMSAWEN AGPAD, complainant, was
    on board his vehicle driven by JEFFREY ETA-ET
    TOLINGAN, while coming from the direction of
    Marcos Highway, Baguio City, and heading
    towards the direction of Bengao, Bakakeng
    Central, Baguio City, and while descending slowly
    downwards Sto. Nino-Bengao Road crossing, his
    driver slowed down in order to give way to an
    ascending vehicle because the road was quite
    narrow. After the ascending vehicle had passed,
    his driver moved forward, but suddenly the vehicle
    at their back described as an ISUZU Crosswind
    bearing Plate No. CTJ 805 driven by NICSON
    ABELLON BABAWEN hit and bumped their car
    causing damage on its back bumper and tail gate
    with an estimated damages of PhP 61, 000.00.

    A day after or on August 21, 2017, Mr.


    NICSON BABAWEN and Mr. ELVIS GALLOD, owner
    of his driven vehicle together with LEO
    GAMSAWEN AGPAD met at the Toyota Service
    Center for the quotation of the cost of damage
    incurred by the vehicle which amounted to PhP 60,
    772.48 as evidenced by SERVICE QUOTATION
    ANNEX A. They agreed to shoulder the repair
    expenses of the vehicle but despite their
    commitment to have the vehicle fixed they
    refused and failed to do so. 1

    Respondent, NICSON ABELLON BADAWEN, failed to


    submit a counter-affidavit within ten (10) days from receipt
    of the subpoena with the complaint and supporting affidavits
    and documents, the investigating officer shall now resolve
    the present complaint in accordance with Section 3
    paragraph d Rule 112 of the Rules of Court.

    If the respondent x x x does not


    submit counter-affidavits within the ten
    (10) day period, the investigating
    officer shall resolve the complaint
    based on the evidence presented by
    the complainant.2

    Based on the uncontroverted evidence, there is


    reasonable ground to believe that the respondent is probably
    guilty of the crime of Reckless Imprudence Resulting in
    Damage to Property defined and penalized under Article 365
    Paragraph 3 of the Revised Penal Code, it having been
    satisfactorily shown that he committed the same.

    Article 365 paragraph 3 of the Revised


    Penal Code provides, Imprudence

    1
    Affidavit of Leo Gamsawen Agpad dated October 23, 2017
    2 Section 3 paragraph d Rule 112 of the Rules of Court
    and negligence xxx when the
    execution of the act covered by this
    article shall have only resulted in
    damage to the property of another,
    the offender shall be punished by a
    fine ranging from an amount equal
    to the value of said damages to
    three times such value, but which
    shall in any case be less than
    twenty-five pesos.3

    Clearly, respondent BABAWEN was negligent in driving


    the Isuzu Crosswind when he directly hit, without properly
    being cautious that, the vehicle of the complainant was
    descending slowly downwards the road. Failure in precaution
    is termed imprudence as a clear indication of deficiency of
    action on the part of BABAWEN.

    WHEREFORE, premises considered, it is respectfully


    recommended that Respondent NICSON ABELLON
    BABAWEN be charged and prosecuted for the crime of
    Reckless Imprudence Resulting in Damage to
    Property, under the information hereto attached for
    approval.
    Baguio City, Philippines. 10 November 2017.

    NAME OF PROSECUTOR
    Associate City Prosecutor
    Roll No. 00000
    IBP Lifetime No. 000000
    MCLE Compliance VI-000000/
    19 December 2017/Pasig City
    APPROVED:

    ELMER MANUEL SAGSAGO


    City Prosecutor
    Roll No. 31292
    IBP Lifetime Receipt No. 733288
    MCLE Compliance VI-0006651

    3
    Article 365 paragraph 3 of the Revised Penal Code

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