LAWYER NEEDED

[superduper]

Super D wants to engage the services of a good lawyer... the case will be docked in Pangasinan.

The scenario: Vehicular accident involving a motorbike and a 7-seat van. The victim (superD's sis-in-law) is a 35 y/o riding in a motorbike. The driver has been (allegedly) reckless in handling/driving the van as there were no brake marks/tire skids on the road. The road is straight and very clear at the time of the accident and the resulting death of the victim was horrific. (too scary to describe).

Any one who wishes to retain her/his services in behalf of the victim should contact Super D at: superdupername@yahoo.com.hk

urgent

[superduper]

driver not (even) charged after the accident causing death to a young mother! there is something wrong with the system! where is justice and fairness? the police didn't even come up with an investigation as to the cause of the accident and even involved themselves with the settlement of the case. whatever the out come of this incident will appear as there is no more value and respect for human life. this is the system being perpetuated in the philippines and this needs to be changed. imagine, all one can do is drive a vehicle and when there is an accident, just walk away and one can kill it for free? it would be deem fair also to think let's tie up the driver in the middle of the road and run over his body a million times, right?

[CUPID]

umuna, condolence SuperD!!

maikadwa, kasta iti sistema dita. sadut ken "inefficient" dagitay dadduma nga adda iti tugaw.

ana ngarud iti aramidemon? "eye for an eye" lattan a...

[superduper]

thank you kabsat...
isu kasta aramidenmin....

[superduper]

nupay kasta.... talaga adu pay pagkurkurangan ti pilipinas no panag-implementar ti paglintegan ti pagsasaritaan...

in hong kong, whether the pedestrian or the victim is at fault, there is always a case for the driver to answer.... he might be charged with negligence, homicide, reckless driving and injury causing death. penalties could be severe and sometimes life behind bars. the victim's family will always be compensated and the government will initiate compensation even giving the victim's family an outright financial help. the case will then be tried in court and most of the time financial and associated damages such as, property, future earnings and potential income of the victim will be computed based on his/her occupation at the time.

in the philippines???? nil, zero, nada! maybe even the victim will pay the driver for killing.

this is the system.... rotten to the core... that's why the philippines will never be developed.... so pathetic and useless...

i am now contemplating to settle to some other place and maybe given the opportunity, i will bring all my family members with me to be safe from dangerous drivers and further injustice....

may god bless the wretched philippines!

fuck!!!!!!!!!!!!!!!!:bang::bang::bang::bang::bang:

[CUPID]

prime example iti kinadurgi dagitay dadduma nga police tayon ket ta case ni ted failon.....

[superduper]

prime example iti kinadurgi dagitay dadduma nga police tayon ket ta case ni ted failon.....


ala ket dida kadi agbuybuya ti CSI ngata? :x

[superduper]

in your part, ania koma met ti aramidem a NO SIKA TI IMBESTIGADOR?

[CUPID]

in your part, ania koma met ti aramidem a NO SIKA TI IMBESTIGADOR?

i don't know what i would have done, but i know for sure i would not arrest someone without a warrant. i am no lawyer, but i don't think you can arrest someone without a warrant unless there's a reasonable ground that this person is a threat to public safety (lawyers pls confirm this). those fools in the ted failon's case clearly disregarded some police protocols (e.g. failed to read the miranda rights; no warrant of arrest; made the arrests based on suspicions and no concrete evidence) all in the name of "obstruction of justice." the video says it all, yet mabanag still believes he and his puppies did nothing wrong :lol:

no makitayo kuma diay interview ni mabanag diay xxx, kuna na, "kung nag makaawa lang sana sya....." (referring to etong's sister during the arrest). agtagtagainep ngata isu na? dina kuma buyaen diay footage....:bang:

i'm glad those fools have been suspended....

[superduper]

i don't know what i would have done, but i know for sure i would not arrest someone without a warrant. i am no lawyer, but i don't think you can arrest someone without a warrant unless there's a reasonable ground that this person is a threat to public safety (lawyers pls confirm this).

i'm glad those fools have been suspended....

...come to think of it... they are "the law" ket no isu ti makitada a pagsikatanda a ket aramidenda uray saan nga legal... dagdag sa "papogi points" apo cupid...
ngem no awanda dita "media spotlight" a ket baka "pwede bang ayusin" na lang kunadan a....
they have the reason/presumption nga obstruction of justice...apay nga dida ag-imbestiga nga umuna.... they should consider all people inside (including ted failon) as suspects... moreover, adda presumption nga krimen ti naaramid ta "nadalusan" diay "crime scene" so.... they should all conclude that something is "fishy" and they should asked a judge right away to issue warrants before arresting them ALL. as simple as that, di ba?

[superduper]

WHEW... NO SIMPLEN TO LANG NGA TRAFFIC ACCIDENT KET DIDANTO PAY AMMO TI AR-ARAMIDENDA... ANIANTO KET DAYTAN A MEDYO HIGH-PROFILE CASE?

IF I WERE A POLICEMAN AGRESIGN NAK LANG NGEN TA MANGIBABAIN TI "KABAROK!" INNAK LANG AGMULA TI KAMOTE IDIAY BAKIREN

IN FAIRNESS TO OTHER GOOD LAW ENFORCERS, PLEASE SHAPE UP YOUR COLLEAGUES... AWAN KOMA MET TEN A TI MANGIBABAIN NGA KABARO YO....

TRAFFIC ACCIDENT LANG DIKAYO AMMO AG-INVESTIGATE?

[superduper]

PAGTULADANYO APO NGA POLICE NGA TAGA-PANGASINAN!



Road Traffic Accidents in Hong Kong

Information on what to do when you have a road traffic accident: who to call and how to fill in the accident report document for insurance after a car crash.

All vehicles in Hong Kong must have at least third party liability insurance. The procedure in the event of a road traffic accident in Hong Kong depends on the severity of the accident, whether there are injuries and if it is necessary for the police to be involved.
In the event of serious injuries Telephone: 999

What to do at the Scene of an Accident
Stop immediately
Warn other traffic using hazard lights and a warning triangle
Do not move injured people unless there is an immediate danger
All drivers involved must exchange details including registration number, insurance details, name and address
In the event of an accident in a tunnel, contact tunnel control using one of the emergency telephones. Do NOT move the vehicle. The tunnel control centre will contact emergency services if necessary

In the event of a minor traffic accident

In the event of a minor accident with no injuries, the parties involved must exchange details and fill in an Accident Report Form at the scene of the accident. This form should be provided by the motor insurer. If the accident has involved more than two drivers, forms should be completed between each of the involved. All involved must sign the forms unless the parties do not agree on a version of events, in which case the forms should not be signed. The accident report form should be sent to the insurance company within one week.

Minor accidents do not necessarily have to be reported to the police, but it is recommended if liability is disputed. This must be done within ten days of the accident.

The following documents are necessary for making a complaint:
Driving license (original and photocopy)
Hong Kong ID card (original)
Vehicle Registration Document (original and photocopy)
Vehicle Licence (photocopy)
Third Party Risk Insurance Certificate (original and photocopy)
Photos from different angles showing the condition of the damaged vehicle, at least one of which should identify the car licence plate
In the event of a serious traffic accident

If there have been injuries or fatalities call for the police and ambulance - Tel: 999

The motorist must stop the vehicle if any of the following applies:
someone is killed or injured
there is damage to a vehicle or property
an animal (for example horse, cattle) is killed or injured

The car may be moved if a police officer gives permission or if some form of emergency action is needed. If no one is killed or seriously injured, the vehicle may be moved to a safe place.

After a serious traffic accident the driver must give their name, address, the car owner's name, address, and registration number to the police. In the case of damage, the accident should be reported to the nearest police station or any police officer within 24 hours.

After reporting the accident to the police the insurance company should be notified.

The Accident Report Form

The accident report should contain the following details:
Date and place of the accident
Vehicle information: make, model numbers and vehicle registration numbers
Drivers' information: full names, addresses, driving licence details (number, category, date and place of issue)
Details of insurers and policies of all drivers
Witnesses: names and addresses
Any injuries
An illustration and explanation of the accident including details of damage caused, with photographs or a sketch

The form should be sent to the insurers within one week.
Pursuing a Civil Claim After a Traffic Accident

Civil claims can be made in the following ways: If the amount of claim is less than the limit referred to in the Small Claims Tribunal Provisions, it is possible to file the suit without the help of a lawyer, although it is advisable to seek legal advice.

[superduper]

UNTIL NOW... AWAN PAY NA-IFORWARD NGA REPORT IDIAY PAMILYA TI BIKTIMA... NAGAN WENNO ADDRESS DIAY DRIVER NGA NAKAPATAY KET DIMI PAY AMMO? ANIA DAYTAN!

THE VICTIM WAS BURIED ON APRIL 15, 2009 (DATE OF THE ACCIDENT: APRIL 4)

THE OFFENDING PARTY EVEN HAVE THE GUTS TO NEGOTIATE COMPENSATION OF ONLY P20,000..... ANAK NG PUTA... NO ADDAAK LANG DIAY ABAYNA A KET NAGANNA LAENGEN TI AGAWID!

NO DAKAYO LANG KOMA NAKAPASAMAKAN TI KASTA ANIA NGATA ARAMIDENYO NO DIKAYO KOMA MET PUMATAY?
:bang::bang::bang:

[CUPID]

SD, saan kadi nga standard operating procedure no adda accident ket ma check (sobriety test) diay driver no "intoxicated" isu na habang nga agman-maneho? ana kadi didiay driver? owner of the vehicle or company driver? no company driver isu na, diay employer na iti habulen yo. most likely adda vehicle insurance kasi mostly nga adda lugan na dita pilipinas ket adda met sa insurance dan. the 20,000 pesos offer to settle the case is like a slap in the face....agpa consult kayo a iti lawyer. damagen yo pay a kadayta lawyer no ana iti mabalin nga kaso para kadagita palpak nga pulis nga napan diay accident scene...

[CUPID]

driver not (even) charged after the accident causing death to a young mother! there is something wrong with the system! where is justice and fairness? the police didn't even come up with an investigation as to the cause of the accident and even involved themselves with the settlement of the case. whatever the out come of this incident will appear as there is no more value and respect for human life. this is the system being perpetuated in the philippines and this needs to be changed. imagine, all one can do is drive a vehicle and when there is an accident, just walk away and one can kill it for free? it would be deem fair also to think let's tie up the driver in the middle of the road and run over his body a million times, right?

adu lang ngarud iti abusadon adu pay iti sadut nga pulis....isu nga isu da iti tumulong nga mang areglo ta kaso tapno isu pay nga aramiden da..agling-et da man ngamin nukwan..dika makita nga adu iti agbubutit nga pulis ta iti lang paglaingan da ket inum ken agtaraken iti lokdit...istoryaek kuma tay pulis diay ayanmi, ngem saanen ket baka diak to makabakasyonen dita Laoag. saan met ketdi nga AMIN ket kastoy da ta ammok nga adu met dagitay nadayaw ken nagaget nga pulis tayo.

[CUPID]

re: ted failon's case, nakita yo kadi diay porma ni superintendent mabanag? naka sab-it diay dslr cam na nga kunam lang no adda photo shoot dagiti supermodels....puro porma, ngem awan met ngarud resulta na nga mayat. nagbalin pay nga eskandalo ta inaramid da nga agkakadwa...:bang:

[superduper]

SD, saan kadi nga standard operating procedure no adda accident ket ma check (sobriety test) diay driver no "intoxicated" isu na habang nga agman-maneho? ana kadi didiay driver? owner of the vehicle or company driver? no company driver isu na, diay employer na iti habulen yo. most likely adda vehicle insurance kasi mostly nga adda lugan na dita pilipinas ket adda met sa insurance dan. the 20,000 pesos offer to settle the case is like a slap in the face....agpa consult kayo a iti lawyer. damagen yo pay a kadayta lawyer no ana iti mabalin nga kaso para kadagita palpak nga pulis nga napan diay accident scene...

awan ngarud SOP nga inaramidda kapid, diak ammo ditan no naala ti kompadre system ta daydiay kano maki-ar-areglo nga partido ti driver ket ex-police kano... ay ket naala dan a ngata ti "under the table". baka madamdama ket diay pay biktima ti agbayaden...
awan metten maaramidan diay side ti biktiman ta uray met jay simmangka-torpe nga mayor da ket ti advice na kano ket urayenda kano diay saritaanda nga areglo? ania daytan, isuna koman a ti mangtulong nga mangkita ta side ti biktima ta agipila da ti kaso... ANIMALLLLLLLLLLLLLl!

isu nga adu pay lang NPA dita pilipinas ta kastoy nga sinal-it nga sistema...

[zachzech]

condolence apo super duper... ti man paggaammok ket aksidente wenno saan ket masapul latta a adda police report na deta. isu nga no awan ket, you are at the right nu pati dagita pulisya ket ipaimbestiga yo. ken saan a basta basta a isettle da deta (sapay ta han pay a inawat tay pamilya tay 20 000) pati ta settlement ket desisyunan ti ukom deta. ti rigat na gamin idyay yan tayo ket no awan ti itirom a nagan ti pulitiko wenno sino man a nangato dita ket dida ka pansinen.

no talaga lang a awan, ket if you have the documents and accounts of witnesses, ipamedia yon. although I applaud your efforts and willingness to still go through the system even though we can clearly see how corrupt it is. sapay ta makakita kayo ti nasiyaat a lawyer.

[daguerrson]

My condolence goes to you and your brother's family, SuperD. I wish I could be of some help in locating a good lawyer but sad to say, am out of touch with my friends there in Dagupan. However, I know someone who can be of help in locating one if he is still there, and he is Mr. Vicente Nava - a reputable businessman and he used to be a member of the Pangasinan YMCA board of directors. Just tell your brother to go to the Pangasinan YMCA and inquire how to find him. Your brother can use my name as a reference. This may seem like a run-around but it may help as a last resort. The Pangasinan YMCA is at Tapuac District along the road to Lingayen.

[melkilozano]

I came accros this page whil doing research about Ilocos. I'm gonna visit there late May coz my friend lives there.

I'm a law student from San Beda. I read the gist of your facts. I'm surprised that the Police did not even press charges. I would like to give my opinion on the matter if it's ok. Please note that I am not yet a lawyer ( hopefully 1 more year then review). And also note that my opinion in its simplified form only.

My opinion is, there must be a finding of fault. Who is at fault in this case? Was it the motorcycle driver or the van driver?

If the van is a PUV or is paid to transport people then it is NOT a private vehicle. This is important because when PUV's are involved in an accident, there is already a presumption of fault on the part of the driver of the PUV.
There is also a presumption of fault if the driver was in violation of any traffic rules when the accident happened.

However, you can file a criminal and/or civil suit regardless of whether the van is a private or PUV.

Assuming your party is the client, my advise to the HEIRS of your sis is to file a criminal case for reckless imprudence resulting to homicide. THe fact that the police did not charge the driver is an outrageous ERROR!!! It is the prosecutor who decides if there is enough evidence to try the case. In a criminal case, you do not need your own lawyer. It is the prosecutor who defends you ( in the name of the People o the Philippines).

To defend the civil wrongs done to your sister in law you must file a SERPARATE Civil action. This separate civil action can be tried with the criminal case OR can be tried before or after the criminal case. EVEN IF THE CRIMINAL CASE IS DISMISSED you can still file a civil suit unless the judge in the criminal case riled otherwise.

So you have 2 courses of action. A criminal case and a civil case for damages.

I hope I gave some helpful information. If it is any consolation, what happened to your sister is NOT a difficult matter to resolve. Accidents of the same kind have been adjudicated many many times already.

[melkilozano]

Some cases that could give you insight:


LTB Co. vs. Tiongson
GR. No. L-22143, April 30, 1966

Facts: Petitioner, Laguna Tayabas Bus Co. (LTB), is a common carrier engaged in land transportation business in the Southern Tagalog province. On June 3, 1958, petitioner’s bus, coming from San Pablo City towards Manila collided with a &-up delivery truck coming from the opposite direction. The mishap resulted in injuries to many of its passengers. Both drivers were prosecuted for double homicide, multiple serious physical injuries and damages to property, thru reckless imprudence in the CFI of Laguna but a separate action for damages for breach of contract of carriage was filed by the heirs of deceased Tiongson against petitioner.
Petitioner in its defense, alleged that it had observed due or utmost diligence in operating the bus involved; that its driver could not have prevented or avoided the accident because the same was fortuitous; and that the proximate cause of the death of passengers Tiongson was the negligence and imprudence of the driver of the 7-up truck of his employer, or in the alternative, the gross negligence of the highway authorities in failing to keep and maintain the national roads in good repair at all times and in safe condition for all motorist.
The trial court found petitioner’s driver responsible for the accident and awarded to plaintiff actual, compensatory and moral damages, and a further sum P5000 as counsel fees. Both parties appealed, the petitioner from the portion of the decision holding it liable for damages for breach of contract and respondents, from the portion determining the amount of damages awarded to them.
Issue: Whether or not the award of damages was proper.
Held: The award of damages in the case at bar was proper. Petitioner is liable for moral damages because the case of a passenger who dies in the course of an accident, due to the carrier’s negligence, constitutes an exception to the rule. Under Art. 2220 of the New Civil Code (NCC), there can be no recovery of moral damages for a breach of contract in the absence of fraud provides that the spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased. Art. 2206 must be read in connection with Art. 1764. The latter provides that Art. 2206 shall also apply to the death of a passenger caused by the breach of contract by a common carrier. Being a special rule to fatal injuries, these articles prevail over the general rule embodied in Art. 2220.
The award of compensatory damages was not excessive because the deceased was only thirty-two years old, a college graduate and a bank employee. He was also administering his mother’s farm.
Furthermore, the award for attorney’s fee is also proper. Petitioner ignored the demand for an amicable settlement of their claim. The Tiongsons were forced to here the serious of a counsel to litigate their claim.


Panay Autobus Company vs. Pastor
73 PHIL 633 (1942)


Facts: While riding on truck No. 408 of the petitioner, Panay Autobaus Company, Inc. driven by one Felicisimo Tilos, Conception Galopin stretched her right arm beyond the railing of the bus, apparently pointing to her companion the rice fields yonder. This arm was caught and broken by another truck driven by one Francisco Yap coming closely from the opposite direction. Notwithstanding medical treatment, Galopin died. The heirs of the deceased brought an action seeking to recover damages for the death of their mother.
Issue: Whether or not petitioner was guilty of breach of contractual duty to carry the deceased safely to her destination.
Held: Driving at an appropriate speed, almost at the middle of a six-meter highway, which at the time of the accident was without traffic is not negligence. Independently of the act of the deceased in stretching her right arm beyond the railing of the bus, the manner the bus was driven could not have produced the injury. Petitioner’s driver at the time that the other bus was passing closely from the opposite direction sis not knew that the deceased’s arm was extended beyond the railing of the bus. He has the right to assume that all his passengers are taking the vessel precaution for their own safety. The act performed by the deceased at the time of the accident occurred was the proximate cause of the injury.



Sanchez vs. Samala
54 OG No. 13 p. 4078, February 17, 1958


Facts: Defendant was operator of passenger buses, one of which was bus No. 177, being driven by on May 13, 1954, by Raymundo Zapatua between Cavite and Mania and vice versa. On the morning of said date, plaintiff boarded bus No. 177 at kawit, Cavite of Divisoria Market. He selected himself, wit his left are restoring on the railing of the window, on the left side, occupying the third seat.
Between San Juan and Dauit Streets, along FB Harrison, Pasay City, the bus stopped, parking on the right side for the purpose of picking passengers. Thereafter, it proceeded on its way, but members later, plaintiff crude in plain as his left hand that was protruding outside the window of the bus was sit by an amazing cargo track that was speeding from the opposite direction. Plaintiff filed a action to recover damages allegedly suffered by him.
Issue: Whether or not the passenger in the case at bar is entitled to recover damages.
Held: The passenger is not entitled to recover damages. Its carriers are granted certificates of operation for the convenience of the public; the law imposes upon them the duty to conduct their passengers safely to their destination in consideration of certain fees. However, the law is not one sided. It does not protect the negligence of the passenger to the extent of doing harm or damage upon a public utility. In the instant case, the current did not believe that the defendant had operated his bus in a negligent way. Inside his bus, there were notices warning passengers not to palce any part of their body outside the vehicle. This is obviously for the safety of the passenger. The conductor, much less the driver, cannot at all the time attend to careless passengers.



Isaac vs. A.L. Ammen Trans. Co.
101 PHIL 1046 (1957)


Facts: Plaintiff boarded defendant’s bus as paying passenger from Albay. The bus collided with a pick-up truck which was coming from opposite direction trying to swerve from a pile of gravel. As a result, his left arm was completely severed. Plaintiff chose to hold defendant liable on its contractual obligation. Plaintiff brought an action for damages which the lower court dismissed holding the driver of the pick-up car negligent and not that of the bus.
Issue: Whether or not the common carrier is liable.
Held: The bus was running at a moderate speed. The driver of the bus upon the speeding pick-up truck swerved the bus to the very extreme right of the road. Said driver would not move the bus further without endangering the safety of his passengers. Notwithstanding all these efforts, the rear left side was hit. This finding of the lower court was sustained.
Also, of the carrier’s employee is confronted with a sudden emergency, he is not held to the same degree of care he would otherwise, he required in the absence of such emergency.
By placing his left arm on the window, he is guilty of contributory negligence cannot relieve the carrier but can only reduce its liability, this is a circumference which further mistakes against plaintiff’s position. It is a prevailing rule that it is negligence per se for passengers on a railroad to protrude any part of his body and that no recovery can be had for an inquiry.”



Landingin vs. Pangasinan Transport
GR. No. L-28014, May 29, 1970
Ma. Cristina Ramos (OAS)
Facts: Plaintiff, in these two cases averred that their respective daughters were among the passengers in defendant’s bus in an excursion trip from Dagupan City to Baguio and back; that upon reaching on an uphill point in Camp 8, Kenon Road, the driver caused the bus to stack; that through his mishandling, the motor ceased to function and the bus slided back; that their daughters were thrown off the bus and killed. Defendant claims that the daughters, after hearing a sound coming from the rear end of the bus, recklessly jumped resulting in their death. CFI found that the malfunction of the motor resulted from the breakage of cross-joint; concluding tat it was a fortuitous event. It absolved defendant from liability.
Issue: Whether or not PANTRANCO should be held liable.
Held: It does not appear that h carrier gave due regard to all circumstances in correction with cross-joint’s inspection the previous day of the accident. The bus was heavily loaded with passengers, and it would be traversing mountainous circuitous and ascending road. Thus, the entire bus including its mechanical parts would naturally be based heavily that it would be under ordinary circumstances. The mere fact that the bus inspected only recently and found to be in order would not exempt from liability unless it is shown that particular circumstances under which the bus would travel were also considered.

[superduper]

I came accros this page whil doing research about Ilocos. I'm gonna visit there late May coz my friend lives there.

I'm a law student from San Beda. I read the gist of your facts. I'm surprised that the Police did not even press charges. I would like to give my opinion on the matter if it's ok. Please note that I am not yet a lawyer ( hopefully 1 more year then review). And also note that my opinion in its simplified form only...


thank you very much for your good insight kabsat....

yes, we should understand that the police should press charges, yet they didn't even bothered to make a simple investigation: the paperworks that determined the facts of the case....nil, wala, nada, awan. :-(

second, they worked on how the case should be settled: meaning, they won't even have to use their tiny brains and will not pursue the matter to court.

third, it's now 1 month passed and there are no settlement in sight. the problem with the justice system in the philippines is that it will never evolved into a fair and equitable state unless it is overhauled and safeguarded by those who are truly mature to enforce it.

in my sis-in-law's case: they have set a new date to meet again and settle na lang.... it's very sad. the future of a young mother was ruined, her 2 kids will have no mother to grow up... (hopefully their father will re-marry again and will take care of them)

[CUPID]

adda met nadamag ko nga case. driver ti farinas nakadungpar iti dwa nga naka motor ditan sa batac. agkasar dan sa kuma pay piman...taga hawaii diay maysa...ti pagmayatan na, nakabalud san diay driver ti farinas...

[superduper]

I came accros this page whil doing research about Ilocos. I'm gonna visit there late May coz my friend lives there.

I'm a law student from San Beda. I read the gist of your facts. I'm surprised that the Police did not even press charges. I would like to give my opinion on the matter if it's ok. Please note that I am not yet a lawyer ( hopefully 1 more year then review). And also note that my opinion in its simplified form only.

My opinion is, there must be a finding of fault. Who is at fault in this case? Was it the motorcycle driver or the van driver?

If the van is a PUV or is paid to transport people then it is NOT a private vehicle. This is important because when PUV's are involved in an accident, there is already a presumption of fault on the part of the driver of the PUV.
There is also a presumption of fault if the driver was in violation of any traffic rules when the accident happened.

However, you can file a criminal and/or civil suit regardless of whether the van is a private or PUV.

Assuming your party is the client, my advise to the HEIRS of your sis is to file a criminal case for reckless imprudence resulting to homicide. THe fact that the police did not charge the driver is an outrageous ERROR!!! It is the prosecutor who decides if there is enough evidence to try the case. In a criminal case, you do not need your own lawyer. It is the prosecutor who defends you ( in the name of the People o the Philippines).

To defend the civil wrongs done to your sister in law you must file a SERPARATE Civil action. This separate civil action can be tried with the criminal case OR can be tried before or after the criminal case. EVEN IF THE CRIMINAL CASE IS DISMISSED you can still file a civil suit unless the judge in the criminal case riled otherwise.

So you have 2 courses of action. A criminal case and a civil case for damages.

I hope I gave some helpful information. If it is any consolation, what happened to your sister is NOT a difficult matter to resolve. Accidents of the same kind have been adjudicated many many times already.

My condolence goes to you and your brother's family, SuperD. I wish I could be of some help in locating a good lawyer but sad to say, am out of touch with my friends there in Dagupan. However, I know someone who can be of help in locating one if he is still there, and he is Mr. Vicente Nava - a reputable businessman and he used to be a member of the Pangasinan YMCA board of directors. Just tell your brother to go to the Pangasinan YMCA and inquire how to find him. Your brother can use my name as a reference. This may seem like a run-around but it may help as a last resort. The Pangasinan YMCA is at Tapuac District along the road to Lingayen.


thank you very apo daguerr...
unfortunately i cannot help my in-laws to pursue the matter to court.... i can only advise them what to do... regrettably, they cannot go further than to settle na lang.... they already suffered enough and would like to end their search for justice...

[superduper]

adda met nadamag ko nga case. driver ti farinas nakadungpar iti dwa nga naka motor ditan sa batac. agkasar dan sa kuma pay piman...taga hawaii diay maysa...ti pagmayatan na, nakabalud san diay driver ti farinas...


i hope this thread will serve as a way to open up "lines of thoughts" on how to improve the justice system in the philippines. i am enlightened by the ideas of apo cupid, apo daguerr and apo melkilozano....

to apo melkilozano, i hope you will visit this site more often and impart us your "legal advice" ...... and i wish that you will become a full-pledged atty.-at-law soon...

kasta koma met ti napasamak idiay pangasinan apo cupid (jailing of the driver) ngem sabasabali met lang ti panaggannayas ti hustisya iti naduma duma nga lugar....

sapay koma ta awanton ti kastoy nga mapasamak....

[CUPID]

apo SD, iti damag ko ket in offer da iti areglo met. ngem diay partidos diay nadisgrasya ket kayat dan sa nga ilaban isu nga naibalud (as of last week)...

[superduper]

apo SD, iti damag ko ket in offer da iti areglo met. ngem diay partidos diay nadisgrasya ket kayat dan sa nga ilaban isu nga naibalud (as of last week)...


kastoy koma met ti kayatmi nga mapasamak ngem ania pay apo cupid... no di makisettle jay in-laws ko ket awan met abogado nga mangiggem jay kaso...
ania ket ti kastoyen ta kasla met lang ay-ayam ti biagen... grabe met ti pilipinasen... no makadalapus ka ti tao ket matay, kasla lang animalen nga awan aniaman nan

[MHTS]

SuperD, sorry to hear about the news. And yes this thread provides information about what's going on to our world back home. I hope others will find it useful or at least informational. Thanks.

[Myrna]

Ading superduper, sorry for what happened ...talaga nga sabali dita Pinasen...kasla awan anniamanna ti biag ti taon...naareglo metten ..irekomendak koma tay asawa ti kabsat ko, abogada, not because she is my siter in law...she came from a family of lawyers, judge ni amangna diay Samar., nalaing, and most of the time she does it for free.

[superduper]

agyamanak apo lakay and mama myrs.... this shows that our country has so many inadequacies... it will never get mature unless rule of law, justice and fairness is within reach of all. ala ket ania pay ngarud ta kasta met lattan... urayen tayo manen a ti sumaruno nga mapadalapusanen (yad-adayon apo)

[superduper]

this is how they suppose to punish errant drivers:

attention philippines!!!!

Trucker caged for killing rookie biker

Beatrice Siu

Wednesday, May 06, 2009

A lorry driver who dozed off momentarily at the wheel and ploughed into the back of a motorcycle, killing its driver, was jailed for eight months yesterday.

Tsang Ho-pong had earlier pleaded guilty at the District Court to dangerous driving leading to death. He has also had his license suspended for two years.

The 31-year-old driver ploughed into the back of motorcyclist Kwong Chi-hang at Olympian City in Tai Kok Tsui in August last year.

Kwong had only had his provisional motorcycle-driving license for 10 days at the time of his death and was displaying "P" plates.

At around 2pm on the day of the accident, a container truck slowed down in a traffic jam. Kwong's motorcycle, which was behind the truck, did likewise, the court heard.


At this moment, Tsang, who was traveling behind Kwong, nodded off briefly. By the time he knew what was happening it was too late for him to stop and he crashed into Kwong's motorcycle.

Jail terms for dangerous driving have increased from 5 years to 10 years in the past year, which shows the seriousness of the problem, said Deputy District Judge Albert Wong Sung-hau.

He said although Tsang was not drink-driving or speeding and his truck was not overloaded, he was too close to the vehicle in front and did not pay attention to the traffic situation, causing the death of Kwong.

Describing Kwong's death as a huge tragedy as he was the family breadwinner, the judge said it was irresponsible of Tsang to close his eyes even if he was exhausted.

Tsang's 15-month jail term was reduced to eight as a result of his guilty plea.