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me. I was intimidated especially by Mr. Reboroso who was more than
six feet tall and was holding a lug wrench while sharply staring at me.
12. The settlement at the police station did not prosper because the
police, although after having convinced that the collision was not my
fault, is clearly siding with the complainant and suggesting that we
pay P50,000.00. Later, we found out that the father of Mr. Leano, was
the police commander of the station.
13. When I reached the hospital, the doctors found out that I was
suffering from food poisoning and was confined for two days as
substantiated by medical certificate attached as Annex A.
14. The case of Cang vs. Cullen that was cited by the does not produce an
exclusive presumption of negligence on my part because, the
complainant was likewise driving without a drivers license, therefore
it must be applied equally creating a condition of in pari delicto.
Therefore, granting the arguendo that the complainant having equally
at fault, he should bear his own loss.
15. Under the Revise Penal Code, prosecutions for reckless imprudence
resulting in damage to property and a finding of guilt beyond
reasonable doubt requires the concurrence of the following elements,
namely:
1.
2.
3.
4.
5.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed
that the instant criminal complaint be DISMISSED for lack of merit.
Further, the respondents respectfully pray for such and other
reliefs as may be deemed just and equitable in the premises.