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DECISION
On October 28, 2011, xx was driving his motorcycle along xx
City, when suddenly a fast moving vehicle sideswiped his
motorcycle, knocked him down on the ground and rendered him
unconscious with physical injuries including facial deformity and
damage to property.
According to the prosecution, the fast-moving vehicle was
driven by the accused, xx, in a careless, imprudent and reckless
manner. Consequently, Encordia is charged with the crime of
Reckless Imprudence Resulting in Serious Physical Injury and
Damage to Property on February 13, 2012. The information reads
as follows:
That on or about the 28 th day of October 2011, in the City of
Tacloban, Philippines, and within the jurisdiction of this Honorable
Court, the above-named accused, being the driver of a Suzuki Jeepney
with Plate No. JCW-707, registered in the name of Angel A. Cordero,
without due regard to traffic laws and regulations and without taking
the necessary precautions to prevent accident and damage to
property, did, then and there, unlawfully and feloniously manage,
operate and drive said motor vehicle along Marasbaras National Road
thereby causing it to side swept Emmanuel Obenza who was then
driving a motorcycle (MC RUSI DL 100) with Plate No. 7840, registered
in the name of Lydia L. Trichera and as a result thereof victim became
unconscious and sustained physical injuries that casued physical
deforminty to his face and which injuries require confinement and
medical attendance for a period of eight (8) days and caused damage
to the said MC RUSI DL motorcycle in the estimated amount of
P2,700.00.
That accused failed to lend on the spot to his victim such help as
was in his hands to give like bringing him to the nearest hospital,
instead accused immediately fled from the scene of the incident.
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xx
Presiding Judge