COURT PRACTICE AND PROCEDURE

SIMULATED CASE:

Reckless Imprudence Resulting to Multiple

Homicides

Prof. Stephen P. Gumboc

Preferred by:
 Republic of the Philippines
NATIONAL POLICE COMMISION
PHILIPPINE NATIONAL POLICE
CEBU PROVINCIAL POLICE STATION
STATION TRAFFIC ENFORCEMENT
Cansamuroy, Balamban Northern Cebu City.

June 07, 2010

The Hon. City Prosecutor

RTC-Mexico Compound
Perpetual help kamiria Cebu City.

Sir/madam,
Respectfully referred to your office the herein case for your
appropriate action and disposition:

Nature of offense : Reckless Imprudence Resulting to

Multiple homicides

Time/ date/ place : Barangay Gaas Cansamuroy

Transistral, road, Cebu City.
Committed at about 5:00pm of June 5, 2010

Complainant : ATHONY y MAKAPUNO, 32 y/o, construction,

Balamban Cebu City.

JOEY y LADLAD, 26 y/o, call center

agent,
Toledo, Cebu City.

JAMESON y OKRAYIN, 22 y/o,

student,
Summerville, Cebu City.

Respondent : TIBURCIO y MAGALPOC, 48

years, driver, married, of
Barangay sigmahon sesames’ st.
Cebu City.

Respectfully requests acknowledge receipt.

PCSUPT. EDGARITO D.
PINAGMALUPITAN
Chief, Cebu City CPPS

Enclosures:
Original and copies of statement of Mr. Tiburcio
Copies of LTO Drivers ID of Mr. Anthony, Mr. Joey, Mr. Jameson.
Medico-Legal Certificate of all Passengers
Photographic evidence
Other documents to follow.

Republic of the Philippines

Department of Justice
PROVINCIAL PROSECUTION OFFICE
_______________________________________
_______________________________________

INVESTIGATION DATA FORM

To be accomplished by the office:

DATE RECEIVED: NPS DOCKET NO: 008900

Stamped and Initiated: JUNE 5, 2010
TIME RECEIVED:_________________________ Assigned to:__________________________
RECEIVING STAFF:_______________________ Date Assigned:________________________
To be accomplished by complainant/ counsel/law enforcer:
(use back portion if space is not sufficient)
COMPLAINANT/s: Name, Sex, Age, Address RESPONDENT/s: Name, Sex, Age, & Address

ATHONY y MAKAPUNO, 32 y/o, construction , TIBURCIO y MAGALPOC,

48 years, driver,
Balamban Cebu City. of Barangay sigmahon
sesames’ st. Cebu City

JOEY y LADLAD, 26 y/o, call center agent,_____

Toledo, Cebu City.______________________

JAMESON y OKRAYIN, 22 y/o, student,_______

Summerville, Cebu City___________________
DATE & TIME of COMMISSION: PLACE of COMMISSION:
at about 5:00pm of June 5, 2010 Barangay Gaas Cansamuroy
Transcestral road, Cebu City.

Has a similar complaint been filed any other office?* YES___ NO X

Is this complaint in the nature of a counter-charge?* YES___ NO X

Is this complaint related to another case before this office?* YES___ NO X

If YES, indicate Details: I.S/ NPS Docket No.___________________________________

Handling Prosecutor: __________________________________

CERTIFICATION

I CERTIFY, under oath, that all of the information on this sheet are true and correct to
The best of my knowledge and belief, that I have not commenced any action or filed any claim
involving the same issues in any court, tribunal, or quasi-judicial agency, and that If I should
thereafter learn that a similar action has been filed and or is pending, I shall report that fact to
this honorable office within five (5) days from my knowledge thereof.

_______________________
Signature over printed name

SUBSCRIBED AND SWORN TO before me this 9th day of June 2010 at Cebu City.

__________________________
Administering prosecutor

Cebu Doctors Hospital

Velez hospital Cebu City.

MC NO.07-0919 _June_5, 2010_

Date

MEDICO - LEGAL CERTIFICATE

TO WHOM IT MAY CONCERN:

According to the hospital records, Mr. MAKAPUNO, ANTHONY M.

32 years old of balamban Cebu City , was examined and treated/confined in this

Hospital from June 5. 2010 to With diagnosis of:

N.O.I : Vehicular accident

P.OI : Barangay Gaas Cansamuroy Transistral, road, Cebu City.
D.O.I : June 5, 2010
T.O.I : 5:30 pm

DESCRIPTION OF INJURIES:

1. Contusion on upper side of head.

2. Multiple Abration & contusion over (R) arm
3. Lacerated Wound, (L) Foot.
4. Multiple Physical Injuries due to collision of vehicle.

________________________ xxxxxxxxxxxxxxxxxxxxxx____________________
 Nothing to follows

RENATO Y. PILAC, M.D

Resident physician
DURATION: 1 week

Cebu Doctors Hospital

Velez Hospital Cebu City.

MC NO.07-0920 _June_5, 2010_

Date

MEDICO - LEGAL CERTIFICATE

TO WHOM IT MAY CONCERN:

According to the hospital records, Mr. LADLAD JOEY C.

26years old of Toledo Cebu City , was examined and treated/confined in this

Hospital from June 5. 2010 to xxxxxxxxxxxxx .

With diagnosis of:

N.O.I : Vehicular accident

P.OI : Barangay Gaas Cansamuroy Transistral, road, Cebu City.
D.O.I : June 5, 2010
T.O.I : 5:30 pm

DESCRIPTION OF INJURIES:

1. Contusion on upper side of head.

2. Multiple Abration & contusion over (R) arm
3. Lacerated Wound, (L) and (R) Foot.
4. Multiple Physical Injuries due to collision of vehicle.

________________________ xxxxxxxxxxxxxxxxxxxxxx____________________
 Nothing to follows

RENATO Y. PILAC, M.D

Resident physician

DURATION: 1 week

Cebu Doctors Hospital

Velez Hospital Cebu City.

MC NO.07-0921 June 5, 2010

Date

MEDICO - LEGAL CERTIFICATE

TO WHOM IT MAY CONCERN:

According to the hospital records, Mr. OKRAYIN JAMESON.

22years old of Summerville Cebu City , was examined and treated/confined in this

Hospital from June 5. 2010 to xxxxxxxxxxxxx .

With diagnosis of:

N.O.I : Vehicular accident

P.OI : Barangay Gaas Cansamuroy Transistral, road, Cebu City.
D.O.I : June 5, 2010
T.O.I : 5:30 pm

DESCRIPTION OF INJURIES:

1. Contusion on Front and back side of head, forehead and Internal Bleeding.
2. Multiple Abration & contusion over (L) arm
3. Lacerated Wound, (L) and (R) Foot.
4. Multiple Physical Injuries due to collision of vehicle.

________________________ xxxxxxxxxxxxxxxxxxxxxx____________________
 Nothing to follows

RENATO Y. PILAC
Resident physician

DURATION: 1 week

Republic of the Philippines

Department of Justice
PROVINCIAL TRIAL COURT
Brach 201
Cebu City

PETITION FOR BAIL

COMES NOW Defendant TIBURCIO y MAGALPOC, by his undersigned counsel and unto this
honorable court, most respectfully states:

The defendant is in custody for the alleged commission of an offense punishable by PRISION
CORRECTIONAL, and SUSPENSION.

That no bail has recommended for his temporary released, on the assumption that the evidence of
guilt is strong.

Encumber of showing that evidence of culpability is strong on the prosecution, and unless this
fact is adequately shown is entitled to bail as matter of right.

PRAYER

WHEREFORE, leading prior notice and trial, it is respectfully prayed that the defendant
TIBURCIO y MAGALPOC be admitted to bail in such amount as this honorable court may fix.

Cebu City, Philippines, June 10, 2010

Atty. Epefanio de Acosta

Prsosecutor

June 12, 2010

Notice of hearing
Explanation
That the defendant under assumption of allegation is requesting for bail as a matter
of right.

Copy furnished:

Atty. Suledo T. Tatak

Counsel of prosecution

Republic of the Philippines

Department of Justice
PROVINCIAL TRIAL COURT
Brach 201
Cebu City

MOTION TO REDUCE BAIL

Accused, through counsel, by way of a special appearance for this purpose,

respectfully alleges:

1. That the accused has been charge with P500,000 and that the bail for his
provisional release has set at P350,000

2. That herein accused is a poor fellow of very limited means such that it is
impossible for him to pay the full amount of his bond and is therefore
constrained to request for a reduction of the amount of bail.

3. That it would be advantageous to everyone if he be given temporary

emancipation thereby allowing him to continue with his gainful employment
and as head of the family with three (3) dependents;

4. As such, accused appeals to the mercy and compassion of this Honorable

Court and considerately request that his bail be reduced to P350,000

5. This motion for reduction of bail is being filed without prejudice to any
other remedy which may be available to the accused and that the accused
expressly reserves the right to question the legality of the issuance of the
search warrant or his warrantless arrest if the circumstances would so
warrant.

WHEREFORE, accused respectfully prays that his bail be reduced to

P350,000 other reprieve just and equitable are likewise prayed for.

Cebu City, Philppines, June 10, 2010

Atty. Robert Y. Go
Prsosecutor
 June 12, 2010
Notice of hearing

Explanation
The defendant is unfortunate and requesting for bail reduction.

Copy furnished:

Atty. Anthony C. Fernandez

Counsel of prosecution

Republic of the Philippines

NATIONAL POLICE COMMISION
PHILIPPINE NATIONAL POLICE
CEBU PROVINCIAL POLICE STATION
STATION TRAFFIC ENFORCEMENT
Cansamuroy, Balamban Northern Cebu City.

TRAFFIC ACCIDENT INVESTIGATION REPORT

File no. C-090800 June 5, 2010

Place of accident : Barangay Gaas Cansamuroy Transistral, road, Cebu City.

Time and date of accident : 5:00pm of June 5, 2010

Weather condition/ lights : straight- rough/ mud – wet/ road bridge.

Types of accident : Reckless Imprudence Resulting to Multiple

Homicides, plunged to ravine.

Vehicles involved : one (1)

VEHICLE

HYUDAI 2001, J.D Tourist bus, plate no. GWZ-666 driven by TIBURCIO y MAGALPOC,
male, 48 years old, driver, married, of Barangay sigmahon sesames’ st. Cebu City, and
holder of NO. 03-66612498 which expires on 05-12-2011

Vehicle reg. owner: as stated above information.

Motor no.: AB7891234 chassis no: AB78945423

NARRATION OF THE FACTS OF THE CASE

It appears that prior to the accident, the JD Tourist bus was driven by jimmy tan when it
plunged into the ravine while he was maneuvering a curve in barangay north cansamuroy,
balamban and he could not make a right decision and he turned left and then fell into the ravine.

As result of which, the vehicle incurred damages in front side of bus which cause the
death of 24 passengers and 5 suffered from serious physical injuries, see separate sketch and
photograph evidence.
 Status of case: for filling upon completion of annexes.

SPO4. Antonio Z. Masunurin PCSUPT. EDGARITO D. PINAG

Officer on Case Chief, Cebu City CPPS

Republic of the Philippines }

Cebu City } S.S

Counter Affidavit

I am MICHEAL y CO, 48 years old, driver, married of Barangay sigmahon sesames’ st.
Cebu City. After having been sworn under in accordance of law, hereby depose and
state:

I. That on or about 5th day of June 2010, at about 5:00 pm in the city of Cebu, Metro
Cebu province and within the jurisdiction of this honorable court, the said accused did
not able to make a right decision in behalf of his ability and skills in driving his own bus.

II. That the accident cause of the huge calamity and of the lack of warning signs and
railings on that road.

III. That we are not informed by the authority to evade the accident that the road was not
able to transmit a bigger vehicle.
 IV. That when maneuvering the bus was only safe way was to plunge the bus into the
residential house instead of following the motion of the gear towards the ravine.

SUBSCRIBED AND SWORN TO BEFORE ME this 6th day of June 2010 at Traffic
Enforcement Police Station, Cebu City.

Republic of the Philippines

Department of Justice
PROVINCIAL TRIAL COURT
Brach 201
Cebu City

COMPLAINT-AFFIDAVIT

The undersigned prosecutor , accuses TIBURCIO y MAGALPOC of the crime Reckless

Imprudence Resulting to Multiple Homicides, committed as follows, to wit;

I. That on or about 5th day of June at about 5:00 pm, in the City of Cebu, province of Metro Cebu
and within the jurisdiction of this Honorable Court, the said accused when maneuvering the bus
loaded by many student did there and then, willfully, unlawfully, and feloniously, has fell into the
ravine that cause of death of 25 passengers and 5 Serious physical injuries that allegedly brought
to the nearest Hospital.
 II. That the road has enough signs and railings prior to the protection of vehicles.

III. Furthermore, that it was possible for the operator not to check his bus before his transaction. And
we come to the conclusive point that it was human error prior to the accident done that cause of
death of passengers’ student.

IV. That, before said accident, the vehicle smashed up a residential house own by Ricky Bautista
located at barangay Santo Domingo Cebu City, which caused the damage of property.

CONTRARY TO LAW

POSECUTOR

WITNESS:

____________________________

____________________________

Republic of the Philippines

Department of Justice
PROVINCIAL TRIAL COURT
Brach 201
Cebu City

MOTION TO QUASH

COME NOW defendants, by counsel and unto this Honorable Court, most respectfully move to quash the
information filed against the defendants on the ground of lack of jurisdiction over the subject matter:

ARGUMENTS
Defendants are indicated for committing the crime of “ Reckless Imprudence Resulting to
Multiple Homicides” under Article.______________________ of Revised Penal Code, said
provision states:

Republic of the Philippines

Department of Justice
PROVINCIAL TRIAL COURT
Brach 201
Cebu City

INFORMATION

The undersigned, prosecutor, MICHEAL y CO accuses of the crime of multiple homicide with
physical injury and damage to property through reckless imprudence, committed as follows, to
Wit:
That on or about 5th day of June, at about 5:00 (am / pm), in the City / Municipality of CEBU,
Province of Metro Cebu and within the jurisdiction of this Honorable Court, the said accused
did then and there, while driving his STAR LINER bus with Plate no. NPU-466 Under the
influence of liquor and in a reckless and imprudent manner, said bus bumped into the house of
the Residential located at Barangay Santo Domingo and along highway, thereby causing damage
to the front wall of the house said to the damage and prejudice Residential of its owner, in the
amount of P 15,000.00
 Contrary to law.
_____________, Philippines, __Date 8
Prosecutor
Witnesses:
___________________
____________________
(Certification of Preliminary Investigation)