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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.

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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