Rekless Homicide

Republic of the PhilippinesNational Prosecution Service

OFFICE OF THE CITY PROSECUTORCalapan City

PO1 MARK MENORComplainant

-versus- IS No. 778899For Reckless Imprudence Resulting to Homicide

GRACIANO CASTILLO Respondent.x-------------------------------x

COMPLAINT-AFFIDAVIT

I, PO1 MARK MENOR, of legal age, married, a police officer of the Calapan City PNP Station and with postal address at ABC Hall, Calero, Calapan City, after having duly sworn in accordance with law, hereby depose and state that:

1. That on January 13 2012, Jojo Balmes approached our station to report a vehicular accident involving his brother, Enrique Balmes and Graciano Castillo infront of the Mindoro State College of Agriculture and Technology in Brgy. Masipit, Calapan City at around 9:00 AM of the same date;

2. That according to his affidavit, a certain Graciano Castillo was driving a black Ford F-150 with plate number AAA-111 at a very fast speed. Jojo Balmes’ brother, Enrique, was crossing the street in a pedestrian lane in front of the school when he was hit by the car of Graciano Castillo;

3. That during the incident, his brother was rushed to the MMG Hospital but was pronounced dead after one hour;

4. That I am attaching the Affidavit of Jojo Balmes together with the police report, medical certificate, death certificate and pictures of the crime scene.

5. That I voluntary executed this complaint for purposes of filing a criminal charges against GRACIANO CASTILLO.

PO1 MARK MENOR Affiants

SUBSCRIBED AND SWORN to before me this 14th day of January 2012 at Calapan City.

JOSE ALBERTO Assistant City Prosecutor






COUNTER AFFIDAVIT

I, GRACIANO CASTILLO, of legal age, single, and with postal and residence number at # 12 Sta. Maria Village, Calapan City, after having duly sworn in accordance with law, hereby depose and state that:

1. I am the one being charged in this case;2. I do drive a Ford F-150 with plate number AAA - 111;3. That while it is true that I hit a certain individual later known to

me as Enrique Balmes in front of the Mindoro State College of Agriculture and Technology in Masipit, Calapan City, the same cannot be attributed as my fault by rather the fault of the victim;

4. That the victim was not crossing a pedestrian lane but rather ran across the street while I’m just a few meters away and it’s too late for me to hit the breaks or avoid him;

5. That I am executing this affidavit to attest the veracity of facts mentioned above.

GRACIANO CASTILLO Affiant

SUBSCRIBED AND SWORN to before me this 17th day of January 2012 at city of Calapan. I likewise certify that I examined the affiant and I am satisfied that the foregoing is executed freely and she/he understood the same.

JULIO VALIENTEAssistant City Prosecutor






REPLY

I, PO1 MARK MENOR, of legal age, married, a police officer of the Calapan City PNP Station and with postal address at ABC Hall, Calero, Calapan City, after having duly sworn in accordance with law, hereby depose and state that:

1. That I received the Counter Affidavit of Graciano Castillo dated January 17, 2012;

2. That I am attaching the Sinumpaang Salaysay of David Villa, a fishball vendor who saw the incident and collaborated the Complaint-Affidavit of Jojo Balmes;

3. That in the said affidavit, Mr. Villa also stated that he was one of those who brought Enrique to the hospital and that Graciano Castillo failed to assist them;

PO1 MARK MENOR Affiants

SUBSCRIBED AND SWORN to before me this 20th day of January 2012 at Calapan City.

JOSE ALBERTO Assistant City Prosecutor






REJOINDER

I, GRACIANO CASTILLO, of legal age, single, and with postal and residence number at # 12 Sta. Maria Village, Calapan City, after having duly sworn in accordance with law, hereby depose and state that:

1. I received and read the Reply of PO1 Mark Menor and the accompanying Sinumpaang Salaysay of David Villa;

2. It’s not true that I did not exert effort to help the deceased victim as I stopped to see what happened but crowd started to gather and they are all mad at me. Some even threatening to cause me physical harm that’s why I distanced myself;

3. I still maintain that it was the deceased fault why I hit him by crossing the street all of a sudden;

4. That I am executing this affidavit to attest the veracity of facts mentioned above.

GRACIANO CASTILLO Affiant

SUBSCRIBED AND SWORN to before me this 23rd day of January 2012 at city of Calapan. I likewise certify that I examined the affiant

and I am satisfied that the foregoing is executed freely and she/he understood the same.

JULIO VALIENTEAssistant City Prosecutor






RESOLUTION

This resolves the complaint filed by PO1 Mark Menor against Graciano Castillo for Reckless Imprudence Resulting to Homicide.

As culled from the records are the following facts:

On January 13, 2011, Jojo Balmes approached the Calapan City PNP station to report of an accident wherein his brother Enrique was hit by Ford F-150 with plate number AAA-111 being driven by Graciano Castillo on the same day at around 9:00 AM in front of the Mindoro State College of Agriculture and Technology in Masipit, Calapan City. Enrique was rushed to the MMG Medical Center for treatment but was later declared dead.

For his defense, Graciano Castillo stated that he was not at fault because he claims that while he admit to hit Enrique, the later surprised him by crossing the street suddenly; when he has no chance to make evasive maneuvers.

PO1 Mark Menor, complainant, presented the affidavit of Jojo Balmes, various medical records and the affidavit of Mr. David Villa, a witness to the incident to prove his case.

Wherefore, after careful evaluation of the facts and evidence presented, it is respectfully recommended that GRACIANO CASTILLO be indicted for the crime Reckless Imprudence Resulting to Homicide and the attached information be approved for filing in court.

February 15,2011 Calapan City.

JOSE ALBERTO

Assistant Provincial ProsecutorApproved:

ROMAN RAPIDO Provincial Prosecutor






INFORMATION

The undersigned Prosecutor accuses GRACIANO CASTILLO of the crime of violation of RECKLESS IMPRUDENCE RESULTING TO HOMICIDE as per Article 365 (par. 2) of the Revised Penal Code, committed as follows:

“That sometime on January 13, 2011, in the City of Calapan, and within the jurisdiction of this Honorable Court, above-named accused, GRACIANO CASTILLO, then being the driver of Ford F -150 with plate number AAA-111, willfully and negligently in driving the

same while passing was along the national highway in front of the Mindoro State College of Agriculture and Technology , without due regard to the traffic laws, regulations and ordinances of the City of Calapan and without taking the necessary precautions to prevent the injury to person or damage to property, causing by such negligence, carelessness, and imprudence the said automobile to hit ENRIQUE BALMES killing the latter.

CONTRARY TO LAW.

JULIO VALENTE

Assistant Provincial Prosecutor

This is to certify that I have conducted the Preliminary Investigation in the above-captioned case and that there is an existence Probable Cause that would engender a well-founded belief that the accused is guilty and may be held for trial.


SUBSCRIBED AND SWORN to before me this 20th day of February 2011 at Calapan City.


REPUBLIC OF THE PHILIPPINESFOURTH JUDICIAL REGIONREGIONAL TRIAL COURT

Branch 39, Calapan City

PEOPLE OF THE PHILIPPINES, Plaintiff,

Versus Criminal Case No.214 - 96734 For: Reckless Imprudence Resulting to

Damage to PropertyGRACIANO CASTILLO Accused.x-------------------------------------------x

MOTION TO REDUCE BAIL

Accused, through counsel, respectfully alleges:

1. That the accused has been charged with RECKLESS

IMPRUDENCE RESULTING TO DAMAGE TO HOMICIDE and

that the bail for his provisional release has been set at

P350,000.00;

2. That the accused is the sole breadwinner in the family and his

wife is currently detained at the Philippine Correctional Facility

in Manila being a convicted illegal recruiter. Thus, no one will

take care of their 7 children if he will be incarcerated

preventively;

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

temporary liberty thereby allowing him to continue with his

gainful employment and perform his duty as head of the family

even though it will be hard for him being a single father;

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

Honorable Court and respectfully requests that his bail be

reduced to P100,000.00.

WHEREFORE, accused respectfully prays that his bail be reduced to P

100,000.00 Other relief just and equitable are likewise prayed for.

March 21, 2011 Calapan City

ATTY. HIPOLITO ESCUBAR Counsel for the Accused

PTR No.897867; 1/17/10;Manila IBP No. 124356; 1/15/10;Manila Roll No. 49000 MCLE No. 10-009384029

Telephone No. (02)444-5555

NOTICE OF HEARING AND EXPLANATION

THE BRANCH CLERK OF COURT

REGIONAL TRIAL COURTBranch 39, Calapan City

Greetings:

Please take notice that the foregoing Motion for Reduction of Bail

shall be submitted for the consideration and approval of the Honorable

Court on Friday, 27 March, 2011 at 10:00 a.m. or as soon as counsel and

matter may be heard.

Other party was served with this motion via registered mail due to

lack of man power, distance and impracticality of personal service.

ATTY. HIPOLITO ESCUBAR

COPY FURNISHED:

JULIO VALIENTEAsst. City Prosecutor City Prosecution Office – Calapan City




Versus Criminal Case No.214 - 96734

For: Reckless Imprudence Resulting to


PRE-TRIAL BRIEF

THE PEOPLE OF THE PHILIPPINES, through the undersigned

Assistant City Prosecutor, before this Honorable Court, most respectfully

submit this Pre-Trial Brief:

SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS

The following are the admitted facts:

1. The identity of the one charged in the information and that

of the person arraigned are one and the same;

2. The identity of Po1 Mark Menor the complainant;

3. That GRACIANO CASTILLO drove the car that killed

ENRIQUE BALMES;

4. The date and places of the commission of the crime.

EVIDENCE FOR MARKINGS

1. Affidavit of the Complainant: Purpose: To show that the Accused was the

one who caused the death of Enrique and that the latter’s brother, Jojo, was

the one who informed him of the crime ;

2. Affidavit of Jojo Balmes: as the brother of Enrique and the one who

approached the Complainant to inform him of the incident;

3.Affidavit of David Villa: Purpose: to corroborate the testimony of Jojo

Balmes and the truth behind the incident;

3. Affidavit of the accused: Purpose: to corroborate the testimonies of the

complainant;

I S S U E

Whether or not the accused committed the crime charged;

W I T N E S S E S

1. Complainant: to testify that the he was approached by Jojo Balmes to

facilitate the filing of the case.

2. Jojo Balmes: to corroborate the testimony of the Complainant,

particularly the fact that the his brother, Enrique was the victim.

3.David Villa: to attest to the contents of his.

TRIAL DATES

Specifically all Wednesday of the month, with the regular appearance

of the undersigned Prosecutors before this Honorable Court.

Respectfully submitted. April 01, 2011, Calapan City.

JULIO VALIENTE Asst. Provincial Prosecutor

Copy Furnished:

ATTY. HIPOLITO ESCUBARUnit 69, M and M CondominiumBinondo, Manila




Versus Criminal Case No.214 - 96734 For: Reckless Imprudence Resulting to


FORMAL OFFER OF EVIDENCE

Comes Now, the People, through the undersigned Prosecutor, and to

this Honorable Court, most respectfully submits the following Formal Offer

of Evidence;

EXHIBIT PURPOSE

“A” Affidavit of Complainant: To show that

the Accused was the one who caused the

death of Enrique and that the latter’s

brother, Jojo, was the one who informed

him of the crime ;

.

“B” Affidavit of Jojo Balmes: as the brother of

Enrique and the one who approached

the Complainant to inform him of the

incident

“C” Affidavit of David Villa: to

corroborate the testimony of Jojo Balmes

and the truth behind the incident

“D” Police Report of the Calapan City PNP

Station to corroborate the events that

transpired.

“E” Medical Certification from the MMG

Hospital to prove that Enrique Balmes

died due to injury sustained from the

accdent.

.

With the foregoing documentary and object evidences as well as the

testimonies of the witnesses, Prosecution hereby rests its case.

PRAYER

WHEREFORE, all the foregoing considered, it is respectfully prayed

for of this Honorable Court that this Formal Offer of Evidence be admitted,

duly noted and

made of record.

Such further and other reliefs just and equitable under the premises

are likewise prayed for.

Calapan City, May 30, 2011.

JULIO VALIENTEAsst. Provincial Prosecutor

Copy Furnished:

ATTY. HIPOLITO ESCUBARUnit 69, M and M CondominiumBinondo, Manila

Documents

Rekless Homicide