Republic Of The Philippines

Office Of The City Prosecutor

Makati City

ART GEORGE BANDA TOBIAS,

Complainant,

-versus- NPS No. XV-05-INV-19E-1723

For: Reckless Imprudence Resulting
in Damage to Property
ABBIE ANNE WARE,
Respondent.
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RESOLUTION

This resolves the complaint filed by Art George Banda Tobias against Abbie
Anne Ware for reckless imprudence resulting in damage to property.
Complainant is the owner of a Chevrolet Sail vehicle with plate number WD
6833. On April 15, 2019 at around 1:00 P.M while driving along Magallanes Avenue
cor. EDSA, complainant alleges that he is occupying the left lane of the road while
respondent Abbie is occupying the right lane which she is driving a white Mazda car
with plate number CX7, owned by Marc Anthony Hillman, as they are traversing
Victoria Street. When they turned right to Magallanes Street, complainant alleges
that respondent’s car bumped into the rear passenger side of his car which resulted
to dent, scratch, and white paint marks on his car. Because of the damage,
complainant demanded Ms. Ware an amount of Php. 99, 532.00 for the repair of his
car damage.
For the respondents, they vehemently denied all the allegations of the
complainant.
In their counter-affidavit, respondents aver that there is no specific
determination by the Makati Central Police Station as to whom who is responsible for
the collision. Moreover, they claim that there are no on-site investigation and no
traffic police are present during the vehicular accident. Likewise, they claim that the
recommendation of the Vehicle Traffic Investigation Unit at the Makati Central Police
Station is for each party should pay for their own repairs and since the damage to
both cars is minor. Thus, respondents argue that the charges against them should
be dismissed.
As per the Traffic Accident Investigation Report, the initial report showed that
both vehicles are travelling along Magallanes Avenue from Victoria Street towards
EDSA North Bound Lane. When both vehicles turned right towards EDSA, the
collision ensued between the middle right side portion of complainant’s car and the
front left side portion of respondent’s vehicle. The investigation report made no
mention of a clear determination to who should be put to blame for the collision.
After careful evaluation of the evidence on record, this Office finds no
probable cause to engender a well founded belief to indict the respondents for
reckless imprudence resulting in damage to property.
It must be noted that both vehicles were turning right towards EDSA when
the collision happened. There is no evidence to prove that the respondent is the one
who jolted into complainant’s vehicle since both of the complainant and respondent
vehicles’ obtained damage from the collision. Likewise, there are also no
photographs of the contact point and the damage of complainant’s car which are
very vital for the proper determination of who is at fault for the collision. Hence, the
charge should be dismissed.

WHEREFORE, it is respectfully recommended that the complaint against Abbie

Ware for reckless imprudence resulting to damage in property be dismissed for
insufficiency of evidence.

KATHARINE B. PARADERO-GUZMAN
Assistant City Prosecutor