Republic of the Philippines

Office of the City Prosecutor

Pasig City

MARY JULIE M. MCHARGUE in behalf of

Her husband HAROLD MCHARGUE JR. y OIRA,
Complainant,
I.S. No. XV-14-INV-20A-00041
- versus - For: Reckless Imprudence
Resulting in Serious Physical
Injury

GREGORY CO y LEE,
Respondent.

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RESOLUTION

This resolves the complaint for Reckless Imprudence resulting in Physical Injury
filed by complainant Mary Julie M. Mchargue in behalf of her husband Harold Mchargue
Jr. y Oira against respondent Gregory Co y Lee.

In support of the complaint, the complainant submitted the following

documents:

1) Original copy of the Sinumpaang Salaysay of Mary Julie M. Mchargue

dated 14 January 2020;
2) Original copy of the Malaya at Kusang Loob na Salaysay of Harold
Mchargue, Jr. dated 10 December 2019;
3) Original copy of the Malaya at Kusang Loob na Salaysay of Gregory Co
dated 10 December 2019;
4) Original copy of the Traffic Accident Report Form dated 10 December
2019;
5) Photocopy of the Medico-Legal Certificate dated 11 December 2019;
6) Photocopy of the Barangay Identification Card of Mary Julie M.
Mchargue;
7) Photocopies of the Official Receipt No. 1458042574, Certificate of
Registration dated 03 August 2017 and Driver’s License of Harold
Mchargue, Jr.;

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 When the relatives of the complainant arrived, they went to the police station for
documentation. At the police station, the complainant’s son Harold Jhasper Mchargue executed
an agreement wherein they agreed that they will no longer file a case against him after he gave
the amount of Php80,000.00 to settle his father’s medical bills. He insisted that he has exercised
due diligence in driving his car. He alleged that it is very confusing for motorists like him to
pass through Julia Vargas Avenus as there were metal studs in between lanes that may have
been a contributing factor why complainant’s motorcycle bumped his car.
In her Reply-Affidavit, complainant’s wife Mary Julie Mchargue referred to the separate
statements made by her husband and son regarding the incident and stated that it was clearly the
negligence of the respondent which caused injuries to her husband and damages to his vehicle.
In his separate Affidavit, Harold Mchargue, Jr. alleged that he was slowly driving his vehicly at
20-30 kph when respondent suddenly appeared from his left side, bumped and dragged him and
his vehicle on the gutter side of the road. In his own affidavit, Harold Jhasper Mchargue alleged
that based on his conversation with the respondent at the Eastern Police District, the latter
admitted that he did not see the victim when the collision happened. He alleged that he was
constrained to accept the amount of Php 80,000.00 from the complainant as needed funds to pay
the required hospital deposit.
After carefully evaluating the evidence presented, this Office finds sufficient evidence to
charge respondent Gregory Co y Lee with Reckless Imprudence resulting in Serious Physical
Injuries.
Article 365 of the Revised Penal Code provides:

Article 365. Imprudence and negligence. - Any person who, by reckless

imprudence, shall commit any act which, had it been intentional, would
constitute a grave felony, shall suffer the penalty of arresto mayor in its
maximum period to prision correccional in its medium period; if it would have
constituted a less grave felony, the penalty of arresto mayor in its minimum
and medium periods shall be imposed; if it would have constituted a light
felony, the penalty of arresto menor in its maximum period shall be imposed.

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 By the complainant in his affidavit, is evidentiary in nature, the determination of which
can be better weighed in the Court proceedings. It is the trial court which is in the best position
to ascertain whether or not respondent’s narration of the event as supported by his documentary
evidence is more credible and more likely than the narration of the complainant in his affidavit.
Moreover, this Office gives due weight to the statements made by the Investigating
Officer PSMS Allan V. Mapula that “the characteristic of force applied on the damaged portion
of the hatchback was toward the rear, implying that the motorcycle was sideswiped by the
hatchback”. This statement in the Traffic Accident Report Form embodies entries made by a
public officer in the performance of his duties and are thus considered prima facie evidence of
the facts stated therein.
In view of the foregoing this Office finds probable cause to engender a well-founded
belief that the crime of Reckless Imprudence resulting in Serious Physical Injuries was
committed and that respondent is probably guilty thereof and should be held for trial.
WHEREFORE, premises considered, the respondend Gregory Co y Lee is hereby
CHARGED with RECKLESS IMPRUDENCE RESULTING IN SERIOUS PHYSICAL
INJURIES in an Information to be filed with the Metropolitan Trial Court of Pasig City.
Bail is not necessary unless required by the court.
Pasig City, 21 February 2020.

ROWENA M. SIMBAHAN
Assistant City Prosecutor
Investigating Prosecutor

APPROVED BY:

NOEL B. PAZ
OIC-City Prosecutor
(as per Department Order No. 430 dated August 19, 2019)

Copy furnished:
MARY JULIE M. MCHARGUE
Complainant
304 Libis Nadurata Street
Barangay 20, Caloocan City 1400

GREGORY CO LEE
Respondent
144 Sampaguita Street
Valle Verde
Brgy. Ugong, Pasig City 1604