II.

RESOLUTION
A.
The Resolution lacks the appropriate legal basis that would prove the crime of
reckless imprudence resulting to slight physical injuries. The Prosecutor must include in the said
resolution the law that would be the basis of the conviction of the accused. However the resolution
completely stated the facts of the case and the evidences of the complainant that would help prove
the negligence of the accused.
B.
Yes, the investigating or filing prosecutor missed the matters that would link the
fault of the accused to the law. A violation of the law must be duly proven by the facts and
evidences presented however, the law that has been violated must also be stated to provide the
basis of the accusations against the accused.
C.
If I were the investigating prosecutor I would have included the law that was
violated as provided under the Revised Penal Code and the appropriate and relevant jurisprudence
that would be able to prove the guilt of the accused beyond reasonable doubt. Since in criminal
cases the guilt of the accused must be proven beyond reasonable doubt, the prosecutor must state
and provide all laws, facts and evidences that would convict the accused.
D.
If I am the Defense Counsel of the accused based on the Resolution I would opt
that the parties undergo mediation to settle the Civil Aspect of the case. If settlement would be
possible then it would be better for both the complainant and the accused.