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Atty. Manuel J. Laserna Jr.

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Reckless imprudence resulting in
About Me damage to property; sample Blog Archive
Rejoinder filed in a preliminary ► 2019 (181)

► 2018 (1278)
investigation ► 2017 (970)

Atty. Manuel J. Laserna Jr.
Las Pinas City, Metro Manila,
Philippines
▼ 2016 (712)
This is a sample Rejoinder prepared by our law office in a case undergoing
► December (110)
preliminary investigation for reckless imprudence resulting in damage to property.
The issues involved were: legal capacity, intervention, hearsay, negligence, and ► November (51)

MANUEL J. LASERNA JR.- others. For legal research purposes of our readers. ► October (27)
Admitted to the Bar in 1985 (3rd
► September (16)
placer, 1984 bar exam, 90.95%).
Law professor of FEU, Manila, ► August (36)
“x x x.
1985 to 2006 (ret.). Educ.: AB
► July (40)
Journ., UP, Diliman, QC, 1975;
Bachelor of Laws (LL.B.), cum REJOINDER-AFFIDAVIT FOR AND IN ► June (24)
laude, FEU, 1984; Master of BEHALF OF RESPONDENT xxx ► May (34)
Laws (LL.M.), UST, (cand.),
Manila [as FEU fellow, 1998- ▼ April (92)
2000]. Honors: 3rd placer, 1984 - AND -
Void marriage license
Bar Exams (90.95%; only 22% by reason of a false
passed); Meralco pre-law SUPPLEMENTAL AFFIDAVIT BY affidav...
scholar; Cocofed law scholar;
UNDERSIGNED AFFIANT xxx AS A Hidden/unexplained
Cocofed management scholar
wealth of Duterte
(AIM, Makati); FEU fellow (LLM, CO-COMPLAINANT/
and family - ...
UST). Bar leader in southern CROSSCLAIMANT AGAINST xxx
Metro Manila area since 1995. Financial
(Respondent in NPS Docket No. xxx; rehabilitation;
Founded Las Pinas City Bar
period to give due
Assn (2001). Served as Complainant in NPS Docket xxx)
cours...
director/sec./vice pres., IBP
PPLM Ch., 1995-2007. Email - Powers of HLURB;
WITH powers of
mjlasernajr@gmail.com. Social
administrative
Media: agency a...
"facebook.com/attymannylaserna MOTION FOR ISSUANCE OF
jr" and "twitter.com/lcmlaw_ph". SUBPOENA AD TESTIFICANDUM HLURB has no power
to appoint a
View my complete profile rehabilitation rec...

Financial
I, xxx (“xxx”), xxx years old, Filipino, married to XXXA. XXX rehabilitation; 2008
Popular Posts rules vs. 2013
(“XXX”, the respondent in NPS Docket No. XXX), and residing at
rule...
Qualified theft defined; proper xxx, xxx Homes - xxx Subd., Xxx, Xxx City, under oath, respectfully
penalty explained Warrantless search; a
state: waiver of an illegal
Item No "x x x. The elements of
the crime of theft as provided for arrest ...
in Article 308 9 of the Revised
Irregularity/illegality of
Penal Code are as follows: (1)
I. INTRODUCTION. arrest (warrantless
t...
arr...

"Condemn Duterte Even 1. The subject matter of this pleading is the REPLY AND COUNTER- Laches bars recovery
If You’re A Supporter. of possession,
Your man may win and AFFIDAVIT, dated March 17, 2016, of xxx (“xxx”), the respondent ownership
become president but in
the process you have lost. In
in NPS Docket No. XXX and the complainant in NPS Docket No. Sale of lands by
making him a winner you have xxx. Moros;
made yourself a loser. " requirements under
See - X - Condemn Duterte Even Adminis...
If You’re A Supporter "x x x. By: 2. This pleading reiterates the allegations, arguments and citations of
Sale; remedies when
Carlos S. Hernandez Jr. When
he advocated for extrajudicial
the undersigned affiant contained in her previous pleading filed with price not paid.
killings ,... this Office, to wit:
 Contract of sale/deed
Oral defamation, slander - G.R.
“AFFIDAVIT OF XXX XXX IN HER CAPACITY AS CO- of sale vs. contract
No. 160351
to sell...
See - G.R. No. 160351 "x x x. COMPLAINING WITNESS IN NPS DOCKET NO. XXX IN
The issues are: (1) whether the Issue Raised for the
Court of Appeals erred in SUPPORT OF HER HUSBAND XXXA. XXX; AND AS First Time on
sustaining the conviction of Appeal is Barre...
petitioner ...
CORROBORATING WITNESS FOR HER RESPONDEN
XXXT HUSBAND XXX IN NPS DOCKET No. XXX; WITH When Supreme Court
Estafa (deceit/swindling) under may review factual
“MOTION TO INTERVENE” AS CO-COMPLAINANT OF findings in ...
Art. 315, Rev. Penal Code
For legal research purposes of HER HUSBAND XXXXXX IN CASE NO. xxx BEING THE Prescription in labor
my readers, may I share the
jurisprudential part of a motion
REGISTERED OWNER OF THE DAMAGED TOYOTA xxx cases; Arts. 1146,
1155 of C...
for reconsideration I have just WITH PLATE NO xxx”, dated 20 February 2016.
filed with the... Compromise
agreement;
Titling of public lands 3. It will be noted that, in her aforecited “AFFIDAVIT…”, dated 20 remedies when a
For purposes of legal research of party fails/...
February 2016, the undersigned affiant expressly alleged that she
foreign readers visiting this blog,
on the subject of the legal was executing the same in multiple legal capacities, to wit: Conduct prejudicial to
system involving the titling of the interest of the
public la... service...
(a) As an “Affiant” (i.e., ordinary witness);
Due process is
Estafa; sample counter-affidavit (b) As a “Co-Complaining Witness against Xxx” (being the opportunity to be
Below is a sample counter- heard.
affidavit prepared by Atty.
registered owner of the subject XXX family vehicle, i.e.,
Manuel J. LAserna Jr. involving Toyota Xxx, Plate No. XXX); Bias and partiality;
Estafa undergoing preliminary proof of.
investigation bef... (c) As the “Attorney-in-Fact and Wife of the Lead
Serious charge;
Complaining Witness XxxA. Xxx”; and penalty for gross
CRIMINAL NEGLIGENCE OF ignorance of the...
DRIVERS AND OPERATORS;
applicable laws; penalties; civil (d) As a “Collaborating Witness for Her Husband Xxx”. Filing/service of
liabilities. pleadings via
Reckless imprudence vis-à-vis private courier LB...
simple negligence . - Art. 365 4. In executing this Rejoinder-Affidavit the undersigned affiant
of the Revised Penal Code Territorial jurisdiction
continues to act pursuant to the aforecited multiple legal of trial courts
provides that “ reckless
imprudence cons... capacities.
Gross ignorance of
the law
Jurisdiction of Philippine courts
5. As earlier stated in the previous pleading filed by the Psychological
I am presenting below a brief
digest of the jurisdiction of undersigned affiant with this Honorable Office, her incapacity to marry;
Philippine courts as contained in Article 36, Fam...
BATAS PAMBANSA Blg. 129, as representative capacity in this case is evidenced by the
amended. for the ... Adoption of minor
Special Power of Attorney (SPA) executed by XXX which child
Judicial affidavit; expanded
expressly empowered the undersigned affiant to perform any
Demurrer to evidence
sample format and all of the following powers:
REPUBLIC OF THE Agency; Articles
PHILIPPINES xxx Judicial 1884, 1887, Civil
Region REGIONAL TRIAL “x x x. Code
COURT xxx, Rizal Branch No. xx
HEIRS OF SPS. SERAFIN xxx The violent genes of
To file, prosecute and defend my Duterte - Law
AND L...
said problem or case until its finality, student Duterte...
Contract to sell vs. contract of including with any other forum, with Employee Benefits
sale explained - G.R. No. under Philippine
188064 power to make counterclaims, avail of Laws | Nicolas ...
G.R. No. 188064 (click link) "x x discovery procedures, any and all
x. The Court’s Ruling The I have chosen Mar
petition lacks merit. The Court provisional and extraordinary remedies, Roxas and Leni
agrees with the ruling of... Robredo
and to file the proper action in court; to
appear in any hearings or proceedings or Resignation; burden
of proof - when an
Links action in any forum, including with the employer in...
courts, quasi-judicial bodies and Waiver, Release and
Ltigation, Appeals, Justice
government agencies, and out-of-court, Quitclaims; how
System - Laserna Cueva-
interpreted in...
Mercader Law Offices
especially for my said pending case; to
Reinstatement without
attend any hearing, pre- trial hearing or backwages; when
Followers conference or mediation , with power to allowed.

Mga sumusubaybay (310) make admissions and stipulations of facts Separation pay in lieu
of reinstatement;
and documents, to submit and/or approve when allo...
compromise proposals; to attend Probable cause does
subsequent hearings or conferences after not require an
inquiry whether...
the pre- trial or preliminary conference; to
implement and execute any compromise
 proposals or agreements; to sue and be Presumptive death;
requisites; strict
sued under any action or proceeding; to interpretati...
sign VERIFICATION AND
Republic Act No.
CERTIFICATION OF NON- FORUM 10766 -
EXTENDING THE
SHOPPING on any petition/complaint, LIFE OF THE...
amended or supplemental
BusinessWorld |
petition/complaint, motion, manifestation, Taxability of service
fees receive...
compliance or any paper, writing or
document; to waive any procedure in the The Liberal Party is
the Party of the
Rules of Court or other rules, including to People... - ...
waive any PLEADING, PRE-TRIAL OR It is not sound judicial
TRIAL PROCEDURE or any other policy to await the
final...
PROCEDURE in any forum; to sign, seal
Section 27, Rule 138
and execute any affidavit of whatever of the Rules of
kind and nature, or any document, Court, on the...

contract, agreement, compromises, A magistrate is

judged, not only by
receipts, or any other paper or writing in his official a...
relation thereto; and to sign, seal and Serious charge
execute all necessary documents,
Substantial evidence
contracts, agreements, affidavits,
Judges may be
compromises, receipts, petitions, disciplined for acts
complaints, answers, motions, committed prior...

verifications, certificates against non- Preventive

suspension
forum shopping and other pleadings,
Moral turpitude
including amendments and supplements
thereto; to cause the signing, sealing, Transgressions that
are classified as
execution of any complaint, motion, serious unde...
affidavit of whatever kind and nature, or Discipline of judges;
any document, contract, agreement, Section 1, Rule 140
of the R...
compromises, receipts, complaint-
"Condemn Duterte
affidavit, counter-affidavit, reply-affidavit, Even If You’re A
rejoinder-affidavit, letter or any other Supporter. Your ...

paper or writing in relation thereto; to hire I pray to God to save

the PH from frauds
and pay lawyer of counsel, to make and prete...
payments as are considered acts of strict
Pay Piatco, SC orders
dominion; to testify in any forum under gov’t | Inquirer
News
the limits allowed by law; to secure
witnesses, witnesses’ affidavits and all Final judgment;
injunction vs.
evidences; all pertaining to all the powers annulment of
judgme...
expressly and impliedly herein granted or
those bye necessary implication thereto. Once a judgment
attains finality, it
X x x.” becomes immut...

Will there be Bar

II. SPECIFIC REBUTTAL OF THE ALLEGATIONS AND exams in Cebu
City?
ARGUMENTS STATED IN THE REPLY AND COUNTER-
Tax law; compromise
AFFIDAVIT DATED MARCH 17, 2016, OF xxx (the and abatement
respondent in NPS Docket No. xxx and the remedies to the ...
complainant in NPS Docket No. xxx. Tax law; only five
years to collect |
BusinessMirr...

6. In re: Par. 1 of the abovementioned “Reply and Counter- Ex-fiscal Catubao

gets jail over P3k
Affidavit…”, dated 17 March 2016, of XXX, the undersigned bribe - Polit...
vehemently DENIES that the HEARSAY RULE under Sec. 36 The theft of "natural-
of Rule 130 of the Rules of Evidence “completely and born citizen" status
has bee...
absolutely” applies against her insofar as (a) the “entire
Which is the worst?
incident” and (b) its “relevant and material peripheral Computation of
backwages,
aspects” are concerned, the truth of the matter being that: separation pay in
labor ...
6.1. During the time of the subject incident my husband Moral and exemplary
XXX urgently called up my mobile phone to inform me damages,
attorney's fees;
that our family car was hit by XXX. when...

Discrimination based
At that time, my husband had just brought our child to on marriage or
non-marriage
her school inside xxx Homes in xxx (xxx).
Immorality as a basis
to dismiss a
Within a few minutes from the said telephone call, I worker: "...pre...
arrived at the scene of the incident, the reason being Rules of procedure
that our home is also located inside Xxx (i.e., the are designed to
secure substant...
nearby xxx).
BSP may be
represented by
At the time of my arrival, XXX was still seated inside private counsel; RA
7653...
his own car.
Judicial notice of case
records
I saw the damage to our car and to the car of XXX.
Violation of the chain
of command and
The first thing I checked, when I arrived at the scene, the felony o...
was the health condition of my husband. How to interpret the
Constitution
After 3o minutes from my arrival, a xxx security guard Jurisdiction of courts
told XXX to come out of his car to talk with us. over churches:
"Courts of t...

That was the only time; he went out of his car. Interpretation of
Constitution, laws:
"It is not t...
I saw a passing police officer, whose name I failed to "Corporation sole"
get. may own lands as
administrator ...

I requested him to follow up with the Xxx police Doctrine of

"corporation sole"
headquarters our need for an official xxx traffic police and the churches,
investigator to come to the scene of the incident, which d...

he did. The true spirit of

human politics is
stewardship, ...
(The xxx security guard had also earlier contacted the
Forfeiture proceeding
Xxx police/traffic bureau about the incident). is action in rem or
quasi in...

When the traffic investigators arrived at the scene, he Separate judgment,

Rule 36
investigated the vehicles involved and talked to XXX
and XXX, in my presence. Hold departure order
(HDO)

BusinessWorld |
We all went to the Xxx traffic bureau office on xxx Fictitious bank
Road, Xxx City, where we all gave our sworn accounts;
immediat...
statements (as parties and witnesses) using the official
BusinessWorld | Poe
Sworn Statement Form of the said bureau. and the false
promise of forei...
Then, we all went back to the scene of the incident, BusinessWorld | What
with the traffic investigators, as requested by the would the next
president’s Su...
investigators for further investigation of the scene.
The Left, the
Communists, the
Therefore, I had direct and personal knowledge of the Militants, and the...
incident and its relevant and material peripheral or Deportation of
immediate aspects from the time I arrived at the scene undesirable alien;
De Lima
(which was less than 20 minutes from the happening of nemesis’...
the incident), which included the following acts and Seven launderers of
events: the world; money
 laundering in...
(a) Execution by XXX, myself, and the Xxx Homes No corporate alibi in
labor cases;
(XXX) security guard in the person of xxx of our doctrine of "pi...
respective sworn statements, as witnesses, before the
Reckless imprudence
Office of the City Prosecutor, as borne by the Referral resulting in damage
to propert...
forwarded to this Honorable Office by the Xxx City
Police/Traffic Bureau; Republic Act No.
10755 - AN ACT
AUTHORIZING
(b) The taking by xxx and the undersigned affiant of THE P...

the photos of the incident and the damage to the Republic Act No.
10754 - AN ACT
vehicles; EXPANDING THE
BENE...
(c) The personal coordination by xxx and the Supreme Court
undersigned affiant with xxx, caretaker of the nearby Magistrate Details
3 Possible
xxx Bldg., who is the source of the digital record of the Scenar...
incident taken by the CCTV camera of the said Sample motion to
building; and defer issuance of
writ of executi...

(d) Other relevant and material activities, acts and Sample urgent motion
to inhibit and to re-
events related to the incident. raffle a...

Sample expanded
7. It should likewise be noted that that the following facts and joint judicial
affidavit of two wi...
documents referred to in the previous pleading of the
Sample motion for
undersigned affiant simply quoted in toto, for emphasis, reconsideration;
the sworn statements of XXX, the witness-security guard special affirma...
xxx, and herself, which are already part of the Record of
► March (91)
this case before this Honorable Office, as forwarded
► February (109)
thereto by the formal Investigation Report and Referral of
► January (82)
the Traffic Bureau investigator.
► 2015 (778)
7.1. It is a matter of record that in the MALAYANG
► 2014 (339)
SINUMPAANG SALAYSAY, dated January 8, 2016,
► 2013 (468)
of XXX, which was sworn to by him before Senior
► 2012 (670)
Assistant City Prosecutor xxx, and which was
submitted by him to xxx to form part of the latter’s ► 2011 (489)

formal Investigation Report and Referral which the ► 2010 (285)

said police officer had filed with this Honorable Office ► 2009 (235)
for preliminary investigation, XXX stated, thus: ► 2008 (182)

► 2007 (114)
“Papalabas ako sa Xxx Home
Subd. Nagtratrapik ang village
security in between xxx at Xxx Total Pageviews
Home (Intersection). Pinastop ng
7,725,555
village security ang isang
Montero para padaanin ako,
habang paliko na ako at
pinagbigyan na ako ng Montero
biglang sumulpot ang isang
izusu D Max. Mabilis ang takbo
ng D Max na sumulpot sa likod
ng Montero”.

7.2. It is a matter of record that in the MALAYANG SINUMPAANG

SALAYSAY, dated January 8, 2016, of XXX, the eye-witness
Security Guard of Xxx Homes assigned to the entry-exit gate of
the said village on the date and time of the subject incident,
 which was sworn to by him before Senior Assistant City
Prosecutor xxx, and submitted by him to the XXX to form part of his
formal Investigation Report and Referral to this Honorable Office for
preliminary investigation, the said affiant-witness XXX stated, thus:

“Isang banngaan naganap sa

tapat ng XXXBuilding dakung
alas seyete nag umaga or 7:00 am
sa may Xxx Xxx corner Xxx
Homes. Ang Toyota Xxx XXX ay
palabas nga galing sa loob nag
xxx homes at eto ay tatawid sa
kabilang kalsada, inasis ko ang
Toyota Xxx upamg madali
siyang makatawid at nung
nakalabas na yung harapan (ng)
Toyota isang sasakyan ang
bumangga sa Toyota Xxx. Ito ay
xxx. Mabilis ang takbo nang Isuzu
kaya nabangga niya ang
papatawid na Toyota Xxx. Dahil sa
bilis nag takbo nag Isuzu nawasak
ang harapan nag Toyota Xxx sa
sobrang lakas nag impak na
tumama sa harapan nag Toyota
Xxx kaya wasak na wasak ang
harap. Traffic ang isang linya
papunta ng Casimiro kaya
pinahinto ko ang Montero sa
kabilang linya na sinusundan
nya (XXX) para makadaan ang
Toyota Xxx, Nang nasa kabilang
linya na ang Toyota Xxx
nabangga na ng Isuzu ang
Toyota Xxx.”

7.3. It is a matter of record that in the MALAYANG SINUMPAANG

SALAYSAY, dated January 8, 2016, of the undersigned affiant,
as a witness, as the registered owner of the subject Toyota Xxx,
with Plate No. xxx and as the attorney-in-fact of XXX, which was
sworn to by the undersigned affiant before Senior Assistant City
Prosecutor Xxx, and which was submitted by her to XXX to form
part of his formal Investigation Report and Referral to this Honorable
Office for preliminary investigation, the undersigned affiant stated,
thus:

“Nasa bahay ako tumawag ang

aking asawa (XxxXxx). Sinabi na
sya ay binangga ng isang Isuzu
D-Max XXX na minamaneho ni
xxx Xxx. Pagdating ko sa xxx (St.)
kung saan nagyari ang aksidente,
tinanong ko ang aking asawa sa
nangyari at napaliwanag nya sa
akin ang buong detalye. Nagpunta
kame sa Traffic (Bureau) office sa
 xxx (Ave.) para mag ayos, subalit
walang nangyari. Kaya nagsampa
kame ng reklamo laban Mr. Xxx”.

7.4. Nothing in the previous pleading filed by the undersigned affiant

misrepresented that she had personally witnessed the actual
happening of the subject incident.

But that does not render her an incompetent witness insofar as the
“relevant and material peripheral and surrounding
facts/circumstances” that occurred “immediately after the
incident up to the time of the completion of the police
investigation records” (e.g., sworn statements of XXX, herself,
XXX, and even XXX himself, photos of the damages to the vehicles,
CCTV digital record of the incident, etc.) are concerned.

8. In re: Par. 2 of the abovementioned “Reply and Counter-

Affidavit…”, dated 17 March 2016, of XXX, in re: the alleged
lack of legal right/capacity of the undersigned affiant to
intervene at the preliminary investigation stage of the
instant case (a) as the registered owner of their family car
and (b) as the legal representative of XXX, the same is
DENIED for lack of merit, the truth of the matter being that:

8.1. Nothing in Sec. 1, Rule 111 of the Rules of Court

expressly and absolutely prohibits the timely
intervention by the undersigned affiant -- as an
indispensable party in-interest, being the registered
owner of their damaged family/conjugal car of the
Spouses XXX -- at the “preliminary investigation
phase” of this case for the “initial purpose” of

(a) Establishing “probable cause”,

(b) Determining the “amount of damages claimed”

by the Spouses XXX,

(c) Determining the “legal ownership” of the

family/conjugal vehicle of the Spouses XXX, and

(d) Other facts and aspects of this case as may be

deemed relevant and material by the Investigating
Prosecutor in writing his Resolution and in
preparing the allegations to be included in the
Information to be filed by him.

8.2. Sec. 1, Rule 111 -- which speaks of the “implied

institution of the civil action”, the “reservation of the
civil action”, prohibition against the filing by the parties
of a “counterclaim, crossclaim, or third-party
complaint”, and the enforcement of the civil claim ex
delicto -- refers to AN ACTUAL CASE ALREADY
FILED IN THE TRIAL COURT, that is, it refers to the
actual phase of the criminal prosecution process
(a) when the Information has “actually been filed in
the trial court” and (b) will soon be “litigated on the
 merits” by the Office of the City Prosecutor in the
trial court.

8.3. The undersigned affiant quoted Secs. 1 and 2, Rule

19 (Intervention)[1] of the Rules of Court in her
previous pleading, ONLY BY ANALOGY, simply to
stress the fact that she has the right to directly
participate/intervene in this case -- as an ordinary
witness, as the registered owner of their
family/conjugal vehicle, and as the attorney-in-fact of
XXX -- even at the preliminary investigation phase
thereof, solely for the purpose of proving the
presence of her legal and pecuniary interest in the
subject matter thereof, which
participation/intervention of hers will greatly aid the
Investigating Prosecutor in the DETERMINATION OF
PROBABLE CAUSE and the various facets and
aspects thereof as he writes his Resolution in this
case.

8.4. It should be noted that the undersigned would be

unjustly deprived of the locus standi of a claimant of
civil damages[2] in the criminal case to be later filed
in the trial court if and when she is not allowed by the
Investigating Prosecutor to intervene and present
evidence in support of her legal interest and her locus
standi as soon as possible, that is, during the
mandatory preliminary investigation phase of this
case.

Her early intervention at the preliminary investigation

phase of this case will give the Investigating
Prosecutor the early opportunity to allege in the
Information to be filed with the trial court the name and
locus standi of the undersigned affiant in the criminal
case vis-à-vis the civil aspect thereof, so that her name
could be “listed” in the Information “as a witness and
as a co-private complainant” for purposes of the
issuance of the subpoenas/notices of hearings by the
trial court during the trial phase of the case to complete
the details to be stated in the Information.

9. In re: Pars. 3 to 3.4 of the abovementioned “Reply and Counter-

Affidavit…”, dated 17 March 2016, of XXX, the same is DENIED, the
truth of the matter being that the CRIMINAL NEGLIGENCE and the
DELICTOUS RECKLESSNESS AND LACK OF CARE AND
FORESIGHT of XXX are shown by the following facts, as earlier
discussed in the previous pleading of the undersigned affiant and as
shown in the documents attached and forwarded to this Honorable
Office by the Police Report and Referral of the traffic investigator:

(a) The MONTERO traversing xxx St. westward to

Xxx Xxx St. of Xxx was already ON FULL
STOP, as commanded/guided by XXX, the
security guard of Xxx Homes, to give priority
 to the slow exit of the car being driven by
XXX.

(b) XXX did not stop.

(c) As alleged by XXX and security guard /witness

XXXin their sworn statements, instead of
stopping behind or at the side of the stopped
MONTERO, XXX, in an overspeeding manner,
overtook the MONTERO, which, as earlier
stated, was already on full stop.

(d) XXX knew fully well that his vision of the space
ahead of him was totally obstructed by the
stopped MONTERO.

(e) Thus, XXX recklessly hit and damaged the

right frontal part of the car being driven by
XXX.

(XXX damaged the left frontal part of his own

car up to almost the second door thereof).

(f) The speed limit in XXX is 30 KPH only.

This fact is not rebutted by XXX in his own

pleadings.

In fact, in Xxx Homes, where the undersigned

affiant and XXX live, the speed limit is much
lower at 15 KPH only.

(g) XXX does not deny the fact that in front of the
scene of the incident is the xxx SCHOOL
located along xxx St. near and alongside the
gate of Xxx Homes.

In such a school zone, a driver must slow

down below the maximum speed limit for the
protection of the school children.

XXX did not slow down, per the sworn

statements of XXX and XXX.

Instead, he overtook the stopped MONTERO at

the right, that is, he made an illegal overtake
on the right side of the stopped MONTERO.

(h) It is a judicial notice that the width of xxx St.

can hardly accommodate two (2) big vehicles at
the same time.

If a vehicle would overtake from the right on the

said street, as XXX did, he would be forced to
eat up a part of the canal lane on the right side
of the said street.
 (i) The photos of the incident that the damage to
the car of XXX was located at its frontal left part
(including its frontal left tire, which was
flattened by his impact up to almost the
second door of his car).

The flat tire in his car caused by the impact was

not rebutted by XXX.

If XXX was not in a hurry, he would not

sustained such a huge and long self-inflicted
line of damage to his car (ranging from the left
frontal part of the car up to almost the second
door thereof).

(j) If XXX was in a hurry or was reckless, the right

front and middle part of his own car would have
been hit by XXX.

But it was not so.

XXX was moving slowly, while being guided by

the security guard XXX, as xxx slowly exited the
gate of Xxx Homes, tuning left westward to xxx
St.

9.1. To repeat: XXX had the legal duty under the Land
Transportation and Traffic Code to slow down and
give way to the exiting vehicle of XXX, considering
that at that time, the MONTERO in front to him had
already been on FULL STOP.

XXX cannot validly argue that he had the legal right of

way because he was coming from the right of XXX and
because he was traversing a main road (xxx St.), the
reasons being that at the time of the impact the car
drive by XXX was already in the middle of the main
road and that the MONTERO in front of XXX had
already been put of FULL STOP by the security
guard XXX.

A driver who has the theoretical legal right of way

must give way to the other vehicle which was already
in the middle of the intersection to make a turn, as
provided in the aforecited Code, more so

(a) when the car [Montero] in front of such driver

[Xxx] was already on full stop as ordered by a
security guard;

(b) when the location of the incident is a SCHOOL

ZONE; and

(c) when the involved road is not very wide as to

accommodate an illegal overtake by a second
vehicle on the right side of the first/stopped vehicle
Montero).
 This is the doctrine of LAST CLEAR CHANCE in
Torts and Damages Jurisprudence.

III. URGENT EX PARTE MOTION FOR ISSUANCE OF

SUBPOENA AD TESTIFICANDUM TO “XXX”, with
address at: “XXX Bldg., Block xxx, Lot xxx, xxx St.,
Xxx, , Xxx City” to AUTHENTICATE the digital
recording of the subject incident captured by the
CCTV camera of the said building, being the
CARETAKER of the said building and its CCTV camera
and being THE SOURCE thereof.

10. In the interest of justice, and invoking the broad powers of the
Investigating Prosecutor to subpoena any witness who might be able
to aid him in his preliminary investigation of a case, the undersigned
affiant, as the legal representative of XXX, hereby moves that a
SUBPOENA AD TESTIFICANDUM be issued to “XXX”, with
address at: “XXX Bldg., Block xxx, Lot xxx, xxx St., Xxx, Xxx
City” to AUTHENTICATE the digital recording of the subject
incident captured by the CCTV camera of the said building,
being the CARETAKER of the said building and its CCTV
camera and being THE SOURCE thereof.

The said evidence was previously submitted to this Honorable Office

as part of the previous pleading of the undersigned affiant in behalf
of her husband/principal XXX.

For this purpose, the undersigned affiant submits to the preference

of the Investigating Prosecutor whether or not he would deem it
proper and necessary (a) to subpoena Mr. xxx and (b) to hold a
special hearing for such purpose.

IV. RELIEF.

WHEREFORE, in the interest of justice, it is respectfully

prayed that XXX be INDICTED for the felony of RECKLESS
IMPRUDENCE RESULTING IN DAMAGE TO PROPERTY.

FURTHER, the undersigned affiant respectfully prays that her

INTERVENTION, as a CO-COMPLAINANT of her husband XXXXXX
in re: Case No. xxx, supra, be GRANTED and that her previous
pleading be deemed as her Complaint-In-Intervention.

FURTHERMORE, it is respectfully prayed that the SPECIAL

POWER OF ATTORNEY executed by XXXXXX in favor of the
undersigned Affiant as his Attorney-In-Fact and Legal
Representative for purposes of the litigation of the abovecaptioned
two (2) consolidated cases be duly NOTED.

FURTHERMORE, that a SUBPOENA be issued to XXX, with

address at: XXX Bldg., Block xxx, Lot xxx, xxx St., Xxx, Xxx City to
authenticate the digital recording of the subject incident
captured by the CCTV camera of the said building, being the
caretaker of the said building and its CCTV camera and being the
source thereof.

FINALLY, the undersigned respectfully prays for such and

other reliefs as may be deemed just and equitable in the premises.

Xxx City, 28 March 2016.

XXX XXXXXX
Affiant

SUBSCRIBED and sworn to before me in Xxx City on 29

March 2016.

Xxx
Investigating Assistant City Prosecutor

Copy Furnished:

XXX
Respondent in NPS Docket No.
XXX;
Complainant in NPS Docket No.
XXX
(Represented by Atty xxx)

File Copy

[1] “SECTION 1. Who may intervene.—A

person who has a legal interest in the matter in
litigation, or in the success of either of the
parties, or an interest against both, or is so
situated as to be adversely affected by a
distribution or other disposition of property in the
custody of the court or of an officer thereof may,
with leave of court, be allowed to intervene in the
action. The court shall consider whether or not the
intervention will unduly delay or prejudice the
adjudication of the rights of the original parties,
and whether or not the intervenor’s rights may be
fully protected in a separate proceeding. (2[a],
[b]a, R12).”
“SEC. 2. Time to intervene.–The motion to
intervene may be filed at any time before
rendition of judgment by the trial court. A copy
of the pleading-in-intervention shall be attached to
the motion and served on the original parties. (n).”

[2] By analogy, see the doctrine in RICAZARTE vs. CA, et. al., GR 160451,
February 9, 2007 -

“x x x.

Under Section 16, Rule 110 of the Rules of Criminal Procedure, the offended
party may intervene in the criminal action personally or by counsel, who will act
 as private prosecutor for the protection of his interests and in the interest of
the speedy and inexpensive administration of justice.

A separate action for the purpose would only prove to be costly, burdensome
and time-consuming for both parties and further delay the final disposition of
the case.

The multiplicity of suits must be avoided.

With the implied institution of the civil action in the criminal action, the two actions
are merged into one composite proceeding, with the criminal action
predominating the civil.

X x x.”

Posted by Atty. Manuel J. Laserna Jr. at 6:10 AM

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