Legend: DC 1 – Defense Counsel 1 Q – Question
DC 2 – Defense Counsel 2 A – Answer
P – Prosecutor M – Mother
W – Witness TD – Truck Driver
MD - Motor Driver EC – Emma Cruz
All rise, please, by the order of the Honorable Judge Leonor S. Quinones,
court session is hereby declared open and silence is hereby enjoined.
Please remain standing for the prayer. ~
PRAYER: Almighty God, we stand in Your Holy Presence as our Supreme
Judge. We humbly beseech You to bless and inspire us so that what we
think, say, and do will be in accordance with Your will. Enlighten our
minds, strengthen our spirit, and fill our hearts with fraternal love,
wisdom, and understanding, so that we can be effective channels of
truth, justice, and peace. In our proceedings today, guide us in the path
of righteousness for the fulfillment of Your greater glory. Amen.
COURT INTERPRETER: FOR THE FIRST CASE, CRIMINAL CASE NO: 19-23049,
PEOPLE VERSUS ROEL PARILLA PALMORES AND ALLAN DANIEL OBEHERO
FOR THE CRIME OF RECKLESS IMPRUDENCE RESULTING TO HOMICIDE.
Judge: Appearances…
PROSECUTOR: Good EVENING, Your Honor, Atty. Jinnan Banding
respectfully appearing for the State.
DEFENSE COUNSEL 1: Good evening, appearing For the accused, Mr. Allan
Daniel Obehero, Atty. Louise Lagcao
DEFENSE COUNSEL 2: Good evening, appearing For the accused, Mr. Roel
Palomares, Atty. Sittie Rainnie Baud
{PROSECUTION 1ST WITNESS-DIRECT}
PROSECUTOR: We are ready to present our witness, Your Honor
DEFENSE COUNSEL 1: Your honor, we would like to ask if there
are other witnesses in the courtroom. And may we request that they
be excluded while their first witness is testifying?
Judge: ok get out.,
(DIRECT EXAMINATION - WITNESS JASTENE)
INTERPRETER: (Swearing the witness.) DO YOU SWEAR TO
TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE
TRUTH IN THIS PROCEEDING?
EYEWITNESS JAS: Yes, Ma’am.
INTERPRETER: Please sit down and kindly state your name,
address and other personal circumstances.
W: MY NAME IS JOY AZARCON, 29YRS OLD, MARRIED, A
RESIDENT OF BRGY BARA-AS ILIGAN CITY.
INTERPRETER: The witness is ready, Your Honor.
PROSECUTOR: Presenting the testimony of the witness Your
Honor to prove that on Aug 24, 2019, two drivers willfully,
unlawfully and feloniously maneuver and operate each of their
driven vehicle in a negligent and reckless manner, without
taking necessary precautions to avoid injury to other person,
which caused the death of the victim. And to identify the
accused and other matters related thereto.
P: Ms witness, in connection with this case, can you recall having
executed a Judicial affidavit?
W:
P: If this JA is shown to you, will you be able to identify it?
W:
P: Showing to you this JA.. -showing the JA
P: Ms witness, kindly go over this and tell the court if this JA you P: While you’re opening the shop, did you notice something unusual
executed around?

W: W: yes...

P: On the last page of the affidavit, there is a signature on top of your (OBJECTION – Defense Counsel 2 Leading Question)
name. Whose signature is that?
P: (if SUSTAINED : Rephrase the question) While you’re opening the
W: shop, what did you notice?

P: Before you signed this affidavit, were you able to read it? W: I saw this huge truck moving very fast and swerving in an abrupt
and careless manner and a motorcycle, which suddenly sprang out
W: of nowhere and bumped the truck.

P: Did you understand the contents of this Judicial affidavit? P: You said that this huge truck was moving very fast, how fast?

W: W: At around 50 km/h.

P: Do you affirm and confirm the truthfulness of all the statements P: What happened next?
you made in this affidavit?
W: I saw the motorcycle driver jump off and a kid thrown off the
W: motorcycle.

P: Your honor, we would like to have this document marked as P: What happened to the motorcycle driver and his passenger?
Exhibit A.
W: The driver of the motor fell motionless. And the student
Judge: *ok passenger was run over by the truck, causing injuries to her body.

P: Ms Witness, where were you at approximately 8:30 in the morning P :What did the truck driver do?
on August 24, 2019?
W: The driver was just there on the spot. He didn’t leave the truck.
W: I was outside the shop, SP Motor Parts Accessories and Repair
Shop. P: In connection with this case, can you recall having executed a
Judicial Affidavit ?
P: Why were you there?
W: Yes
W: I am an employee of said shop, and I was about to open it for
business for the day. P: Showing to you a Judicial Affidavit consisting of 2 pages, Miss
witness kindly go over this and tell the court if this is the Judicial
Affidavit you executed.
W: Yes This is the Judicial Affidavit I executed. Q: So despite being occupied, you were able to witness the whole
incident, is that what you’re saying?
P: On page 2, there is a signature on top of the name, whose
signature is that? A: Yes.

W: that is my signature. Q: Would you agree with me, that it is logical that when you open a
shop from the outside, you would normally be facing the shop and
P: Before you signed this affidavit, were you able to read it? not the road fronting it?

W: Yes. A: Yes.

P: Do you affirm and confirm the truthfulness of all the statements Q: So would you also agree that the time you were opening the
you made in this Judicial Affidavit? shop, you were NOT FACING THE HIGHWAY?

W: Yes. A: …Yes.

P: You Honor, we would like to have this document marked as Q: So are you saying that you were not able to see the whole
“Exhibit A” incident, including the circumstances leading to the impact?

P: No further question, Your Honor. A: NO. I was able to ….

J: CROSS? - No further questions your honor-

CROSS EYEWITNESS BY DC 1 - JASTENE J: ok next witness.

Q: You said that at the time of the incident, you were opening the
shop SP Motor Parts, So when you say opening the shop, this
includes acts such as unlocking of the padlocks, the rolling up of the (DIRECT EXAMINATION – POLICE- DONLY)
metaflex doors, AM I CORRECT?
P: We are ready to present our next witness your Honor
A: Yes.
INTERPRETER: Please sit down and kindly state your name,
Q: So does that mean that you were occupied at that time of the address and other personal circumstances.
incident,doing your usual morning errands?
P: MY NAME IS JIMAR RAMIREZ LEGAZPI, 38YRS OLD, AND
A:uhmm.. I was kinda busy RESIDENT OF BRGY. TAMBO ILIGAN CITY

Q: So you were busy? INTERPRETER: The witness is ready your honor

A: Yes.
 P: Our next witness, is a TRAFFIC INVESTIGATOR and the Q: Did you understand the contents of this affidavit?
purpose of his testimony is to :
A: Yes.
- Establish that a vehicular incident had happened on
August 24, 2019 and involving herein accused. Q: Do you affirm and confirm the truthfulness of all the
statements you made in this Affidavit of Apprehension?
- And to identify his affidavit of apprehension.and
other documents related thereto A: Yes.

Q: In connection with this case, can you recall having executed an P: Your Honor, we would like to have this document marked as “Exhibit
Affidavit of Apprehension? B”

A: YES. Q: How long have you been in your current profession?

Q: If this affidavit of apprehension is shown to you, will you be able to A: More than 10 years, Ma’am.
identify it?
Q: Where were you on August 24, 2019?
A: YES.
A: I was on duty at my designated station.

Q: Did anything happen on that day?

Q: Showing to you this Affidavit of Apprehension consisting of 2 pages.,
-Show-
Q: Mr. Witness, kindly go over this and tell the Court if this is the
Affidavit of apprehension you executed.
A: Yes. At around 8:53am more or less of Aug. 24, 2019, my traffic unit
received a radio call from ICPO COMEL at Brgy. Tipanoy, informing
that a traffic incident transpired at National High-way of Purok 1A of
Brgy. Tomas Cabili, in front of SP Motor Parts and Accessories and
Repair Shop, involving a dump truck and motorcycle.
P: What happened next?

A: This is the affidavit of apprehension I made. A: Me and my traffic unit immediately responded and proceeded at the
said place of the incident to verify the veracity of the said report.
Q: On page 2, there is a signature on top of the name. Whose signature
is that? P: Upon arrival , what did you do?

A: That’s my signature. A:Upon arrival, I immediately investigated the scene and thereafter, I
apprehended both the driver of the dump truck and motorcycle, whom
Q: Before you signed this affidavit, were you able to read it? were identified as Allan Daniel and Roel Parilla, respectively, and
temporarily put them into custody at Police Station 2, Nonucan, Brgy.
A: Yes, I’ve read it. Ma. Cristina.
Q: What happened next?
A: After their apprehension, I continued my investigation by questioning
the driver of the dump truck and bystanders who were able to witness
the incident.
Q: What was the result of the investigation?
A: I was able to produce a rough sketch of the said incident from the
narration of the bystanders and the driver of the dump truck.
Q: If I were to show you the sketch, will you be able to identify it?
A: Yes, Ma’am.
P: Is this the sketch you were telling us?
[Prosec shows a copy of the sketch to witness and witness nods]
A: Yes
P: Your Honor, we would like to have this sketch marked as Exhibit C.
P: May I proceed your honor?
Q: Can you enlighten us about the sketch?
A: The sketch shows that the truck was on the national highway
fronting SP Motor Parts, Accessories, and Repair Shop at Brgy.
Tomas Cabili, when the incident happened, where the left handle of
the motorcycle was hit by the front right side of the dump truck.
Q: Based on your investigation, who is at fault? [OBJECTION?
Defense Counsel 2 - Calls for an opinion]
P: Your honor his opinion is based on an investigation duly
conducted by the witness as an authorized investigating officer
J: ok next witness
[if sustained, rephrase : “
[if overruled: donly will answer]
A: Based on the investigation I conducted, the motorcycle driver is at
fault.
Q: Do you have proof? [OBJECTION – Defense Counsel 1- leading!]
“What makes you arrive at that conclusion?
A: I arrived at that conclusion after having conducted a thorough
investigation of the incident, and based on the findings of such
investigation, the motorcycle is at fault, because the dump truck at the
time of incident was on the proper lane and moving at a reasonable
speed of around 30km/hr, when the motorcycle suddenly swerved to
the left in front of the truck coming from the right side of the truck as if
to overtake said truck, and it was then thereafter when the unfortunate
incident occurred.
Q: I am going to show you photos of the incident, can you identify if
you were the one who took these photos?
A: Yes, Ma’am.
[Prosec shows photos and witness nods]
A: Yes these are the photos I tooked.
P: Your Honor, we would like to have these photographs marked as
Exhibits D to D-13
J: OK. mark it.
-That would be all for this witness, Your Honor-
Judge: CROSS??
D: NONE YOUR HONOR.
(DIRECT EXAMINATION - DOCTOR- JASTENE)
 PROSECUTOR : We are ready to present our witness, Your Honor
INTERPRETER: (Swearing the witness.) DO YOU SWEAR TO
TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE
TRUTH IN THIS PROCEEDING?
DOCTOR: Yes maam,
INTERPRETER: Please sit down and kindly state your name,
address and other personal circumstances.
DOCTOR: I AM DR. LOVELLE DITUCALAN, 29 YEARS OLD, AND
A RESIDENT OF BRGY TIBANGA ILIGAN CITY.
P: Your honor, our next witness is the attending physician of the
deceased, and her testimony is offered to prove the
corpus delicti and to establish the cause of death of the
victim.
Q: What is your profession?
A: Licenced physician at Mercy Community Hospital
Q: How long have you been working in your current profession?
A: I have been working as a licensed physician for 4 years
Q: Where were you on August 24, 2019?
A: I was on duty the Emergency room of Mercy Community hospital.
Q: What happened on that day?
A: around 9am, I attended to a patient who was rushed to the ER.
Q: Who was that patient?
A: She was Kathleen Inolino.
Q:What did you do TO HER?
A: I examined her.
Q: What was the condition of the victim?
A: She sustained several major injuries, and was pronounced dead on
arrival.
Q: What was the cause of death?
A: She died due to multiple physical injuries, open fracture on the left
cranial area, hematoma and avulsed wound. IN LAYMANS
TERM, the patient sustained several physical injuries, she
had her skull cracked open, she had several bruises on her
left arm, chest and abdomen, and the skin and tissues in
her pelvic area were torn separated.
Q: What did you do next?
A: I issued a medical certification, to support the issuance of a death
certificate.
Q: If I were to show you this Medical Certificate, will you be able to
identify it?
A: YES
Q: Showing to you said document, kindly go over this and tell the court if
this is the certification you issued?
A: Yes this is the certification I issued.
Q: Who’s signature is that on top of your name?
A: MINE .
Q: Your honor, we would like to request that this certification be marked
as “Exhibit E”
Q: No further question your honor.
J: CROSS?
Defense Counsel 1&2: None your honor.
(DIRECT EXAMINATION - MOTHER)
J: OK NEXT WITNESS...
PROSECUTOR: : We are ready to present our witness, Your Honor
INTERPRETER: (Swearing the witness.) DO YOU SWEAR TO
TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE
TRUTH IN THIS PROCEEDING?
MOTHER: Yes maam,
INTERPRETER: Please sit down and kindly state your name,
address and other personal circumstances.
MOTHER: MY NAME IS REBBIE INOLINO, 41 YEARS OLD,
MARRIED AND A RESIDENT OF PUROK 17 HILLTOP, BRGY
TOMAS CABILI ILIGAN CITY.
P: Your honor, our next witness is the mother of the victim, and
the purpose of her testimony is to establish the civil aspects of
the case, including the damages incurred due to the death of
the victim.
P: How are you related to Kathleen Sue Inolino?
M: she is my daughter.
P: In relation to this case, do you recall having executed a Judicial
Affidavit?
W: Yes
P: Showing to you this Judicial Affidavit, consisting of 2 pages, Ms.
Witness kindly go over this and tell the court if this is the judicial
affidavit you executed.
W: Yes this is the Judicial Affidavit I executed.
P: On page 2, there is a signature on top of the name, whose
signature is that?
W: that is my signature.
P: Before you signed this affidavit, were you able to read it?
W: Yes.
P: Do you affirm and confirm the truthfulness of all the statements
you made in this Judicial Affidavit?
W: Yes.
P: Your Honor, we would like to have this document marked as
“Exhibit F”
J: ok mark it
P: May I proceed you honor?
J: Ok proceed.
P: So, How was Kathleen as a daughter?
M: She was a very sweet and loving daughter, she took good care of
all her siblings and a very responsible child. She was a bright and
honor student and she was very active in extra curricular activity in
her school.
P: How are you coping up with your loss?
M: Very difficult. I cannot sleep every night, I feel like I got
depressed and I lost my appetite. I cannot eat properly thinking that
my poor child is no longer with me. she was always beside me and
always helping me with all my chores and its really hard to live
without her.
P: Have you incurred expenses to the death of the child?
M:
P: What are those?
M:
P: Do you have any proof of these expenses?
M:
P: Your Honor, we would like to have marked these receipts as
Exhibit G1, G2 and G3
Judge: *ok
P: If you were to convert the pain and the suffering you're
experiencing into money, how much would it be?
M:
P: no more further questions, Your Honor
{DEFENSE COUNSEL 1 FIRST WITNESS,-DIRECT}
DIRECT EXAMINATION of TRUCK DRIVER (Donly)
J: Is the defense ready?
DEFENSE COUNSEL 1: : We are ready to present our witness, Your
Honor
INTERPRETER: (Swearing the witness.) DO YOU SWEAR TO
TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE
TRUTH IN THIS PROCEEDING?
Witness 1 (TRUCK Driver): Yes maam,
INTERPRETER: Please sit down and kindly state your name,
address and other personal circumstances.
Witness 1 (TRUCK Driver): I am Allan Daniel y Obehero, Filipino, 41
years old, a resident of Brgy. Kiwalan Iligan City.
INTERPRETER: The witness is ready, Your Honor.
DEFENSE COUNSEL 1: The witness, Your Honor is the accused
himself, Mr. Allan Daniel Obehero, the truck driver. His
testimony is offered to prove the following:
1. that he is innocent to the herein accusations
2. that while operating his Truck, he was not negligent,
reckless and imprudent and that he was on the lane
properly belonging to him at a moderate speed.
3. that the unfortunate event was a case of pure
accident.
May I proceed, Your Honor.
DEFENSE COUNSEL 1:
Q: Where were you on August 24,2019?
A: I was working
Q: What is your work?
A: I am a driver of Rainbow Seeker Marketing for the past 10 years.
Q: In that Span of 10 years, what was your track record was as a
driver?
A: I have no record of violating any traffic rules and have never
been involved in any road accident.
Q: So, in that span of 10 years, how did you maintain such a clean
track record?
A: Before going to work, I always check the condition of my truck,
and make sure that it is well maintained and I am always cautious
when I drive.
Q: On that day, August 24, 2019 , where were you headed?
A: I was headed to a project side in Barangay Sta. Felomina.
Q: What was your speed ?
A: I was driving around 30km/hr
Q: At around 8:45am on that day, where were you exactly?
A: I was driving my truck along the national highway of Purok 1A,
Brgy. Tomas Cabili Iligan City, heading towards north direction.
Q: During that time, what have you observed if any?
A: As I was approaching near SP Motor Parts, at Brgy Tomas Cabili,
I noticed a motorcycle was on my right side carrying a passenger.
Q: What happened next?
A: I heard slight bumping side on the front right side of the truck.
Q: What happened when you heard that said sound?
A: I slowed down as soon as I heard the said sound and thereafter
made a complete stop.
Q: Why?
A: Because I felt that I may have ran over something and upon
seeing the reactions of the people in the area, I felt the need to
stop.
Q:What did you do next?
A: I immediately stepped down from the truck.
Q: What did you see?
A: I saw a child covered in blood on the middle of the lane, and
another person , was lying unconsciously at the pavement of the
highway,
Q: What did you do after?
A: I immediately called for an ambulance to transport the injured
persons and waited for the authorities to arrive.
Q.: Upon hearing the bumping sound, why did you not immediately
make a full stop?
A: Because it was impossible on my part to instantly make a full
stop , but as soon as I heard the bumping sound, I immediately
slowed down and eventually made a full stop.
Defense Counsel 1: No further questions your honor.
Judge: Cross?
Defense Counsel 2: WE WOULD LIKE TO CROSS EXAMINE
THE WITNESS YOUR HONOR!
J: Ok proceed

CROSS TRUCK DRIVER BY DC 2 - DONLY
Defense Counsel 2: Mr. Obehero, as you have stated in your direct
examination, you have been a truck driver for the past ten years,
correct?
Truck Driver: Yes.
DC 2: I assume that being a truck driver for 10 years or so, you are
well aware and knowledgeable of the traffic rules like the speed limit
in the national highway or other roads?
TD: Yes, that is correct.
DC 2: So you know that under the law, a truck is allowed a
maximum speed limit of 30 km/h in cities or municipalities?
TD: Yes, Attorney.
DC 2: You said that were driving at a speed of 30 km/h, correct?
TD: Yes.
DC 2: Is it possible while you were driving at a speed of 30 km/h
you have overspeed at the time of the incident?
TD: No.
DC 2: An eyewitness has testified under oath that your speed at the
time of the incident was about 50 km/h, are you sure you are not
above the maximum speed limit?
TD: …. Yes, I am sure.
DC 2: No more further questions, Your Honor.
{DEFENSE COUNSEL 2 FIRST WITNESS,-DIRECT}
DIRECT EXAMINATION of MOTOR DRIVER (Mike)
DEFENSE COUNSEL 2: : We are ready to present our witnesses,
Your Honor
INTERPRETER: (Swearing the witness.) DO YOU SWEAR TO
TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE
TRUTH IN THIS PROCEEDING?
Witness 1 (MOTOR Driver): Yes maam,
INTERPRETER: Please sit down and kindly state your name,
address and other personal circumstances.
Witness 1 (MOTOR Driver): I am Roel Parilla y Palomares, Filipino,
30 years of age, with postal address at Palm Court Subdivision Brgy.
Tomas Cabili, Iligan City.
INTERPRETER: The witness is ready, Your Honor.
DEFENSE COUNSEL 2: The witness, Your Honor is the accused
himself, Mr. Roel Palomares, the motorcycle driver. His
testimony is offered to prove the following:
1. that he is innocent to the herein accusations
2. that while operating his Motor vehicle, he was not
negligent, reckless and imprudent and that he was on
the lane properly belonging to him at a moderate speed.
3. that the unfortunate event was a case of pure
accident.
May I proceed, Your Honor.
DEFENSE COUNSEL 2: Where were you on the morning of August
24, 2019?
MD: I was riding my motorcycle around 8 AM in the morning on the
National Highway of Brgy. Tomas Cabili, Iligan City.
DC 2: What happened as you were riding on your motorcycle?
MD: The deceased pulled me over and availed my services, and
asked me to take her to Iligan City National Highschool.
DC 2: You said she asked you to take her to Iligan City National
Highschool, how did you respond to her?
MD: I agreed to take her as my passenger.
DC 2: Why did you agree to take her as your passenger?
DC 2: What happened after you agreed to take her as your
passenger?
MD: She boarded the back of my motorcycle, sitting with both legs
on the left side because she was wearing a skirt.
MD: I was travelling 30 km/h like I normally do.
DC 2: How long did it take for you to arrive at the area where the
unfortunate incident happened?
MD: It took me around 10 minutes to arrive at the area due to the
heavy traffic and due to my cautious driving.
DEFENSE COUNSEL 2: What happened as you arrived at the area
where the incident happened?
MD: I suddenly attempted to cross the highway which startled the
deceased and caused her to pull on my left arm which caused the
impact of my left bar handle to the right side of the truck.
DC 2: What happened next?
MD: After impact, the motorcycle fell down on the left side including
me and the deceased Kathleen. There was no other way I could
have controlled which side the vehicle could fall.
DC 2: So what happened to you?
MD: I passed out. J: ok Proceed!

DC 2: What happened to the passenger? CROSS MOTOR DRIVER BY DC 1 – MIKE

MD: I don’t know since I already passed out after the impact.
DC 2: What was your last memory before you passed out?
MD: I was trying to pull her away from the truck.
DC 2: When did you regain your consciousness?
MD: I don’t know. When I woke up, I was already in the hospital
being treated.
Defense Counsel 1: Mr. Witness, were you aware that the victim
was a minor when you took her as a passenger?
W: yes.
Q: But you still took her as a passenger, correct?
W: yes, because …..
Q: Just answer with a Yes or No Mr. Witness,

DC 2: In relation to this case, do you remember having executed a W: Ok. Yes.

counter-affidavit?
Q: Were you wearing a helmet on that day?
MD: Yes.
W: No.
DC 2: If I were to show you this document, will you be able to identify
it? Q: Did you provide the passenger with a helmet?

MD: Yes. W: NO

DC 2: Showing to you this Counter Affidavit consisting of 3 pages. Q: No further questions your honor.
Mr. Witness, kindly go over this and tell the Court if this is the Judicial
Affidavit you executed. J: Ok next witness

MD: Yes. This is the Judicial Affidavit I made.

DC 2: Your honor, we would like to have this document marked as

“Exhibit 2”
{DEFENSE COUNSEL 2 SECOND WITNESS,-DIRECT}
DC 2: You honor, that would be all.
DIRECT EXAMINATION of BYSTANDER (Aya)
J: Cross?
D2: We would like to call our next witness
Defense counsel 1: We would like to cross examine your honor.
INTERPRETER: (Swearing the witness.) DO YOU SWEAR TO
TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE
TRUTH IN THIS PROCEEDING?
Witness 2 (BYSTANDER): Yes maam,
INTERPRETER: Please sit down and kindly state your name,
address and other personal circumstances.
Witness 2 (BYSTANDER): I am EMMA CRUZ, 25 years old, married
and a resident of Purok 1A Brgy. Tomas Cabili ILigan City.
INTERPRETER: The witness is ready, Your Honor.
DEFENSE COUNSEL 2: The witness, Your Honor is a bystander
who happened to have watched the incident. His testimony is
offered to establish that my client is not negligent.
May I proceed, Your Honor.
DC 2: Where were you at the time the incident happened?
EMMA CRUZ: I was waiting for a jeepney along the side of the
highway fronting SP Motor Parts Accessories and Repair Shop
around 8:43am.
DC 2:What did you see around that time if any?
EC: I saw a huge dump truck going north in a moderate speed and
on its right is a motorcycle carrying a girl passenger.
DC 2: What did you notice thereafter?
EC: I noticed that a seemingly 5 year old child attempted to cross the
highway unaccompanied.
DC 2: So what happened next?
EC: I saw that the student passenger got startled and made
unnecessary movements that caused the driver to lose his balance
and eventually led to their fall on the right side of the truck.
DC 2: What happened to the passengers?
EC: The driver fell on the pavement of the highway away from the
truck and lost his consciousness instantly. While the student
passenger, was run over by the truck.
DC 2: What did the truck driver do?
EC: The driver did not stop immediately upon impact. He only made
a full stop when the people in the area signaled him to stop.
DC 2: What unnecessary movements did the girl passenger do?
EC: When she saw the child attempting to cross the street, she got
startled and grabbed the left arm of the driver.
DC 2: Were there any other things that you observed aside from the
passenger’s actions that could have caused the accident?
EC : None
DC 2: In relation to this case, do you remember having executed a
judicial affidavit?
MD: Yes.
DC 2: If I were to show you this document, will you be able to identify
it? (shows judicial affidavit)
MD: Yes.
DC 2: Is that your signature?
MD: Yes.
DC 2: Your honor, we would like to have this document marked as
“Exhibit 3”

DC 2: You honor, that would be all.

DC 2: No further questions, Your Honor.

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