REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
MANILA

PEOPLE OF THE PHILIPPINES,

Complainant,

-versus-
IS NO. 0001
FOR: Reckless Imprudence
Resulting to Homicide

PEDRO SANTOS,
Respondent.
x---------------------------------------------x

COUNTER – AFFIDAVIT

I, PEDRO SANTOS, of legal age, Filipino citizen, single

and residing at 23 Sampaloc St., Manila, after having been duly
sworn to in accordance with law, do hereby depose and state
that:

1. I am the respondent in this case for alleged commission of the

crime of Reckless Imprudence Resulting to Homicide under Article
365 of the Revised Penal Code;

2. The complaint is in connection with the injuries sustained by JUAN

DELA CRUZ, resulting from an accident that happened at around
11:00 pm, on October 12, 2019, at Espana, Manila;

3. The complainant failed to establish all the elements of the crime of

Reckless Imprudence as provided for by Article 365 of the Revised
Penal Code;

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 STATEMENT OF FACTS

4. On October 19, 2019, at around 11:00 pm, we were at Espana,

Manila having a birthday party celebration. I was asked to buy some
liquor.

5. After buying liquor at Ministop Espana, we headed back. While

driving the said car on the street of our subdivision, a fast moving
white van was coming opposite my direction and suddenly swerved
on the lane I was traversing;

6. In order to avoid collision, I swerved to the right thus accidentally

hitting a tree and thereafter I lost consciousness. When I regained
my consciousness, I sought the help of the people in the
neighborhood.

7. I honestly believe that this case filed against me must be dismissed

based on the following:

The complainant failed to establish all the elements of the

crime of Reckless Imprudence defined under Article 365 of
the Revised Penal Code.

8. The complainant fatally failed to establish all the elements of

Reckless Imprudence as defined under Article 365. Reckless
Imprudence is defined as follows:

“Art. 365. Imprudence and negligence. - xxx

Reckless imprudence consists in voluntarily, but without
malice, doing or failing to do an act from which material
damage results by reason of inexcusable lack of
precaution on the part of the person performing or failing
to perform such act, taking into consideration his employment
or occupation, degree of intelligence, physical condition and
other circumstances regarding persons, time, and place. Xxx”

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 (Emphasis supplied)

9. In Cruz vs Court of Appeals (G.R. No. 122445, November 18,

1997), the Supreme Court enumerated the elements of Reckless
Imprudence, to wit:

“The elements of Reckless Imprudence are: (1) that the

offender does or fails to do an act; (2) that the doing or the
failure to do that act is voluntary; (3) that it be without malice;
(4) that material damage results from the reckless imprudence;
and (5) that there is inexcusable lack of precaution on the part
of the offender, taking into consideration his employment or
occupation, degree of intelligence, physical condition, and other
circumstances regarding persons, time and place.”

10. In order for Reckless Imprudence Resulting to Homicide to arise,

it is essential that there must have been an act that was done with
inexcusable lack of precaution;

11. In the instant case, there was no finding that I failed to exercise
the necessary precaution in driving the vehicle.

12. With all the foregoing, it is respectfully implored that this

Honorable Office forthwith dismiss the instant Complaint for lack of
factual and legal basis

13. I have caused the execution of the foregoing affidavit and do

hereby attest to the truth of the declarations herein.

PEDRO SANTOS
Respondent

SUBSCRIBED AND SWORN to before me this _____ day of

3
___ 2020 here in the City of Manila.

Asst. City Prosecutor

CERTIFICATION

I hereby certify that I have examined the affiants and that

I am satisfied that they voluntarily executed and understood
their counter-affidavit to the best of his knowledge and honest
belief

Asst. City Prosecutor