Republic of the Philippines

MUNICIPAL TRIAL COURT

7TH JUDICIAL REGION
Naga City, Cebu

ANGELINA V. ,
Plaintiff,
CIVIL CASE NO. R-685
- versus - COMPLAINT FOR DAMAGES

EDUARDO L. ,
Defendant.
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JUDICIAL AFFIDAVIT
of
PO2 NOEL L. JR.
I, PO2 NOEL L. JR., Filipino, of legal age, and resident of Brgy. 35,
nd
2 Road, Alona Yulo Ext., Bacolod City, Negros Occidental, after having
been sworn to in accordance with the law, do hereby depose and state
that:

PRELIMINARY STATEMENT

The lawyer conducting or supervising this examination is ATTY.

VIRGIL B. VALLECERA at Police Station 9, Brgy. Sum-ag, Bacolod City,
Negros Occidental.

I am answering his questions, fully conscious that I do so under

oath and may face criminal liability for false testimony and perjury.

This Judicial Affidavit is prepared in English and is offered to

prove the following:

a. That I am the Police Officer who was the Investigator-

on-Case of the vehicular incident on May 1, 2014 at Brgy. Sum-ag,
Bacolod City, Negros Occidental, involving the vehicles of Plaintiff
Angelina and of Defendant Eduardo ;

b. That I found that the driver of the vehicle owned by

Defendant Eduardo was negligent and at fault; and I concluded
and recommended that criminal charges be filed against him; and

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 c. That I filed a criminal complaint against Defendant’s
driver Pascual y Nisnisan before the Municipal Trial Court in
Cities (“MTCC”) Branch 3 of Bacolod City.

DIRECT TESTIMONY

Consecutively numbered, the following questions were asked of

me and I gave my corresponding answers, as follows:

1. Question (“Q”): Mr. Witness, please state your name,

occupation, and other personal circumstances.
Answer (“A”): I am Noel Lim Jr., Filipino, 36 years old, married, and
resident of Brgy. 35, 2nd Road, Alona Yulo Ext., Bacolod City. I am
a Police Officer 2 currently assigned at Police Regional Office 18,
Camingawan, Brgy. Estifania, Bacolod City and formerly
assigned as Traffic Investigator at Traffic Management Unit of
Bacolod City Police Office, Magsaysay Avenue, Bacolod City.

2. Q: What is the nature of your work as Traffic Investigator at

the Traffic Management Unit of Bacolod City Police Office?
A: I investigated traffic incidents that occurred within Brgy. Sum-
ag, Brgy. Punta Taytay, and Brgy. Cabug, Bacolod City.

3. Q: During your time as Traffic Investigator at the Traffic

Management Unit of Bacolod City Police Office, do you
remember having investigated a traffic incident on May 1,
2014 at Brgy. Sum-ag, Bacolod City involving three (3)
vehicles?
A: Yes. I remembered that I conducted an investigation and made a
report of a vehicular traffic incident involving three (3) vehicles
at corner San Juan St. and Earl Carol St., San Sebastian Village,
Brgy. Sum-ag, Bacolod City.

4. Q: If I would be able to show to you your Investigation Report

of that traffic accident on May 1, 2014, would you be able
to recognize it?
A: Yes.

5. Q: I am showing to you an Investigation Report for “Reckless

Imprudence Resulting to Damage of Property” dated May
8, 2014 made by a certain “PO2 Noel L. Jr., Investigator on
Case” addressed to the Chief, Traffic Management Unit,
Bacolod City Police Office. Is this the investigation report
you were referring to?
A: Yes.

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6. Q: On the third page of said Investigation Report, there is a
signature on top of the name “PO2 Noel L. Jr.” Is this your
signature?
A: Yes.

(Plaintiff respectfully requests that the Investigation Report be

marked as Exhibit “Q-1” and made an integral part hereof.)

7. Q: Can you please recount what transpired on May 1, 2014?

A: Yes. I remembered that I was dispatched to corner San Juan St.
and Earl Carol St., San Sebastian Village, Brgy. Sum-ag, Bacolod
City to conduct an ocular investigation of a reported traffic
incident involving three (3) vehicles. When I was at the scene of
the incident, I drafted a sketch, took a photograph, and
interviewed the drivers of the vehicles involved. During my
investigation, I focused on the extent of the damage of the
vehicles.

8. Q: What were the vehicles involved and who drove them?

A: The three (3) vehicles involved were:
i. Isuzu Jitney with plate number XHD 933, driven by Pascual y
Nisnisan, 54 years old, married, and a resident of B52 Area A,
Damareńas, Cavite and staying at Brgy. Pacol, Bago City,
holder of Professional Driver’s License (“PDL”) with License
No. N14-71-011571 valid until 2014-10-10;
ii. Isuzu Elf Van with place No. TKI 698, driven by Arnil Apat y
Cuyno, 21 years old, married, and a resident of B10 Green
Acres Subdivision, Brgy. Mansilingan, Bacolod City, holder of ;
and holder of PDL with License No. F01-13-001269 valid until
2015-05-25; and
iii. Kawasaki Barako 175 Tricycle with plate number FY 9207,
driven by Ruzzel y Gelongo, 31 years old, married, and a
resident of Brgy. Dulao, Bago City, Negros Occidental, holder
of PDL with License No. F01-05-008244 valid until 2014-07-
07.

9. Q: Who owned those vehicles?

A: The registered owner of V1 was Eduardo Lumba ; V2 was
Angelina V. ; and V3 was Rolando .

10. Q: What’s your proof that those vehicles were indeed driven
and owned by the persons you mentioned?
A: I attached in my Investigation Report the Certificates of
Registration (“CR”) and Official Receipts (“OR”) of the vehicles
and the Driver’s Licenses of the drivers.

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11. Q: I am showing to you the (i) CR/OR of the Isuzu Jitney
registered under Eduardo ’s name and the Driver’s License
with ID No. N14-71-011571 of its driver Pascual N. ; (ii) the
CR/OR of the Isuzu Elf Van registered under Angelina ’s
name and the Driver’s License with ID No. F01-13-001269
of its driver Arnil C. Apat; and (iii) the CR/OR of the
Kawasaki Barako 175 Tricycle registered under Rolando ’s
name and the Driver’s License with ID No. F01-05-008244
of its driver Ruzzel G. . Are these the CRs, ORs, and Drivers’
Licenses you were referring to?
A: Yes.

(Plaintiff respectfully requests that (i) the CR and OR of the Isuzu

Jitney and the Driver’s License of Pascual N. be marked as Exhibits
“Q-2” to “Q-4,” respectively; (ii) the CR and OR of the Isuzu Elf Van
and the Driver’s License of Arnil C. Apat be marked as Exhibits “Q-
5” to “Q-7,” respectively; and (iii) the CR and OR of the Kawasaki
Barako Tricycle and the Driver’s License of Ruzzel G. be marked as
Exhibits “Q-8” to “Q-10,” respectively.)

12. Q: You mentioned earlier that you made a draft sketch and
took photographs of the scene of the incident. I am
showing you a draft sketch and photographs taken during
the traffic incident on May 1, 2014. Are these the draft
sketch and photographs you were referring to?
A: Yes. I was the one who drew the draft sketch and took the
photographs. I can still see my shadow on one of the pictures.

(Plaintiff respectfully requests that the Draft Sketch and

photographs be marked as Exhibits “Q-11” and “Q-12” made
integral parts hereof.)

13. Q: What did you observe in the scene of the incident at shown
by your draft sketch and photographs?
A: I observed there was a damaged portion of the Isuzu Elf Van at
the right side mid-section, dented inward; while the damage on
the Isuzu Jitney was at the front bumper. These showed that
Isuzu Jitney bumped the right side portion of the Isuzu Elf Van.

14. Q: You mentioned earlier that you interviewed the drivers

involved, what did they say?
A: I first interviewed Pascual , driver of the Isuzu Jitney. During the
interview, he said, while he was travelling from west to east to
San Juan St., approaching at the intersection, at a sudden, an
Isuzu Elf Van, running from north to south of Earl Carol St.,
collided to his driven vehicle. He said that the Isuzu Elf Van was

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 running at a high speed and that he did not immediately notice
it while traversing at the intersection.
Next I interviewed was Arnil Apat, driver of the Isuzu Elf Van.
During the interview, he said, while he was travelling from north
to south of Earl Carol St. and had already passed or entered the
said intersection, his driven vehicle was hit by an Isuzu Jitney,
running in the right side of the intersection from west to east of
San Juan St. He said his driven vehicle was hit in the right side
center portion, due to the impact. His driven vehicle turned left
side down, hitting a Kawasaki tricycle, which was travelling
from south to north of Earl Carol St.
The last I interviewed was Ruzzel , driver of the Kawasaki
tricycle. He said, while he was travelling from south to north of
Earl Carol St., he saw the said Isuzu Jitney collided with the said
Isuzu Elf. He immediately stopped but his driven tricycle was
eventually hit by the Isuzu Elf.

15. Q: After the interview, what happened next?

A: I instructed the parties involved to report at Police Station 9,
Brgy. Sum-ag, Bacolod City at 9:00 in the morning of May 2,
2014 for submission of their vehicle documents and for possible
settlement if they wanted to.

16. Q: Did they report at Police Station 9 on May 2, 2014?

A: Yes.

17. Q: What happened?

A: The parties reported in my presence at Police Station 9. I asked
them again to recall what transpired on the said incident. The
drivers of the Isuzu Elf and Kawasaki were consistent with their
statements.
However, Pascual , the driver of the Isuzu Jitney, now said
that he was travelling from west of San Juan St. and executing a
right turn towards south of Earl Carol St. It was then that he was
accidentally hit by the Isuzu Elf. Apparently, Pascual ’s statement
was contrary to his previous statement that he was travelling
from west to east of San Juan St.
I found unbelievable Pascual ’s latest allegation that he was
travelling from west of San Juan St. and executing a turn
towards south of Earl Carol St. Because the damages found on
the both vehicles did not support his allegation.
First, if his driven Isuzu Jitney was executing a turn toward
south of Earl Carol St., the damages on the mid section of the
Isuzu Elf should not have been dented inward but outward and
that there should have been scratches towards the rear portion
of the Isuzu Elf.

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 Secondly, the stainless bumper of the Isuzu Jitney was folded
inward. If his Isuzu Jitney was executing a right turn and was hit
by the Isuzu Elf, it should have been folded outward. But looking
at the bumper of the Isuzu Jitney, I noticed that there was
already a red-paint stain from the Isuzu Elf found from tip to tip
of the said bumper.
These indicated that the Isuzu Jitney was not executing a turn
to the right.

18. Q: Based on your interview and investigation, what were your

findings?
A: Looking on the final and rested position of the vehicles involved,
wherein the Isuzu Jitney rested near in the corner on the
southwest portion of the intersection, which was facing
southeast, while the Isuzu Elf rested left side down near
southwest portion of the intersection, facing west, and on the
damage portion of the Isuzu Elf which was found on the right
side center portion, showed that the Isuzu Jitney was
approaching on the said intersection and that the Isuzu Elf was
already at the center of the said intersection.
According to Section 42(b) Chapter IV, Article III of R.A. 4136,
the driver of a vehicle approaching but not having entered in an
intersection shall yield the right of way to a vehicle within such
intersection.

19. Q: What were your conclusions?

A: Considering the facts and circumstances, I concluded that the
driver of Isuzu Jitney, Pascual , was observed to be at fault for
violation of Section 42(b) Chapter IV Article III of RA 4136 which
generally constitutes a general violation of Section 48 Chapter
IV Article V of RA 4136 for Reckless Driving.

20. Q: What were your recommendations?

A: If there was no amicable settlement reached by the parties
involved, I recommended that the case be referred to the offices
of the Insurance Commissioner or to the Honorable Prosecutor
for final and proper disposition.

21. Q: Was there an amicable settlement reached?

A: None.

22. Q: Was the case referred to the Prosecutor’s Office?

A: Yes. I filed a criminal complaint against Pascual before the
Bacolod City Prosecutor, who eventually issued and filed an
information before the Municipal Trial Court in Cities (“MTCC”)
of Bacolod City.

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23. Q: I am showing to you Criminal Complaint docketed as VI-
03-INV-14E-0537 entitled People of the Philippines vs.
Pascual y Nisnisan received by the Bacolod City
Prosecutor’s Office on May 26, 2014. Is this the criminal
complaint you are referring to?
A: Yes.

(Plaintiff respectfully requests that the Criminal Complaint and its

attachments be marked as Exhibit “Q-13” and made an integral
part hereof.)

24. Q: Is there anything else you wish to state?

A: None.

25. Q: Do you attest to the truthfulness of all the allegations

contained in this Judicial Affidavit?
A: Yes.

IN WITNESS WHEREOF, I set my hand this _________________________

in Bacolod City, Philippines.

PO2 NOEL L. JR.

PNP ID No. 13K280014

SUBSCRIBED AND SWORN to before me, this ______________________

in Bacolod City, Philippines, with Affiant, showing me her competent
evidence of identity, known to me as the same person who personally
signed the foregoing instrument before me and avowed under penalty
of law to the whole truth of the contents of said instrument.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2017.

Page 7 of 8
Republic of the Philippines }
City of Cebu } S.S.

ATTESTATION
I, ATTY. VIRGIL B. VALLECERA, of legal age, Filipino, with office
address at 2nd Floor University of Cebu-Banilad, Gov. Cuenco Ave., Cebu
City, after being sworn to in accordance with law, hereby depose and
state that:

1. I am the lawyer who conducted or supervised the

examination of witness PO2 NOEL L. JR.;

2. I have faithfully recorded or caused to be recorded the

questions I asked and the corresponding answers that the witness gave;

3. Neither I nor any other person then present or assisting me

coached the witness regarding the latter's answers; and

4. Any false attestation shall subject me to disciplinary action,

including disbarment.

IN WITNESS WHEREOF, I hereunto affix my signature this ____ day

of February 2017 in Cebu City, Philippines.

ATTY. VIRGIL B. VALLECERA

Affiant

SUBSCRIBED AND SWORN TO before me, this ____ day of

February 2017 in Bacolod City, Philippines, Affiant, who is personally
known to me, exhibited to me his Integrated Bar of the Philippines –
Cebu Chapter ID with Roll of Attorneys No. 63870.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2017.

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