FOR : The City Director

(Attn: Chief Invetigator)

SUBJECT Investigation Report Re: Reckless
Imprudence resulting to Homicide
DATE December 17, 2022

I.AUTHORITY:
Police Blotter Entry M). 1857
2. Inherent Police Functions.
3. Standard operating procedure

MATTERS INVESTIGATED:
4.To determine fact circumstances
surrounding the incident;
5. To determine other relevant matters
that would require further police actions.

Ill.FACTS OF THE CASE:

6. On or about 5:50 in the morning of
August 2 2022. P03 Jonathan Daen and POI
Juan Roy Nib responded to a Vehicular
accident that transpired at the junction road of
Brgy. Malued, Dagupan City and requested a
traffic investigator on duty SPOI Gary B.
Amaranto imrnedietly proceeded in the place
of incident, thus involved vehicle were as
follows;
 VI-Motorcycle Racal without sidecar for
registration driven by W. Erwin Agao Of Brgy.
Lucao, Dagupan City, CRICR and driw•r license
not presented.
V2-Tricyc1e Honda plate no. ER-7643,
Ergine no,
KR2D2E000400, CR no. 10023426-0
dated4/20/2010 driven and registered to Rcardo
Quilao Casaul of Brgy. Pantal, Dagupan City,
holder of LTO PDL no. E02-78-003945 to expire
on 5/25/2022.
Initial investigation conducted by the
responding police officer disclosed that both
vehicle were rtUving in the same direction, VI
enroute to Brgy. Mangin, Dagupan City and V2
going to Brgy. Lasip Chico coming from Mangin,
Legazpi City. Accordingly upon reaching at
abcnernentioned place of occurrence VI overtook
to V2 in the left lane which then V2 was on the
process to turn eft As a consequence thereof VI
accidentally sideswiped the V2 in the left clutch
handle of the tricycle then and there driver of VI
v. out of control and unfortunately hit/burned the
moving bicycle running by Danib A. Arienda of
Lucao, Dagupan City and both were fell down due
to the impact Further driver of V2 was sustained
injury in the left hand and the dri\.er of VI and the
Gcbrn (Danilo Arienda) were both rushed to
BRTTH, Legazpi City for "Edical treatrnent by
AHEM Ambulance. Responding officer averred
that upon arrival retreat vehicle involved are no
longer in the original positioned. attached the
copy of excerpt from LCPS-CPO Blotter Entry
no. 1857 dated July 2, 2022 and OR/CR of
Tricycle (V2) marked as Annex "A")
In the account of the victim Danilo Arienda
y Almayda, 60 y/o. widow a resident of P-1
Brgy.46 Lasip Chico, Dagupan City. In his
statement that OQA 5:50 in the morning of July 2,
2013 while he was riding his BtvtX bicycle
corning from Brgy. Pantal and on stop at the
shoulder of the road to cross at the junction of
Brgy. Lucao, Dagupan City he was hit/bumped by
a motorcyle causing him to fell down in the center
of road and sustained injuries then was brought by
AHEM Ambulance at BRYTH and with medical
impression "Central Cord Syndrome Secondary to
Vehicular Accident with barring complications of
six (6) months under Dr. Abel Francisco Ramos.
'MD medical officer Ill, Dept. of Surgery. Further
the victim averred that the driver of the
motorcycle Racal For Registration one Erwin
Agao y Abiera, 22y/o, single of Brgy. Lucao,
Dagupan City did not extend any assistance in his
medical nor financial mainly, related to his
medical recovery until his released in the said
hospital. (Hereto attached the Sworn Statement of
the victim Danib A. Arienda marked as annex
8. In
the account Of the witness Jean Arienda y
Lleva, 37 y/0, single a resident of P-1 Brgy.
Lucao, Dagupan City, he manifested that on or
about 6:00 0//Clock in the morning Of July 2,
2012, he was informed by their neighbor and a
resident of their Brgy. A certain Barok that her
father was allegedly hit/bumped by a motorcycle
at Brgy.Lucao, Legazpi City, immediately they
preceeded thereat together with his Auntie
Flocerpida Arisapa, sister of his father and upon
arrival he actually saw his father laying on the
cemented road being attended/taking care by the
responding medical rescue team Of AHEM same
the driver Of the motorcycle who sitting beside
the road and sustained injuries on his right arm
then thereafter they were brought to BRITH on
board of the responding AHEM Ambulance. His
father sustained Central Cord Syndrome
secondary to vehicular accident with Six (6)
months barring complication based on the
Medico-legal Certificate duly issued by BRITH
under Dr. Abel Francisco Ramos MD Il, Dept.
Surgery. That the driver Of the said motorcycle
color Blue, 110 MD, Racal no plate/For
registration were Erwin Agao y Abiera, 22 y/o,
single and a resident of Brgy. Salisay, Daguapn
City. She further added that several confrontation
Were requested by him to the herein driver
begging him and his family to help them but sadly
no result and they continue to promised them
despite Of the compromised agreement they
affirmed but did not materialized. (Hereto
attached the Sworn Statement of the witness Jean
Arienda y Lleva, daughter Of the victim, marked
as annex
9. In the account Of the witness/vehicle 2
driver Ricardo Casaul y Quilao, 54 y/0, married of
Brgy. Tambac, Dagupan City, he manifested that
on or about 5:50 in the morning of July 2013,
while he was driving in the highway of Brgy.
Malued, Dagupan City with his owned motorized
tricycle Honda 125 color Red, bearing plate ER-
7643 For Hire, in his statement that upon reaching
particularly at Lucao, Dagupan City he slowed
down preparing to engage to left turn going to
Brgy. Tambac Road Dagupan City, then while he
was about to entered in the middle of the junction
road all of the sudden he was sideswiped by a fast
moving motorcycle, who overtook in the left lane
of the road and at full speed, accidentally hit his
driven tricyle in the left side steering wheel handle
with the right steering wheel handle of said
motorcycle that resulted to his minor lacerated
wound in his left arm and that juncture he saw the
said color Blue motorcycle lost control and
balance which encroach to the left lane then
swerved to the side Of the road and hit/bumped an
Old man riding in a bicycle that on stop and about
to cross as result of the impact the old man riding
in the bicycle and the driver Of motorcycle color
Blue was thrown and fell in the cemented road
and sustain injury. That after the incident he
learned from the responding police officer that the
driver of the motorcycle color Blue Racal was a
certain Erwin Agao y Abiera of Brgy. Lucao,
Dagupan City and no driver license presented nor
OR/CR of his driven motorcycle and while on
board in the Ambulance vehicle he learned from a
woman that coving and helping the Old man
riding in a bicycle a certain Danilo Arienda y
Almayda a resident of Brgy. Lucao, Dagupan
City.(Attached hereto sworn statement Of Ricardo
Casaul y Quilao marked as Annex "D")
12. In the confrontation/conference to
involved parties in the traffic investigation
section, both parties agreed to entered into a
compromised agreement wherein the parent Of
the driver Mr. and Mrs. Agao will assumed all
medical expenses of the victim until his
recuperation as demanded by the relative Of the
victim Danilo A. Arienda. Likewised involved
drivers were issued Temporary Operators Permit
(TOP) ticket with no. 13811513-2 for Involve in
Traffic Accident, unregistered and Unlicensed for
vehicle 1 driver and ticket no.138115 -_lnvolved
in vehicular accident, for vehicle 2 driver that
turnover vulontarily the Professional Driver
license. Further said motorcycle(V1) and
PDL(V2) was turn-over to LTO-Rawis, RO-5
Legazpi City. (Attached hereto CPO
Blotter Entry no. dated —2013. And
Temporary Operator Permit (TOP) ticket marked
as Annex
13. August 29, 2012 a cased filed in the
City Prosecutor office to the driver/respondent
Erwin A Agao for "Reckless Imprudence
Resulting in Serious Physical Injury and Darnage
to Property" docketed under no. V-02-lW 13H-
00236 assisted by Assistance Legazpi City
Prosecutor Jazon H. Retubog. a regular In CPO
Blotter Entry no.0488 dated August 9, 2022,
follow-up conducted by SPOI Gary Amaranto, the
victim Santiago Bersola y Damaso was
departed/expired at about 2:43 in the morning of
August 8, 2013 declared/pronounced by the
attending physician Dr. Evangelista Emnam at
Region 1 medical center Dagupan City, and of the
victim at Brgy. Lucao , Dagupan City further
during confrontation with the family of the
Victim, refused to conduct Autopsy examination
in the cadaver.
14. That on October 18, 2022 this office
furnished a request to the City Prosecutor Office,
ammending that the case of "Serious Physical
Injury" through Reckless Imprudence docketed
under NPS No.V-02-1NQ 13G-00053 be indorsed
to "Homicide" through Reckless Imprudence.
Further attached thereto the Supplemental
Affidavit of the Complainant (widow), Death
Certificate/ Clinical Abstract of the victim
(Santiago D. Bersola), Medico-legal Certificate of
the suspect/driver (Billy Jo Marco ) and the blotter
certification(CPO BE. no. 488 dated August 9,
2022)
W. DISCUSSIONS/FINDINGS•.
15. In this instant case under investigation, the
herein who was wearing white shirt and short
pants was hit/bumped by the herein suspect/driver
while standing in the right side of the road that fell
in the cemented road and the mark of blood stain
measured in between Aleco post 17 meters and
City Street fight 8.70 meters near right side of
catwalk. Further. suspect drove at speed his
motorcycle (Suzuki Raider) in a negligent manner
and without due regard to the safety of other road
user. that when he was crashing down he was
spotted in the C. Imperial St. wherein the Impact
at MOL 15 meters that after the incident he did
not help the victim instead he led his driven
motorcycle away from the place of incident
wherein he was the caused of this particular
incident. However, he could avoided the said
incident had he exercised care and prudence in his
behalf,

v.CONCLUSION:
16. After a careful perusal surrounding this
particular incident. probable cause exist that the
herein suspect/driver displayed lack of foresight,
precaution and did not exercise the proper degree
of care to circumvent the impending incident,
hence the proximate caused of this incident
resulted in the untimely death of the victim, the
suspect/driver in his negligent manner is the
caused, therefore he is criminally liable for
homicide through Reckless Imprudence.
VI. RECOMMENDATION:
17. Wherefore. in view of the foregoing, the
undersigned respectfully recommends that this
case referred to Office of the City Prosecutor
Office for final disposition.

P/MAJOR Jeric A.
Claveria
Station 3
Commander