REPUBLIC OF THE PHILIPPINES

First Judicial Region

MUNICIPAL TRIAL COURT
Baguio City
Branch 426-A

PEOPLE OF THE PHILIPPINES, Criminal Case No.: 8401-22

Plaintiff,
For: Reckless Imprudence
-versus- Resulting in Damage to
Property
HARRY JAMES CABELLERO,
Defendant.
x------------------------------------------x

JUDICIAL AFFIDAVIT OF THE WITNESS

(for the Defendant)

I, HARRY JAMES CABELLERO, of legal age, single, Filipino, a

resident Brgy. Poblacion East, Baguio City, Philippines, and the defendant in
this case, state under oath as follows:

PREFATORY STATEMENT

The person examining is Atty. Abegaile S. Luciano of Hanbada Law

Firm located at Suite 99, 30th Floor, Whale Building, Session Road, Baguio
City. The examination was held in the same place on August 1, 2022 at
around 10:00 o’clock in the morning. The questions are propounded in the
English language which I know and fully understand. I am answering the
questions asked of me fully conscious that I do so under oath and that I may
face criminal liability for false testimony or perjury.

PURPOSE

This Judicial Affidavit of the defendant, HARRY JAMES

CABELLERO, is being offered as evidence for the defendant to prove that:
1. He is the defendant in the aforementioned criminal case; and
 2. He has not acted with negligence while traversing the four-lane
national highway in National Highway of Brgy. San Miguel
Baguio City.

DIRECT EXAMINATION PROPER

Question 1 (Q1): What language do you prefer to be questioned in?

Answer 1 (A1): English, Atty.

Q2: Kindly state your name, age, and other personal circumstances.
A2: My name is Harry James Caballero, a resident of Brgy. Poblacion East,
Baguio City, Philippines; I am 48 years old.

Q3: Mr. Caballero, where are you at the moment?

A3: I am here at the Hanbada Law Firm in Session Road, Baguio City.

Q4: Why are you here today?

A4: I am here to give my testimony about the incident that took place on
June 12, 2022 concerning the accident between me and the complainant.

Q5: Where did it take place?

A5: On the four-lane road on the National Highway of Brgy. San Miguel
Baguio City, particularly in front of Robinsons Mall, Baguio City.

Q6: What do you do for a living?

A6: I am employed by Golden Gates Security, Inc. as an armored van driver.

Q7: What were you driving that day of the incident?

A7: I was driving the Armoredtech van with plate number VAT 2828 of my
employer, Golden Gates Security, Inc.

Q8: Where are you heading to on that day of the incident?

A8: I headed to the City proper to look for the repair shop as previously
instructed by my motoring officer.

Q9: Where were you from?

A9: I took the Armoredtech van from the company’s garage on Marcos
Highway, Baguio City.

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Q10: Which road did you take?
A10: I drove using the National Highway of Brgy. San Miguel to City
Proper.

Q11: Where were you when the incident happened?

A11: I was passing in front of Robinsons Mall, Baguio City, when I
suddenly felt a bump to the rear of the vehicle.

Q12: In what lane were you driving when the incident happened?
A12: I am in the dead center in my lane. In the innermost lane in the right
lane.

Q13: Where was the complainant’s car when the incident happened?
A13: The complainant’s car is in the right outermost lane, but he was in the
process of merging in my lane.

Q14: Prior to the incident, where was the complainant’s car when the
incident happened?
A14: He is somehow driving behind me as I am driving more ahead of him.

Q15: How is the traffic that time in the area?

A15: There is moderate traffic. Not bumper to bumper, but the cars are
slowly moving.

Q16: What was your speed when you were driving in that area?
A16: I was moving slowly because there is moderate traffic in front of the
mall. Around 10 mph to 15 mph.

Q17: Prior to the incident, were there any cars in your front?
A17: There was no car in front when I moved forward. It was clear and the
moderate traffic moved so I also drove forward.

Q18: I have no further questions. Is there anything you would like to

add?
A18: None.

Q19: Do you wish to change any of your previous statements?

A19: None.

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 ---------- END OF STATEMENT ----------

All the foregoing have been explained to me by the notary public, I

fully understand the meaning and import of the averments above, and I attest
to their veracity.
IN WITNESS WHEREOF, I have hereunto set my hand this 1st day
of August 2022 in Baguio City, Philippines.

HARRY JAMES CABELLERO

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

and for Baguio City this 1st day of August 2022. Affiant personally
appeared and exhibited to me her Taxpayer Identification Number (TIN) No.
000-112-8456 issued by the Bureau of Internal Revenue on January 14, 2020
in Baguio City bearing his photograph and signature, known to me to be the
same person who executed the foregoing instrument before me and avowed
under penalty of law to the whole truth of the contents of said instrument.

WITNESS MY HAND AND SEAL on the date and place first

above- written.

ATTY. MEL B. FAMULARIS

NOTARY PUBLIC
City of Baguio
until December 31, 2023
Suite 99, 30th Floor, Whale Building,Session Road,
Baguio City
nfamuleras@hanbadalaw.com | 0916 284 5398
Commission Serial No. NC-03; January 25, 2023; Roll
Roll No. 867454; July 25, 2020
IBP No. 23455; July 30, 2020
PTR No. 643092; January 8, 2023, Baguio City
MCLE Compliance No. VII-0007861, issued April 15,
2023
Doc No. 10;
Page No. 4;
Book No. I;
Series of 2023.

Page 4 of 6
 ATTESTATION

I, Atty. Abegaile S. Luciano, of legal age, Filipino and with

office address at Suite 99, 30th Floor, Whale Building, Session Road,
Baguio City, after having been sworn in accordance with law, hereby depose
and state that:

1. I was the lawyer who personally conducted the examination of the

witness HARRY JAMES CABELLERO at my aforementioned law
office;

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

asked and the corresponding answers of the witness;

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

coached the witness regarding the answers given by him.

IN WITNESS WHEREOF, I have hereunto set our hands this 1st

day of August 2022 in Baguio City, Philippines.

ATTY. ABEGAILE S. LUCIANO

Examining Lawyer
Hanbada Law Firm
aluciano@hanbadalaw.com | 0916 234 5342
Roll No. 43654; July 25, 2020
IBP No. 78678; July 30, 2020
PTR No. 234662; January 8, 2023, Baguio City
MCLE Compliance No. VII-0007653, issued April 15, 2023

Page 5 of 6
REPUBLIC OF THE PHILIPPINES
CITY OF BAGUIO ) S.S.

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

and for Baguio City this 4th day of August 2022. Affiant personally
appeared and exhibited to me her IBP ID No. 991226 issued by the
Integrated Bar of the Philippines on July 6, 2020 in Manila, bearing her
photograph and signature, known to me to be the same person who executed
the foregoing instrument before me and avowed under penalty of law to the
whole truth of the contents of said instrument.

ATTY. MEL B. FAM

NOTARY PUBLIC
City of Baguio
until December 31, 2023
Suite 99, 30th Floor, Whale Building, Session Road,
Baguio City
nfamuleras@hanbadalaw.com | 0916 284 5398
Commission Serial No. NC-03; January 25, 2023; Roll
Roll No. 867454; July 25, 2020
IBP No. 23455; July 30, 2020
PTR No. 643092; January 8, 2023,Baguio City
MCLE Compliance No. VII-0007861, issued April 15,
2023

Doc. No. 11
Page No. 2
Book No. V
Series of 2023

Page 6 of 6