REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPLITAN TRIAL COURT BRANCH 63 (129) MAKATI CITY PEOPLE OF THE PHILIPPINES, Plaintiff . -versus ~ CRIM. CASE M-MKT-19-03870-CR For: Reckless Imprudence, etc. ALVIN FELIX R. DE RAMOS, Accused. x Xe NOTICE OF COMPLIANCE Court, most respectfully submit the Judicial Accused, by counsel, to this Honourable PIO from TOYOTA - CUBAO, his Judicial [Affidavit of the witness PATRICK JOHN B. CAR! ‘Affidavit is hereto attached as Annex “11”. Respectfully submitted. Other relief and remedies are likewise prayed for. Mandaluyong City for Makati City, this 9% day of February, 2022, LACEBAL DE RAMOS & BONGHANOY LAW OFFICES Unit 107-E BMRC, Banahaw St., Highway Hills, Mandaluyong City Tel. No. 621-9918 lacebaljimmy@yahoo.com ME eases Counsel for the accused IBP LRN No. 016996/11-09-17/Pasig City PTR No. 4868027/1-3-22/Mandaluyong Roll No. 27661 MCLE Exemption No. IV-000954/Pasig Valid from 12/3/15 to 4/14/ Copy Furnished: OFFICE OF THE CITY PROSECUTOR OF MAKATI ATTY. LIONELL M. MACABABBAD Counsel fr the Complainant Makati City Hall Bldg. , Makati City ‘Email: prosecfrancischua@gmailcom Rm, 1536 15F City & Land Megaplaza [ADB Ave. Comer Garnet Rd., Ortigas Center 11605 - Pasig City, M.M. Email: maclaw.0731@gmail.com CERTIFICATION/EXPLANATION (Under Section 11, Rule 13 of the 1997 Rules of Civil Procedure) ‘That copies of this pleading were sent to the public prosecutor and private prosecutor by email and not by personal service as required by law, due to distance and lack of personnel to deliver them personally. Fel (MOSEMH“ IL” REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPLITAN TRIAL COURT BRANCH 63 (129) MAKATI CITY PEOPLE OF THE PHILIPPINES, Plaintiff, -versus - CRIM. CASE M-MKT-19-03870-CR For: Reckless Imprudence, ete. ALVIN FELIX R, DE RAMOS, Accused. x x JUDICIAL AFFIDAVIT IN LIEU OF DIRECT EXAMINATION OF WITNESS) The testimony of the witness is being offered for the following purposes. 1. To prove that the Damage to the Car involved in this case is only Php 355,213.19; 2. To prove that People’s General Insurance Corp. was the one who paid for the cost of repair and not the private complainant Lloyd Darell C. Camina; 3. To prove that the private complainant had knowledge that the damage is only for Php.355,213.19 and not for Php.427,563.00 at the time of the filing of his complaint; 4, To identify the documents attached to his Judicial Affidavit; and, 5, In support of the case of the accused. I, PATRICK JAN D. CARPIO of legal age, with work address at TOYOTA CUBAO, 929 Aurora Blvd., San Roque, Quezon City, NCR, after having been subscribed in accordance with law, deposed and states: 1. Q~ You appear as a witness to this case because of the “Subpoena Duces Tecum ‘Ad testificandum issued to your office by the Honourable Court? A- Yes Sir, | ama witness because of the subpoena issued to our office. 2, Q~Do you have Identification Card to prove that you are the same person which you claim to be PATRICK JAN D. CARPIO?EXHIBIT “hay” Page 2- A- Yes Sir, [have my Company .D. with No, 007219 issued by Toyota Manila Bay Corporation with my picture on it. ; Q- Do you know why you are here in Court today? A- Yes Sir, to affirm and confirm my judicial affidavit earlier prepared by counsel ATTY. FELIX T. DE RAMOS of the Law Office of Lacebal De Ramos and Bonghanoy, in Mandaluyong City. . Q- Upon knowing the purpose of your presence in court, do you affirmed and confirmed the contents of your Judicial Affidavit? A - Yes Sir, | affirmed and confirmed it. . Q- OF this Judicial Affidavit in page four (4) at the top of the typewritten name PATRICK JAN D. CARPIO there appears a signature, whose signature, is it? A- Yes Sir, it is my signature. Q- Did anybody teaches or coaches you how to answer the questions of your lawyer in this Judicial Affidavit? A- Noone Your Honour. . Q- This Judicial Affidavit, do you know its purpose? A - Yes Sir, Your Honour, this will serve as my testimony in direct examination for the case pending before this Honourable Court. Q-Do you know that if you tell alie in this Judicial Affidavit you could be charged of the crime of perjury or false testimony in court which is a criminal offense? A- Yes Sir, Your Honour, my special counsel explained it to me before the taking of this Judicial Affidavit. ATTY. F. DE RAMOS - We request that this Judicial Affidavit of the witness consisting of 5 pages including the attestation clause of counsel be marked as our Exhibit “11", “11-A”, “11-B”, “11-C” and “11-D", his signature identified by witness in page 4 on top of his printed name be bracketed and marked as Exhibit "11 -c-1 and the photocopy of his identification card as Exhibit “11 - E” . Q- Are you related to the accused in this case?EXHIBIT “EB” Page-3- A-Nosir, I did not know him in person. 10. Q - Do you know the private complainant LLOYD DARELL C. CAMINA in this case? A- No sir I did not know him personally, from our record I came to know that he is the purchaser and owner of a TOYOTA - AVANZA Car with Plate No. NBP 2918. 11. Q- What record you are referring to of your company? A -Sir, it is the record of repair of a TOYOTA - AVANZA Car with Plate No. NBP 2918 owned by a certain LLOYD DARELL C. CAMINA. 12. Q-Do you know why the car be the subject of repair? A - Sir l understand that it was brought to our Toyota Cubao Service sometime in the early week of December, 2018 as it sustained damage because of an accident. 13. Q- Was it repaired by Toyota Cubao Service? A- Yes sir. 14. Q- How much is the cost of repair? ‘A - Sir, it was repaired back and front damage of the car including VAT of Php.38,058.67 for the gross amount of Php.355,213.19. 15.Q- Did your company did repaired the vehicle of Mr. Camina? A - Yes sir, after we received this LETTER OF AUTHORITY (L.O.A.) No. 365690 on February 1, 2019 from People’s General Information Corporation, we repaired it. 16. Q- Do you have proof to show that it was repaired for the cost of Php.355,213.19? A-~ Yes Sir, I have these FOUR (4) PAGES SERVICE BILLING No. A6LA024169 dated January 31, 2019 for the gross amount of Php.353,213.19, issued by our company. 17. Q- Who paid for this cost of repair?EXHIBIT “IhO’- Page -4- 18, 21. A- Sir, People's Insurance paid for Php.349,213.19, as proof of payment we issued Official Receipt No. 1000000000029689 for the accumulated amount of Php.2414,739.85 issued by Toyota Cubao to People’s General Insurance Corporation on September 30, 2019. Q- Why accumulated amount? A - Sir, the amount it paid to us represents the lump sum of the amounts due to us for repairs of all damage vehicles insured by them and TOYOTA - AVANZA Car with Plate No, NBP 2918 was covered by Insurance Group Policy for total damage including owned damage. . Q- Did Mr, Camina paid any amount for the repairs to your company? A - Yes sir, Mr. Camina paid only Php.6,000.00, his participation in the group insurance policy, he paid it on January 31, 2019 per our Official Receipt No. 1000000000017451. ATTY. F. DE RAMOS - I request that these documents produced and identified by the Witness, first the FOUR (4) PAGES SERVICE BILLING No. A6LA024169 dated January 31, 2019 for the gross amount of Php.355,213.19 be marked as Exhibit “12”, “12-4”, “12-B" & “12-C” respectively, Second, the participation payment of Mr. Camina for Php 6,000.00 paid on January 31, 2019 per Toyota Official Receipt No. 1000000000017451 be marked as Exhibit “13, Third, this LETTER OF AUTHORITY (L.O.A.) No. 365690 dated February 1, 2019 from People’s General Information Corporation as Exhibit “I 'and Lastly, this Official Receipt No. 1000000000029689 for the bulk amount of Php.2,414,739.85 issued by Toyota Cubao to People’s General Insurance Corporation on September 30, 2019 be marked as Exhibit “14” accordingly. |. Q- After the car was repaired, what happen to the car? A - Sir it was released to the owner, Mr. Camina. Q - OF this Insurance Policy of Peoples’ Insurance, what do you know of this policy? A.-Sir, the insurance company will pay all the cost of the repair in case of accident, if the accident report states that the cause of the damage is a thitd party and Mr Camina, their client, the insurance company will file a reimbursement case from the person who caused the damage, otherwise, if the other party is not a fault, or there is no one at fault as stated in the Police Investigation Report of this case, the damage is for the account of the insurance company,Page -5- 22. Q - In this case, did you come to know if the insurance company filed a case against a third person involve in the accident? A - NO Sir, to my knowledge, because the Accident Report did not state who is/are responsible among the three (3) motor vehicles involved in the accident. 23. Q- For the last time and before you affix your signature to your Judicial Affidavit, do you affirmed that what you stated in this Judicial Affidavit is the truth as far you know in this case? A ~ Yes sir, I affirmed and confirmed it and I am willing to sign my Judicial Affidavit. a IN WITNESS WHEREOEF, | affixed my signature ofRB 08 my of February, 2022 SITY OF MANDALUYONGity. SUBSCRIBED AND SWORN TO before me EB DS QR of February, 2022 in Mandaluyong City, affiant exhibiting to me exhibiting to me his UMID with No. 0111- 6047425-8 issued in the Philippines. That Patrick Jan D, Carpio, the affiant appeared and conducted the taking of this Judicial Affidavit via electronics mail (e-mail) due to safety and health reasons, brought by Covid-19. LIXT. De RAMOS {tty ain a 06 (aa ine anaes 7 Doc. No. 34 ane a Ape +b Page No. _£0- a rset eartts Pai iy for 2000 oe TIN No, 144.078.924.000 Book No. _[V Het hamrenmeanuragcnoa e i 0M 'E Busabew Medium Rise Contomision, Series of 2022 ae BXHIBIT “EB” edly) LIGHXAEXHIBIT “[bE*Republic of the Philippines City of Mandaluyong) 8.8, X- x ATTESTATION Thereby attest that | faithfully recorded or caused to be recorded the questions and the corresponding answers that the witness PATRICK JAN B. CARPIO gave in his JUDICIAL AFFIDAVIT whieh conducted via electronics’ mail (video conferencing) on February 8, 2022 at 4:00 in the afternoon via video conferencing in our law office at Unit 107-E BMRC, Banahaw St, Highway Hills, Mandaluyong City and that neither 1 nor any other person then present coached the witness regarding, his answers. All the witness answers in this Judicial Affidavit were given by him voluntarily and freely and without the help of anybody ‘This Judicial Affidavit was taken with the help and in the presence of our legal secretary, Andrea D. Simbajon. ‘That 1 explained to the witness that he could be charge of the crime of “perjury” if any portion of his judicial affidavit is not true and correct before I submit this Judicial Affidavit at the Honourable Metropolitan Trial Court Br. 63 (129) of Makati City to serve as his direct testimony in CRIM, CASE M-MKT-19-03870-CR, for Reckless Imprudence, etc,, to serve as his direct testimony in the in this case. That I attest to the truth of the foregoing. That I am the counsel for the accused in this case and in this capacity, I prepared this attestation clause and I have hereunto affixed my signature this __ day. of February, 2022 in Mandaluyong City. ng ’ FELIX T. DE RAMOS Affiant SUBSCRIBED AND SWORN TO before me thi EB” 9fay"ot February, 2022 in Mandaluyong City, affiant exhibiting to me his OSCA LD, NO. GGG-6086 issued in January, 2019. Notary Public ANT. Gas 10 Noy ‘Until Decent . x Appt. No. 05444 land. Gity Doc. No. © Raw No. s88330808/0-2 BP lifetne Member No. 015493, (1/28/16, SAI PTR No. 486608, 01/03/22, Mand Cy Page No. __ MCLE COMPLIANCE NO. 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BACK 0 1.000 2103.87 axcast | co. eee pan sr wooo ine pa Co rain om come te oa ae = inure See ae eee ments | Customer Copy | tester wdBetatt tos outtecrmse me \ IEE SRSA vgrae yorss oo: ooo 0 cotrToW no a era se | Se TERETE — | NBP2918 | Seniemeesenrat eyWal @TOvoTA cpap] exxexeSHBIT “ee SERVICE BILLING A6LA024169 = - a eS ree ae =a | aime BIAS OE com ovonn rn an | . pam nen | Tre voces WACO aneeasan ber! br ae a I a ows iene eae fi" ae pease a Teciael a_i ony SSF can Bases emer So ree Pane Taare ces McMOMMDAREL cana |Feree tent [a hme cateo Te oom oereerucrow Shea" wane “cestAnoNcSoceasro, —osssnenon an access | ay ise | [ores bm ron on i ‘me tmer| Het tee te reese aoe a pengaanerere ‘test ease array ameen ‘om ‘me ae ee eet esata sovorrmsamr = me aie igs eestaes pilin - Gan + coma veco susasey ime San eet eae peeaitanlli oe ioe [+ 2 meone aes a: oon ee ieee seeoggpieiin *y in aes ta dahaaes! ie Poaees ceroefaensere me Sant amen oie coed te San Vawes | : ‘oesen-s0c7s ‘TSLG (2UTERS) 3.000 357 | fea eemaaie vera gies a om —_aoae ‘rit nae amie a an : = an nigral = oat fe eens aie omaens coe ee vas ms ‘ea ons Aner tee _— oan ee Costner a me i ome one est pa ‘eta PE SSaaee ec mata sck erent enon lin Roem a A, Sacer ets Carrey Slates ee tomes eae Customer Copy | Saisweausinss me reascrmens | rgcoveg ream enpazyyooc. 0000 once 0 CORON ND THAT REPS | | SST SET eee RN, reer eerranren |Pp cooscme, EXHIBIT “a7 TOYOTA Seaeee aetna LLOYD DARELL CABILBIGAN CAMINA 1459 KALAMANS! ST NAPICO MANGGAHAN City Of Pasig 1600 Metro Manila TIN : 317-630-189-00000 [Customer No : 2000201801 Business Style : LLOYD DARELL Fecal ta aioe oP "tn Seren eine ee Toe Cabos OFFICIAL RECEIPT Date : 01/31/2019 Page: 2 Reference No: A6LAQ24168 \VATable Sales 5.35714 Total Sales (VAT Inclusive) 6,000.00 VAT-Exempt Sales 0.00 ess Deposit : 0.00 | Zero-Rated Sales 0.00 Less: Withholding Tax 0.09 | [TOTAL SALES 5367.14 AMOUNT DUE” 000,00 | VAT Amount, 642.86 4 t TOTAL 6,000.00 * Form of Payment Cash 6.00000 % ‘SIX THOUSAND and 00/100 PESOS ONLY Deposit Re JABiAnieata REPRINT COPY atioraed Signature SET eames tnnecn von REST BecE sees Sao cron) Beenie “THIS RECEIPT SHALL BE VALID FOR FIVE (5) YEARS FROM THE DATE OF THE PERMIT TO USE.” BR tee TUeATION PEE4 @® TOYOTA coum EXHIBIT 4? oeeatan PEOPLE'S GENERAL INSURANCE ‘CORPORATION “09/30/20 19 420 Calle Magallanes Intamuros 2 Manila City 1002 Metro Manila Reference No: TIN ; 000-887-923-00000 Customer No : 1001018473 |ABLAQOS 128, AGLA01 1004, AGLAO} 642 Business Style: PEOPLE'S GENERAL INSURANCE CORPORAT 3,A6LA018146 AGLAO2 1692,A6! 24 074, ‘A6LA024076 J /ABLA024084,A6LAO [WaTabe Sas Ties 70 Tol Sales WAT neue) Tate] \VAT-Exempt Seles 0.00 Lass. Deposit 000 \Zero-Rated Sales 0.00 Less: Withholding Tax 9.00 TOTAL SALES 2,186,017.70 AMOUNT DUE 2.434,265.14 VAT Amount 259,722.15 i TOTAL 2.414,739.85 | Form of Payment | ‘Check 2,.434,241.14 yi “TWO MILLION FOUR HUNDRED THIRTY-FGUR THOUSAND TWO HUNDRED FORTY-ONE and 14/100 | ; PESOS ONLY ‘Deposit Ref SERVICE PAYMENT, | | Cheque Number : 104726 / 104726 | |eank Provider: S8/0.6 | [PAYMENT FOR VARIOUS CLAIMS ‘Authorized Signature SSS TEE ee reenasner common snow oon BRETT SR Apa Mem iio.) Ea eet BEER “THIS RECEIPT SHALL BE VALID FOR FIVE (6) YEARS FROM THE DATE OF THE PERMIT TO USE." we ov payment REPRINT COPYMA = BIT“ LETTER OF AUTHORITY 420 Cate Magallanes, Insramuros, Mania P.O, Bax No, 1886, Manila Tel. Nos. (02) $27-7611 to 18 Fax No.. (02) $27-685S, (02) 404-0383 TIN-000-887-92 3-000 Cl# 0292373 Date: __Eebruary 1. 2019 1.oa.no,, 365690 _ Our Policy No, RLCV-THP ong04762____ Our Assured CAMINA. LLOYD DARELL CABILBIGAN Unie 2018 TOYOTA AVANZA 13E.AT-.3K - 006 TP/Owner MotarNo- Serial No. ——MHKMSEF2FIKO14981 Plate No. ee a cciccnnissiesieiininitmanmainen ' Date of Accident — + _12/07/2018. Gentlemen. ‘This{s to authorized TOYOTA CUBAO (0 proceed with the repair ofthe subject (NAME OF MOTORSHOP) ‘vehicle in accordnce withthe following : Estimated / Evaluated Amount * Discount on Labor. te econ oe Bae Gross Liability ... Less : a) Deductible Franchise +) 0.00 9 depreciation (N AFIS FEPIRCE ssn PGIC Liability : 349,213.19 Pease note that no increase, whatsoever in the cost of repair maybe incurred without our prior approval, Farther, deductible, franchise and deprecation of pars replace shall befor the assured’s personal account and to be collect by you from the assured. ‘You shall deliver the vehicle tothe owner upon completion of repalrs to his full satifaction. Al replace parts most be ‘surrendered to us on or before the release of our settlement check. Please send your fina bill together withthe corresponding release papers, duly slgned by the Assured/Claimant for payment ‘Thank you, IF TO BE CASH SETTLED OR AWARDED TO THREE (3) OF FOUR (4) STAR SHOPS. THE EVALUATED AMOUNT SHALL BE RE-EVALUATED TO A Very truly yours, MINIMUM OF 35% ALL REPLACED PARTS MUST BE SURRENDERED PEOPLE'S GENERAL INSURANCE CORPORATION By