Republic of the Philippines Department of Justice OFFICE OF THE PROVINCIAL PROSECUTOR
, Complainant
NPS No.: _______________
- versus P03
, Respondent
COMPLAINT AFFIDAVIT ”The
right of a person using public streets and highways for travel in relation to other motorists is mutual, coordinate and reciprocal. He is bound to anticipate the presence of other persons whose rights on the street or highway are equal equal to his own. Although he is not an insurer against injury to persons or property, it is nevertheless his duty to operate his motor vehicle with due and reasonable care and caution under the circumstances for the safety of others as well as for his own.”1
I, _________ legal age, ______, Filipino and a resident of ___________, __________, Philippines, after having been sworn in accordance with law, hereby depose and states that: 1. On _____________ at about 2 o’clock in the afternoon along the _________, I drove my _______________ , going south of _________, motorcycle (XRM Honda, Plate No. ______) at a restricted speed mandated by law, 40 – 50 Kph. Along with me is my back seat rider and co-worker, ___________ we were on our way to work at _________________. At about 10 meters, more or less, ahead of me is, P03 ___________, ___________, to be hereinafter referred to as the respondent, is a resident of _______, being then the driver of one ___ Patrol Car 1
LARRY V. CAMINOS, JR. vs. PEOPLE OF THE PHILIPPINES, G.R.No. 147437, MAY 8, 2009.
(bearing the plate number, ____) traversing southward of Negros Oriental; he did then and there made a swift U-turn in a reckless, careless, negligent and imprudent manner, without regard to traffic laws, rules and regulations and without taking the necessary care and precaution in avoiding damage to property and injuries to person, causing such negligence, carelessness and imprudence the said Patrol car collided with my motorcycle driven by me, thereby causing damage to the motorcycle which would require repair estimated at TWENTY FIVE THOUSAND (PHP 25, 000.00); 2. As further consequence due to the instantaneous impact, I suffered bodily injuries which required medical attention for a period of ____ days, from _______ to _________, and incurred the amount of THIRTY FIVE (PHP 35, 000.00) as hospitalization expense and medication bills. I have been incapacitated and relieved from performing my customary labor as cook in the Resort since the vehicular accident;
3. The report from Police Station clearly establishes the acts of recklessness by the respondent. As contained in the said report dated 28 May 2017 at 2 o’clock in the afternoon and on what transpired on __________, I manoeuvred my motorcycle on the proper lane at 40-50 Kph, a reasonable rate of speed commensurate with the conditions encountered which enables me to keep the motorcycle under my full control and under normal conditions. I drove along the stretch of_______, heading south when the Patrol car swiftly driven by the respondent coming from the same lane, going south to north thereby, encroached my driving lane in a vain manner and made a left U-turn without prior audible sound or visual signal in a national highway , and to avoid collision on my left and on my right side for other vehicles or pedestrians, I had no other choice but to crash against the Patrol car. R.A. No. 4136 (Otherwise known as Land Transportation and Traffic Code) Article III. Right of Way and Signals.
Section 42. Right of way. (b) The driver of a vehicle approaching but not having entered an intersection, shall yield the right of way to a vehicle within such intersection or turning therein to the left across the line of travel of such first-mentioned vehicle, provided the driver of the vehicle turning left has given a plainly visible signal of intention to turn as required in this Act. Section 43. Exception to the right of way rule. (b) The driver of a vehicle upon a highway shall yield the right of way to police or fire department vehicles and ambulances when such vehicles are operated on official business and the drivers thereof sound audible signal of their approach. Section 44. Signals on starting, stopping or turning. (a) The driver of any vehicle upon a highway, before starting, stopping or turning from a direct line, shall first see that such movement can be made in safety, and if any pedestrian may be affected by such movement, shall give a clearly audible signal by sounding the horn, and whenever the operation of any other vehicle approaching or following may be affected by such movement, shall give a signal plainly visible to the driver of such other vehicles of the intention to make such movement. (b) The signal herein required shall be given by means of extending the hand and arm beyond the left side of the vehicle, or by an approved mechanical or electrical signal device.
Photographs of the actual collision were taken as well to support the report. Machine copies of which are herein attached and made integral part hereof as ANNEXES “A” and “B”;
4. In the affidavit executed by P03, he affirmed and confirmed that, “after my clear verification that the highway was clear to manoeuvre left from South to North direction, I took a left U-turn manoeuvre for us to go back to Police Station with P02Ausejo signal sitting at my back that the highway is clear to manoeuvre ...” P03 showed utter conscious indifference to the consequences of his conduct, without regard to traffic laws, violative thereto. It can be uprooted from his statement that when he allegedly drove the Patrol car and made a left U-turn, this under normal conditions could not be considered safe and manageable as to enable me to bring my motorcycle to slow down effectively or to a full stop when necessary. It can also be gainsaid that P03 disregarded utilizing his left side mirror and rear end mirror in scanning the road as clear and without obstruction , this is a standard protocol for drivers and being a police officer, it is expected of him to be well – versed with traffic guidelines or protocols; 5. The collision disfigured my motorcycle from the point of impact throwing me off my seat and knocking me unconscious, while my co-worker sustained minor injuries. Machine copies of my medical reports are hereto attached and made integral part hereof as ANNEX “C”. Unconscious, I was boarded into a _____ and was brought to Hospital for medical attendance; 6. Likewise, the complainant incurred moral damages consisting of serious anxiety, sleepless nights, moral shock and similar injuries which though incapable of pecuniary estimation may be quantified by this Honorable Court at Php 20,000.00; 7. Likewise, to serve as an example for the common good and to teach the respondent who is a public officer not to repeat the same should be made to pay corrective and exemplary damages at no less than Php 50,000.00; 8. As a consequence of the motor vehicular accident, complainant was constrained to seek the services of counsel at an agreed
acceptance fee of Php 20,000.00 and a per appearance fee of Php 1,500.00 per appearance; 9. I am executing this complaint affidavit to attest to the truth of the foregoing statements and for whatever legal purpose this may serve.
