Republic of the Philippines Philippines Cordillera Administrative Region First Judicial Region REGIONAL TRIAL COURT Branch 1 ISAGANI DELA CRUZ, Plaintiff Civil Case No: - vs RICARDO KATINDIG, Defendant x------------ x----------------------------------------------------------------x -x
For: For: Damages arising from Breach of Contract of Carriage with Writ of Preliminary Attachment
JUDICIAL AFFIDAVIT OF ISAGANI DELA CRUZ 1.
Q: Do you swear to tell the truth and nothing but the truth under this Judicial Affidavit A: Yes, I do.
2.
Q: Please state your name, age, citizenship, civil status and residence A: I am Isagani Dela Cruz, 45 years years old, Filipino, single and a resident of FA 999, Sitio Cabanao, Barangay Balili, La Trinidad, Benguet.
3.
Q: Do you know where you are now? A: I am at the Nagpala and Rico Law Office located at Room 4, Porta Vaga Building, Bu ilding, Session Road, Baguio City
4. Q: A:
5.
Do you know why you are here now? I am here upon the request of my lawyers, Attys. Carlo Benedict L. Nagpala and and Ericson Rico
Q: Do you know know the reason, if any, why your lawyers lawyers invited you here? A: I was invited invited to give my answers answers to the questions that the lawyers will ask me
regarding the case filed against Robert Battinsen by the Office of the City Prosecutor 6.
Q: Before you were asked any questions by your lawyers, what did they tell you if any? A: Atty. Nagpala told me (1) that he will ask me questions regarding the pending case; (2) that I am required to answer truthfully each question posed to me; (3) that I shall give my answers based on facts I personally know about the subject matter of the case; and (4) that I shall give my answer under oath, and if I state any falsity, I may be criminally liable for any false testimony.
7.
Q: Do you know the Defendant in this case? A: Yes, Sir.
8.
Q: How did you know him? A: I rode in his taxi cab.
9.
Q: When did you ride in his taxi cab? A: On August 2, 2013, at around 8:30 in the evening
10. Q: What prompted you to ride in his taxi cab? A: That night, Typhoon Yolly has just made its land fall in Benguet and Baguio City which caused the heavy down pour of rain as well as strong winds. This made walking from Session Road to La Trinidad’s Jeepney Station at Magsaysay very difficult. Thus, I had no other choice but to ride in a taxi cab. 11. Q: After entering Defendant’s taxi cab, where did you sit? A: I sat at the right most portion in the back seat 12. Q: What happened next? A: I instructed him to bring me to my residence at FA 999, Sitio Cabanao, Barangay Balili, La Trinidad, Benguet. 13. Q: What did he do after that? A: He said, “Okay, Sir”, switched on his meter and went towards the direction of La Trinidad.
14. Q: In the course of your travel, what did you observe in so far as Defendant’s manner of driving is concerned? A: He was reckless. 15. Q: Why do you say so? A: He drove too fast. 16. Q: Was he reckless during the entirety of the travel? A: No, Sir. From Session Road to Bell Church, he drove slowly because of heavy traffic. 17. Q: Can you narrate to us then the time when Defendant started driving fast? A: After getting past Bell Church and having realized that there was no more traffic, he started driving fast. He only slowed down when he saw another vehicle coming from the opposite lane of the road. 18. Q: Based on your estimation, what is the speed of the taxicab? A: Around 75 kph to 85 kph, Sir. 19. Q: What did you do when Defendant started driving fast? A: I had no choice but to hold onto the side handle bar of the taxi cab. 20. Q: What else did you do, if any? A: When we are already at K.m. 5, passing by La Trinidad Public Market, I asked him to slow down. 21. Q: What did he do when you told him to slow down? A: He slowed down for a little while. However, after getting past Mc Donald’s, which is just a few meters away from La Trinidad Public Market, Defendant started driving fast again.
22. Q: How fast? A: Still the same, around 75 kph to 85 kph, Sir.
23. Q: Do you know the reason why he started driving fast again? A: Because Defendant neither saw a vehicle ahead of him nor a vehicle coming from the opposite lane of the road. 24. Q: How did the road look like from Mc Donald’s onwards A: The highway is straight from Mc Donald’s up to D and L. 25. Q: Just how far is Mc Donald’s to D and L? A: Approximately 1 kilometer, Sir. 26. Q: What happened next? A: When we were passing by Epiphany Church, I heard two explosions. 27. Q: How far is Epiphany Church from Mc Donald’s? A: Approximately 400 meters, Sir. 28. Q: What happened after the explosions? A: The taxi cab skidded to the left because Defendant lost control of the taxi cab. Right after this, I felt the cab turning twice. 29. Q: And then what happened next? A Right after the accident, I remember 3 people assisting us to get out of the cab. After helping us get out of the cab, two of them accompanied us to BeGH. 30. Q: What did they do to you when you were at BeGH? A: Initially, the attending doctor at the emergency room instructed his staff to help me go to the XRay room so that I can undergo XRay Examinations. After getting the X-Ray results, Dr. Manalo referred me to the Surgery Department of the Hospital. The following day, I had surgeries on my hip and shoulder. 31. Q: After the surgeries, what did you do? A: I stayed at the Hospital for one and a half week to recuperate.
32. Q: When you were discharged from BeGH, who paid for your bills and expenses? A: I did, Sir. 33. Q: How much did you pay? A: P624,000, Sir. 34. Q: Showing to you a receipt issued by BeGH marked as Exhibit A, can you recognize this receipt? A: Yes, Sir. 35. Q: Why do you say so? A: That is the receipt issued to me by BeGH after paying my hospital bills. 36. Q: Appearing on the receipt is a signature, whose signature is this? A: It is the signature of Ms. Maria De Jesus, the Hospital Treasurer of BeGH. 37. Q: Why do you say so? A: I saw Ms. De Jesus sign the receipt before giving it to me. 38. Q: After being discharged from the Hospital, what did you do? A: I rehabbed my shoulder and hip. 39. Q: Where? A: At Hands of God Therapy Center. 40. Q: How many A: Five, Sir.
sessions
did
you
have?
41. Q: Who paid for the fees of your therapy sessions? A: I did, Sir. 42. Q: How much did you pay? A: P5,000 per session, Sir. 43. Q: Showing you five receipts marked as Exhibit B-1, B2, B-3,B-4 and B-5, can you recognize them? A: Yes, Sir.
44. Q: Why do you say so? A: Hands of God Therapy issued me those receipts after paying them. 45. Q: Appearing on the receipt is a signature, whose signature is this? A: It is the Signature of Banjo Calpito, the auditor of Hands of God Therapy Center. 46. Q: Why do you say so? A: I saw Mr. Calpito sign the receipts before giving it to me. 47. Q: Do you affirm and confirm the truth of all your answers to the questions asked of you in the foregoing examination? A: Yes, Sir. I do 48. Q: Are you adopting this examination or judicial affidavit as your direct testimony? A: Yes, Sir. IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of December, 2013 in the City of Baguio ISAGANI DELA CRUZ Affiant SUBSCRIBED AND SWORN to before me this 5th day of December in the City of Baguio, Affiant appeared before me and exhibited her GSIS ID No. 203011 and signed the foregoing counter affidavit IN MY PRESENCE and avowed under penalty of law the whole truth of the contents of the judicial affidavit and attested that the exhibits attached are faithful and true copies of the original. CARLO BENEDICT L. NAGPALA My Commission Expires on December 31, 2014 Notary Public Roll No. 2061810 PTR No. 789101; 1-31-13; Baguio City
IBP Lifetime No. 654321 MCLE Compliance No. 31313131
REPUBLIC OF THE PHILIPPINES) IN THE CITY OF BAGUIO )S.S. x---------------------------------------------------------x LAWYER’S ATTESTATION
I, Carlo Benedict L. Nagpala, the counsel of record of ISAGANI DELA CRUZ under oath declare that: 1. I personally conducted the examination of Isagani Dela Cruz in a question and answer format; 2. The questions propounded and answer given in the foregoing judicial affidavit are faithfully recorded as they now therein and that the corresponding answers to the questions were duly given by the affiant Juanita Milagrosa; that I nor any person has assisted, helped, coached the affiant in giving her answers to the questions; 3. The documents now attached to the affidavit and marked correspondingly as Exhibits “A”, “B-1, B-2, B-3, B-4 and B-5” to was identified and authenticated; 4. I am fully aware of the consequences of giving false attestation. SUBSCRIBED AND SWORN TO before me this 5th day of December 2013 in the City of Baguio, Philippines. DETDET EUGENIO Notary Public My Commission Expires on December 31, 2014 Roll No. 123456 PTR No. 789101; 12-31-13; BC IBP Lifetime No. 654321 MCLE Compliance No. 31313131
