COMPLAINT-AFFIDAVIT

I, Hermogenes C. Yapit, of legal age, single, Filipino and a resident of San

Juan, La Union, after being sworn to in accordance with law, depose and state that:

1. Sometime in the afternoon of October 13, 1994 in the Municipality of

Bacnotan, specifically along National Highway at Brgy. Baroro, Bacnotan,
La Union, Rico V. Nacario, to be hereinafter referred to as the accused, who
is a resident of Sitio de San Roque, San Antonio Valley, Paranaque, Metro
Manila being then the driver of a right hand drive ten wheeler truck bearing
plate number DFD 824, did then and there willfully, unlawfully and
feloniously drive, manage and operate the same in a reckless, careless,
negligent and imprudent manner, without regard to traffic laws, rules and
regulations and without taking the necessary care and precaution to avoid
damage to property and injuries to person, causing by such negligence,
carelessness and imprudence the said vehicle to bump/collide with a
passenger jeepney bearing plate number DVW 426 driven by me, thereby
causing total wreck of the jeepney with an estimated damage of
P225,000.00;

2. As further consequence due to the strong impact, I and the passengers

named Aurora Acierto, Christian Catbagan, Mermanie Arquitola, Rowena
Acebes, Evelyn Cabagbag, Leticia Balicha, Mary Jane Abad, Edna
Sobremonte, Emma Ragsac, Anthony Pineda, Helen corpus, Roel Go, Rubie
Soloria, Wilson Halog, Erlinda Papa, Eleuterio Bahiwag and Mark John
Tuguilar suffered bodily injuries and a passenger named Erlinda Papa died.;

3. The report from the Bacnotan Police Station clearly establishes the
recklessness of accused. A copy of which is attached as ANNEX A and
made an integral part of this complaint. As contained in said report and
going back to what had transpired, I was then travelling northward when all
of a sudden the truck then travelling to the opposite direction swerved to the
left and collided with the my jeepney to avoid bumping an unindentified
tricycle that enter into the trucks lane but in doing so, the truck collided
with the passenger jeepney;
 4. The truck fell at the eastern side of the road facing southeast while the
jeepney was on eastern lane also facing southeast. Photos of the actual
collision of the subject vehicles are attached as ANNEX B and made an
integral part of this complaint;

5. Therefore, the accuseds overtaking and the speed in which he drove the
truck appear to be the main causes for his inability to stop the truck and
avoid the collision. Indeed, accused, being the driver of an overtaking
vehicle, should have ensured that the conditions were such that an attempt to
pass is reasonably safe and prudent, and in passing should have exercised
reasonable care, which he failed to do so, thus, he should be made liable for
the resulting damages to the jeepney and for the injuries we sustained;

6. I am therefore executing this Complaint-Affidavit in support of the charges

for Reckless Imprudence Resulting in Serious Physical Injuries and Damage
to Property against the said Accused.

IN WITNESS WHEREOF, I have hereunto set my hand this

_____________ at _____________, Philippines.

HERMOGENES C. YAPIT
COMPLAINANT

SUBSCRIBED AND SWORN to before me this _____________ at

_____________. I hereby certify that I have examined the Affiant and that I am
fully satisfied that he has voluntarily executed and understood the contents of his
Complaint-Affidavit.

Administering Officer