REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 59, BAGUIO CITY

PEOPLE OF THE PHILIPPINES Crim. Case No. 2015-0085

Plaintiff For: Reckless Imprudence
Resulting to Serious Physical
Injuries
-versus-

AUGUSTUS DOE
Defendant
x-----------------------x

JUDICIAL COUNTER AFFIDAVIT OF AUGUSTUS DOE

PURPOSE:

This JUDICIAL COUNTER AFFIDAVIT OF Augustus Doe in lieu of direct

testimony is being offered to prove the material allegations in the complaint,
identify the documents attached herein and such other matters relative thereto.

Preliminary Matters:

Witness is Augustus Doe, 25 years old, single, native of Buguias, Benguet

and residing at Middle Quirino Hill, Baguio City. He is a regular driver-vegetable
dealer.

DARRIEL N. YET, with office address at Rm. 1, ABC Building, Legarda Road,
Baguio City, is the one conducting or supervising the examination of the witness
held at the above mentioned Law Office.

Witness is answering the questions asked, fully conscious of being under

oath and aware of being under pain of criminal liability for false testimony or
perjury.
 Circumstances on how the witness acquired the facts:

1. Q. Do swear to tell the truth and nothing but the truth in tis examination?
A. I do.

2. Q. Do you recall where you were on April 20, 2015 at 9:00 PM in the
evening?
A. Yes Sir. I together with my cousin, April, were traversing the Pico-Puguis-
Buyagan Road going home after paying a visit to a cousin, John Paul, at
Wangal, La Trinidad, Benguet.

3. Q. So, are you saying that you were driving during that night?
A. Yes Sir. I was driving my car, an elf Canter.

4. Q. What happened while you were traversing the Pico-Puguis-Buyagan

Road?
A. While we were at a distance of approximately 50 meters from the old La
Trinidad Public Market to a direction towards Baguio City driving at a
minimal speed, at a gear of Primera, I saw three (3) drunken
malefactors shouting while walking on the right of road facing the
intersection as if there were no vehicles passing, much more that one of
the three malefactors who later on identified as June was not just
walking but running backward wiggling.

5. Q. What happened next?

A. Immediately upon seeing the 3 drunken malefactors, I stepped on the
break and blew the horn thrice. However, despite the fact that I stepped
on the break, was running very slow and blew the horn, this June
continue walking backward wiggling towards the center of the road and
then suddenly turned back, thereby bumping my car with force with his
head hitting the metal bumper. Moreover, due to the heavy rain prior
the incident the road was slippery because of scattered water puddles.
Thus, even if I am diligent my car did not immediately stop which caused
June to roll on the ground.

6. Q. Just after June physically bumped himself on your car, what did you do?
 A. I immediately went out of the car and with the aid of another person
brought June to Benguet General Hospital for medical attention.
Thereafter, I went back at the crime scene and talked with the police
officers who were then conducting an inquiry-investigation.

7. Q. Did you see the Medical Certificate of June? Was it indicated who
brought June at the hospital?
A. Yes Sir. The certificate shows that I with Reveille Domingo was the one
who delivered/brought June at the hospital as evidence by our
respective signature and date.

8. Q. What about April? What did he do, if any?

A. He stayed at the scene and initially entertained the police officers.

9. Q. What did the police officers do to you, if any?

A. Officer Linmayog inspected my breath and subjected me to Field
Sobriety Test. He also checked my Drivers License (marked as Exhibit
A).

10.Q. Did you see the Police Report (marked as Exhibit B) relative to the
inspection and Field Sobriety Test conducted by Officer Linmayog?
A. Yes Sir.

11.Q. What does the Report states?

A. On the remarks of the Police Report, it was stated that the, no
indication of alcohol intake and the driver, Augustus, passed the Field
Sobriety Test. Hence, I did not violate R. A. No. 10586 also known as
Anti-Drunk and Drugged Driving Act of 2013 or any law or special law.
Further, I cannot be presumed to be negligent because I did not violate
any traffic regulation.

12.Q. Are there any other remarks in the Report? Kindly state them, if there
are for the record.
A. Yes Sir. The remarks further stated that there were no skid marks on
the crime scene to indicate sudden application of heavy break and as
 the speedo meter of the vehicle would show, the vehicle was running on
a minimal speed and that the vehicle was under the gear of Primera.

13.Q. Do you have any other statements you wish to add?

A. Yes Sir. The fact that the victim and his friends were drunk during the
incident makes their testimony regarding my speed not credible because
they were in a state of intoxication. Hence, their perception is not
reliable.

Done this 21st of May 2015 in Baguio City, Philippines.

AUGUSTUS DOE
Affiant

SUBSCRIBED AND SWORN to before me this 21st of May 2015 at

Legarda Road, Baguio City, affiant presented his PRC License with ID No.
2015001 issued on April 20, 2015, and signed the foregoing judicial counter
affidavit IN MY PRESENCE and avowed under the penalty of law the truth of
the contents of the said judicial counter affidavit and attested that the
exhibits attached are faithful copies and true copies of the original.

DARRIEL N. YET
Notary Public
Until Dec. 31, 2015
Rm. 1, ABC Bldg., Legarda Rd.,
Baguio City
Tel. No. (074)-222-4212
PTR No. 102055; 2/10/200/; Quezon City
IBP No. 190088; 2/10/2007; Baguio City
ROA No. 19835; 2/06/2006
Commission Serial No. 12-NC-32(R))
MCLE Compliance No.: III-00012: 5/24/ 2012
Doc. No.: 121
Page No.: 85
Book No.: 1
Series No.: 2015

Republic of the Philippines)

City of Baguio) s.s

LAWYERS ATTESTATION

I, ATTY. DARRIEL N. YET, counsel of the defendant with the mentioned

Law Office address, hereby depose and state the:

1. I personally conducted/supervised the examination of Augustus Doe;

2. I have faithfully recorded or caused to be recorded through tape record,

the questions I asked and the corresponding answers that Augustus Doe
as witness gave;

3. I can reproduce a copy of the said tape record if ordered by this

Honorable Court and/or requested by the adverse party but they shall
however shoulder the copy of such reproduction;

4. No one has coached the witness in giving his answers; and

5. I attest to the truth of the foregoing and for ever legal purpose it may
serve, under the pain of legal consequences and disciplinary action
including disbarment.
 SUBSCRIBED AND SWORN to before me this 21st of May 2015 in Baguio
City, Philippines.

Copy furnished by personal service:

Atty. James Fernandez

Chan, Fernandez & Tangkia Law Offices
Rm. 3, UOB Bldg., Gen. Luna Rd., Baguio City