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Republic of the Philippines

Department of Justice
OFFICE OF THE PROVINIAL PROSECUTOR
Province of Cagayan
SANCHEZ MIRA

ROLANDO D. CADIZ,
Complainant,

Case No.__________________

- versus - For: Reckless Imprudence


resulting to Less Serious
Physical Injuries and
Damage to Property

JOHN A. CALLUENG,
Respondent.

x----------------------------x

COMPLAINT-AFFIDAVIT

Complainant, ROLANDO D. CADIZ, of legal age, Filipino,


married and with address at Brgy. Centro 1, Sanchez Mira,
Cagayan, assisted by the undersigned counsel, under oath,
depose and state that:

1. Sometime around 12: 00 PM of 02, February 2019


specifically along Manila North-Road, John Callueng, to be
hereinafter referred to as the respondent, who is a resident of
Brgy. Maddarulug, Enrile, Cagayan, being then the driver of
Toyota Hi-ace passenger van with conduction sticker No. VL
1220, 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 my ISUZU
Elf Truck bearing plate number BDC 178. driven by me,
thereby causing damage to my ISUZU Elf which would require
repair estimated at TWO HUNDRED SEVENTY SEVEN
THOUSAND TWO HUNDRED PESOS (P277, 200.00);

Attached hereto is the photocopy of the mechanic’s


estimate of the total amount of job repair marked as ANNEX
“A” and made an integral part hereof.

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


suffered bodily injuries which required medical attendance
for a period of 12 days, from 02 February 2019 to 14
February 2019, and incurred the amount of TWO
THOUSAND FIVE HUNDRED FORTY FIVE PESOS and 73/100
(P 2,545.73)as hospitalization expense. Not to mention the
fact that I have become incapacitated from performing my
customary labor since the accident;

Attached hereto are the medical and hospitalization


expense marked as ANNEX “B to B-3” and are made integral
part hereof.

3. The report from the Sanchez Mira Police Station clearly


establishes the recklessness of accused. A copy of which is
attached as ANNEX “C” and made an integral part of this
complaint. As contained in said report and going back to what
had transpired, I was then driving my ISUZU Elf as described
above on its proper lane along the stretch of Brgy. Santor,
Sanchez Mira Cagayan making a U-turn when suddenly the
vehicle driven by the respondent traversing the Manila North
Road towards the East Direction heading to Tuguegarao City
on full speed. Before the I turned to my left, I look into my
side mirror to check that the vehicle trailing me has a
considerable distance from my vehicle and flashed my signal
light and flashed out my hand as well to turn left and was
making a U-turn. But the passenger van was on top speed, in

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a vain attempt to catch up with another PUV, collided with my
vehicle. To avoid collision I in fact even tried to swerve my elf
to the right shoulder of the road to forgive much room for the
respondent’s vehicle to pass, notwithstanding, the collision
was not avoided;

4. The collision banged the left-side of the ISUZU elf the


point of impact while throwing me off my seat and knocking
me and my passengers out of my Isuzu Elf who likewise
suffered injuries. Accused’s vehicle skidded southward
evidencing his irresponsible and reckless act of overtaking and
overspeeding. Photos of the actual collision of the subject
vehicles are attached as ANNEX “D-D2” and made an integral
part of this complaint;

5. It is well-established that all the elements of Reckless


Imprudence as defined under Article 365. Reckless imprudence
is defined as follows:

“Art. 365. Imprudence and negligence. –


xxx

Reckless imprudence consists in


voluntarily, but without malice, doing or
failing to do an act from which material
damage results by reason of inexcusable
lack of precaution on the part of the
person performing or failing to perform
such act, taking into consideration his
employment or occupation, degree of
intelligence, physical condition and other
circumstances regarding persons, time
and place. xxx” (Emphasis supplied)

6. In Cruz vs. Court of Appeals1, the Supreme Court


enumerated the elements of Reckless Imprudence,
to wit:

1
G.R. No. 122445, November 18, 1997

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“The elements of reckless imprudence are: (1)
that the offender does or fails to do an act; (2)
that the doing or the failure to do that act is
voluntary; (3) that it be without malice; (4) that
material damage results from the reckless
imprudence; and (5) that there is inexcusable
lack of precaution on the part of the offender,
taking into consideration his employment or
occupation, degree of intelligence, physical
condition, and other circumstances regarding
persons, time and place.” (Emphasis supplied)

7. Therefore, the respondent’s overspeeding in which he


drove the passenger van with lack of precaution of his van
appear to be the main causes for his inability to stop his car
and avoid the collision. Indeed, accused, being the driver of the
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 ISUZU elf and for the injuries I sustained and
the injuries sustained by my passengers and his passengers as
well;

8. A demand letter to pay the obligation in the amount of


THREE HUNDRED THREE THOUSAND SEVEN HUNDRED FORTY
FIVE PESOS and 73/100 (P303, 745. 73) dated ____________ was
sent to John Callueng through mail with registry receipt
______________. A copy of the demand letter and registry return
receipt are hereto attached as ANNEX “E” AND ANNEX “F”.

9. To date the demand for payment of the my damaged


vehicle, reimbursement for my hospitalization expense and for
actual loss of income incurred from the time the accident
happended seemed to have fallen on deaf ears as no payment
was made at all.

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10. I am therefore executing this Complaint-Affidavit in
support of the charges for Reckless Imprudence Resulting in
Less Serious Physical Injuries and Damage to Property against
the said Accused.

ROLANDO D. CADIZ
Affiant

Assisted by:

CUMIGAD LAW OFFICES


2D Arellano Street Extension
Tuguegarao City
Cell no: 09169200131
Email: rrcumigad@yahoo.com
Tel no: 078 255 1472

ATTY. ROTCIV R. CUMIGAD


Roll No. 68067
IBP OR No. (paid, O.R. no. pending)
PTR No. 5642366/01-11-2018/Quezon City
MCLE Compliance Number Pending (Admitted ’17)

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Republic of the Philippines ) S.S
Tuguegarao City )

x------------------------x

VERIFICATION AND CERTIFICATION


OF NON-FORUM SHOPPING

I, ROLANDO D. CADIZ, of legal age, married, Filipino, and


with address at Brgy. Centro 1, Sanchez Mira, Cagayan under
oath, depose:

1. I am the Complainant in the above-captioned case and


have caused the preparation of the foregoing Complaint-
Affidavit.

2. I have read and understood the allegations in said


Complaint-Affidavit and said allegations are true and
correct of my personal knowledge and/or based on
authentic records;

3. I have not initiated any other action or proceeding


involving the same transactions (the same set of checks)
in the Hon. Supreme Court, the Hon. Court of Appeals, or
any other court, tribunal or agency; and that to the best
of my knowledge no such action or proceeding is pending
in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;

4. If I should learn that a similar action or proceeding


involving the same transactions has been filed or is
pending before the Hon. Supreme Court, the Hon. Court
of Appeals, or any other court, tribunal or agency, I
undertake to promptly inform this Honorable Office of
such fact within five (5) days from receipt of such
knowledge; and

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5. I am the Complainant in the criminal case entitled
“Rolando D. Cadiz vs John Callueng” docketed as
________________and now pending before the Office of the
Provincial Prosecutor, Sanchez Mira, Cagayan.

SIGNED: in Tuguegarao City; on


__________________________.

ROLANDO D. CADIZ
Affiant

SUBSCRIBED and SWORN to before me this ___________________


in Tuguegarao City; and I hereby certify that I have personally
examined the affiant and that I am satisfied he understood the
allegations in her Complaint-Affidavt and Verification and
Certification Against Forum Shopping and that she voluntarily
executed the same.

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