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COUNTER AFFIDAVIT

I, JAMES BOND, Filipino, of legal age, with address at


233, Zone 9, Patag, Manila City, after being sworn in
accordance with law, do hereby depose and state:

1. That I am the accused in the above-captioned case


and the authorized driver of a Toyota Hilux with Plate No.
AOE-257;
2. That I am innocent of the crime charged against me in
the Affidavit of Complaint executed by Heinz Rudiger
Heck, the private complainant herein;
3. That I was not reckless. In fact, I was very careful and
employed all the necessary precautions during the whole
incident;
4. That it was unfortunate that the said incident happened
but it was purely accidental and without malice or bad
faith on my part;
5. That I vehemently deny the allegation stated in
paragraph “2” in the said complaint as it is false and
fabricated. The truth of the matter are as follows:

a. That at around one (1) o’clock in the afternoon, on


February 20, 2018,, I was driving the above-described
motor vehicle along Luna Street, Manila City, headed
towards Lim Ket Kai Mall;
b. That the traffic then was congested with the distance
between cars was so close that they were almost
touching each other;
c. That when the traffic started to move, I gently stepped
on the accelerator and slowly drove my motor vehicle
forward;
d. That a few seconds later, the motor vehicle in front of
me, driven and owned by private complaint herein,
suddenly stopped;
e. That I immediately stepped on the brakes to avoid
bumping into private complainant’s motor vehicle,
however, I was already too late as I heard a thump
coming from the front-right portion of my motor vehicle;
f. That upon realizing that I accidentally bumped the rear
portion of private complainant’s motor vehicle, I
immediately went out of my said vehicle to check on
private complainant and the damage I accidentally
caused to his motor vehicle;
g. That upon finding out that private complainant was
unharmed, I felt relieved and I immediately expressed
my intention to pay for the repairs of his motor vehicle;
h. That I initially offered private complainant the amount
of One Thousand Pesos (Php1,000.00) but he declined;
i. That as alleged in paragraph “3” of private
complainant’s Affidavit Complaint, two (2) RTA-Officers
and a police officer arrived the incident to investigate;

6. That contrary to private complainant’s allegation in


paragraphs “7”, he was not ask to pay the balance of “P
1,800.00”. The truth is that FPG insurance was able to
negotiate the amount from “P 6,800.00” down to “P
5,000.00”;
7. That it is likewise not true that I was not interested to settle
this particular matter;
8. That since the day of the incident I have already
expressed my intention to settle although it was declined
by private complaint;
9. That sometime in March 2018 at the PNP Cogon Station 2,
Manila, I offered to shoulder the expenses for the repairs
of private complainant’s motor vehicle through FPG
Insurance, the insurer of my motor vehicle. Unfortunately,
we were not able reach an agreement as he was
demanding an additional of “P500.00” per day for four (4)
days for “Taxi-transportation”;
10. That after I was summoned by the City Prosecutor’s
Office of Manila relevant to this instant case, I offered
again to pay for the repairs including the additional “Taxi-
transporation”. However, private complainant declined
once more;
11. That sometime in August 9, 2018, I asked FPG
Insurance to contact private complainant and settle this
case yet the same still declined;
12. That at present, despite several failed negotiations, I
am still willing to settle this case and avoid further
litigations.

IN WITNESS WHEREOF, I have hereunto set my hand this ___


day of __________, in the City of Manila, Philippines.

JAMES BOND
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of


__________, in the City of Manila, Philippines, Affiant is known to
me to be the same person executing this affidavit.

Doc. No. : ___


Page No. : ___
Book No. : ___
Searies of 2018