FACTS OF THE CASE (based on Information): On May 10, 2007, at about 8:45 in the evening, a trailer truck parked

at a dark potion of South Coastal Road, ALLEGEDLY without taking the necessary precaution and without sufficient early warning device, and that due to the manner in which the vehicle was parked, a motorcycle bearing plate No. 05-1147 driven by one Eliseo Ely Carungay rammed into the said parked trailer truck, and as a consequence thereof, Carungay was thrown meters away, and due to the impact, succumbed to his injuries and pronounced dead on arrival. WITNESS FOR PROSECUTION (based on AFFIDAVITS photocopied): MARICEL A. CAL, legal age, single, Filipino, resident of Velpal, Phase I, Minglanilla Cebu, the common law wife of Carungay, lived together for 2 years, with 1 son Ace-Elly Carungay, 11 mos. old. Carungay (victim) was on his way to report for work as an anchor commentator of DYHP radio station for his program BIRADA evening edition, boarding a motorcycle with Marical Cal (common-law wife, wife for short) as passenger, plying the road passing the South Coastal Road which was their usual route to Cebu City whether they travel daytime or nighttime. Cal claims that they were travelling at a moderate speed with the motorcycles headlight on, and when they reached that portion near LUDO-LUYM establishment which was not lighted, they came upon a parked vehicle, a trailer truck with plate No. GKP 290 driven by Jason Carry Abella, and owned and operated by Gerry Powao, right along the SCR, occupying one whole lane, with no lights blinking or any EWD set anywhere near the vehicle. The motorcycle driven by Carungay, slammed into the rear part of that parked vehicle, there was a lound and strong sound upon the impact between Carungays body, his head protion and the rear part of that parked vehicle, while Cal was clutching Ellys belly. Cal lost balance and was thrown to the left side of the road pavement. Carungay was unconscious. Cal waved to passing vehicles and shouted for help. After a few minutes, Hector Keith Bas, who was driving a multi-cab stopped and helped bring the unconscious body of Carungay into the back portion of the multi-cab to Chong Hua Hospital. After Carungay was admitted, he was pronounced dead on early morning of May 11, 2007, while Cal was advised by the attending doctor to stay at the hospital for further observation. Cal left to take care of Carungays wake and burial, claiming no serious injury on her part. HECTOR KETIH C. BAS, legal age, married, Filipino, resident of Sitio Ranger, Bgy. Pooc, Talisay City, a job order employee of Talisay City Hall and designated as driver of the office of Talisay City Councilor Rachel Bacaltos, on the same night was driving a pickup type multicab bearing plate no. YES 753 together with Reuben Belleza and Ybon Racaza at SCR going to Cebu City, when they reached the bridge fronting LUDO Bldg, heard the sound of impact and saw a crashed motorcycle after it slammed into the rear part of the parked trailer truck. He stopped the vehicle to help the two riders of the motorcycle, and observed that the man was already unconscious and some parts of his body were bleeding, and that the woman passenger fell to the ground and was also unconscious. There were 2 personnel in the front seat of the trailer truck who helped him embark the two riders to the multicab, and they were urged by Bas to go with them to the hospital to assist but they refused. Upon arrival at Chong Hua Hospital, Bas learned that Carungay was a commentator and anchorman of radio station DYHP, and that a day after the incident, he learned that Carungay died while common law wife Maricel Cal survived.