REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT National Capital Judicial Region Branch I Manila BURGONIO MAGALPOC, Plaintiff.

-versusVICTORY LINER INC., Defendant x----------------------------------x AFFIDAVIT Civil Case No. 1234 For Breach of Contract of Carriage

I, Justina Guinto, 35, single, and living at 19 Mahalinmoko St. Project 96, Quezon City, after having sworn in accordance with law, do hereby depose and state THAT:

PRELIMINARY STATEMENT The person examining me is Atty. Dino De Leon with address SyLip Law Offices, 104 Paseo de Erwin Roxas, Makati City. The examination is being held at the same address. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury.

PUSPOSE: This affidavit/ testimony of Justina Guinto is being offered to prove that the defendant Victory Liner Inc., was exercising extraordinary

diligence at the time of the accident and should not be held liable, and that the fault was caused by a third party, Mercury Drug Inc. and its negligent employees. This testimony is also offered to prove the legal basis for the against the plaintiffs claim.

1. Q. Please state your name and other personal circumstances for the record.

A. I am Justina Guinto, single, 35 years old, driver of Victory Liner for fifteen years. I have been driving the same route from Cubao to Baguio for 10 years. Before that, I was the driver for trips from Manila to Subic for 5 years.

2. Q. Where were you in the afternoon of 27 May 2013 at the time the accident occurred?

A.I was the designated driver for that particular trip.

3. Q. What were you doing before you took on your shift at 2pm?

A. I was talking to one of the employees of Victory Liner, making sure that the bus was ready for the trip.

4. Q. What preparations did you do to make sure that the bus was ready for the trip?

A. We are handed an Extraordinary Diligence checklist by the management and we are supposed to make sure that the bus is fit for transportation. We have to make sure that the bus has enough gas to last us for the whole trip, that the wheels are in perfect condition, that

the engine is working smoothly, etc. I checked everything on that list and made sure that we took all safety measures neccessary before setting off.

5. Q. When did you first see the complainant, Burgonio Magalpoc?

A. After the bus had already left the station. We were in front of a (stop light). It was red at the time and the bus was stationary. I heard a knock at the doors of the bus and heard him demanding for us to open the doors for him.

6. Q. What did he do after?

A. He sat in the front seat. The one intended for the conductor. I was glanced at him to check if he had a ticket. He did not, as far as I could see.

7. Q. What happened next?

A. All of us suddenly felt a loud noise. Our bus was hit from behind. I hit my head on the windshield. It all happened too fast.

8. Q. What happened to Burgonio Magalpoc?

A. I dont know. I just saw him sprawled on the floor of the bus. I helped him up, along with the conductor.

9. Q. What did you do after?

A. I left him with the conductor to check what happened. I wanted to find out who was responsible for hitting us and injuring me and Burgonio. I saw the driver of the Mercury delivery truck get out of his vehicle and he was saying Sorry Boss over and over again.

10.Q. What else did he say to you? A. He just kept uttering sorry. It was the first accident I had ever encountered in my 15 years of being a driver for the company. I was in a state of shock and immediately called my supervisor.

11. Q. What happened to Burgonio?

A. I dont know. I was just informed by one of the passengers that the conductor took him to the hospital.

IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of July 2013 at Manila City. JUSTINA GUINTO Affiant

UNSUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for _________(City/Province)____________ this ____th day of ____________ 20___. Affiant personally came and appeared with _____________(Competent Evidence of Identity)______ issued by the _________(Government Agency)______ on ___(date)__ at ________(place)_________, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.

Atty. Angelito Fernandez Notary Public Doc. No. 2 Commission Serial No. 352 Page No. 87 Notary Public for Manila City Book N 9o. 12 Until December 31, 2014 Series of 2013 Office: 10 Buti street Manila City Roll No. 24923 IBP Lifetime Roll No. 03487; 2/4/2008 ; Manila PTR No. 82038 ; 05/08/2008; Manila MCLE Compliance Cert. No.24124; 02/09/2013 I, Dino S.De Leon, of legal age, Filipino, with postal address 98 Hustisyeah Street, Caloocan City, after being duly sworn depose and say: I was the one who conducted the examination of witness ___________________ at my aforementioned office in SyLip Law Offices, 104 Paseo de Erwin Roxas, Makati City I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that the witness gave; I nor any other person then present or assisting her coached the witness regarding her answers; IN WITNESS WHEREOF, I have hereunto set my hand this 15 th day of July 2013 at Manil City ATTY. DINO S. DE LEON Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for

Manila City, this 15th day of July 2013. Affiant personally came and appeared with his Drivers License issued by the Land Transportation Office on 15th June 2013 at Makati City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument. Atty Angelito Fernandez Notary Public Doc. No. ____Commission Serial No. __________ Page No. ____Notary Public for _______(Province/City)______________ Book No. ____Until December 31, 20__ Series of 20__ Office: ______________(address)____________________ Roll No. __________ IBP Lifetime Roll No. _________; __/__/__ ; _(Province)_ PTR No. _________ ; __/__/__ ; _(Province)_ MCLE Compliance Cert. No. __________; __/__/__