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Republic of the Philippines

Cordillera Administrative Region


First Judicial Region
REGIONAL TRIAL COURT
Branch 1

ISAGANI DELA CRUZ,
Plaintiff

- vs -

RICARDO KATINDIG,
Defendant

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


Civil Case No:


For: Damages arising from
Breach of Contract of
Carriage with Writ of
Preliminary Attachment

JUDICIAL AFFIDAVIT OF
ISAGANI DELA CRUZ

1. Q: Do you swear to tell the truth and nothing but the
truth under this Judicial Affidavit
A: Yes, I do.

2. Q: Please state your name, age, citizenship, civil status
and residence
A: I am Isagani Dela Cruz, 45 years old, Filipino, single
and a resident of FA 999, Sitio Cabanao,
Barangay Balili, La Trinidad, Benguet.

3. Q: Do you know where you are now?
A: I am at the Nagpala and Rico Law Office located at
Room 4, Porta Vaga Building, Session Road,
Baguio City

4. Q: Do you know why you are here now?
A: I am here upon the request of my lawyers, Attys.
Carlo Benedict L. Nagpala and Ericson Rico

5. Q: Do you know the reason, if any, why your lawyers
invited you here?
A: I was invited to give my answers to the questions
that the lawyers will ask me
regarding the case filed against Robert Battinsen by
the Office of the City Prosecutor

6. Q: Before you were asked any questions by your
lawyers, what did they tell you if any?
A: Atty. Nagpala told me (1) that he will ask me
questions regarding the pending case;
(2) that I am required to answer truthfully each
question posed to me; (3) that I shall give my
answers based on facts I personally know about the
subject matter of the case; and (4) that I shall give
my answer under oath, and if I state any falsity, I
may be criminally liable for any false testimony.

7. Q: Do you know the Defendant in this case?
A: Yes, Sir.

8. Q: How did you know him?
A: I rode in his taxi cab.

9. Q: When did you ride in his taxi cab?
A: On August 2, 2013, at around 8:30 in the evening

10. Q: What prompted you to ride in his taxi cab?
A: That night, Typhoon Yolly has just made its land
fall in Benguet and Baguio City which caused the
heavy down pour of rain as well as strong winds.
This made walking from Session Road to La
Trinidads Jeepney Station at Magsaysay very
difficult. Thus, I had no other choice but to ride in a
taxi cab.

11. Q: After entering Defendants taxi cab, where did you
sit?
A: I sat at the right most portion in the back seat

12. Q: What happened next?
A: I instructed him to bring me to my residence at FA
999, Sitio Cabanao, Barangay Balili, La Trinidad,
Benguet.

13. Q: What did he do after that?
A: He said, Okay, Sir, switched on his meter and
went towards the direction of La Trinidad.
14. Q: In the course of your travel, what did you observe in
so far as Defendants manner of driving is
concerned?
A: He was reckless.

15. Q: Why do you say so?
A: He drove too fast.

16. Q: Was he reckless during the entirety of the travel?
A: No, Sir. From Session Road to Bell Church, he drove
slowly because of heavy traffic.

17. Q: Can you narrate to us then the time when
Defendant started driving fast?
A: After getting past Bell Church and having realized
that there was no more traffic, he started driving
fast. He only slowed down when he saw another
vehicle coming from the opposite lane of the road.

18. Q: Based on your estimation, what is the speed of the
taxicab?
A: Around 75 kph to 85 kph, Sir.

19. Q: What did you do when Defendant started driving
fast?
A: I had no choice but to hold onto the side handle bar
of the taxi cab.

20. Q: What else did you do, if any?
A: When we are already at K.m. 5, passing by La
Trinidad Public Market, I asked him to slow down.

21. Q: What did he do when you told him to slow
down?
A: He slowed down for a little while. However, after
getting past Mc Donalds, which is just a few meters
away from La Trinidad Public Market, Defendant
started driving fast again.


22. Q: How fast?
A: Still the same, around 75 kph to 85 kph, Sir.

23. Q: Do you know the reason why he started driving fast
again?
A: Because Defendant neither saw a vehicle ahead of
him nor a vehicle coming from the opposite lane
of the road.

24. Q: How did the road look like from Mc Donalds
onwards
A: The highway is straight from Mc Donalds up to D
and L.

25. Q: Just how far is Mc Donalds to D and L?
A: Approximately 1 kilometer, Sir.

26. Q: What happened next?
A: When we were passing by Epiphany Church, I heard
two explosions.

27. Q: How far is Epiphany Church from Mc Donalds?
A: Approximately 400 meters, Sir.

28. Q: What happened after the explosions?
A: The taxi cab skidded to the left because Defendant
lost control of the taxi cab. Right after this, I felt the
cab turning twice.

29. Q: And then what happened next?
A Right after the accident, I remember 3 people
assisting us to get out of the cab. After helping
us get out of the cab, two of them
accompanied us to BeGH.

30. Q: What did they do to you when you were at BeGH?
A: Initially, the attending doctor at the emergency
room instructed his staff to help me go to the X-
Ray room so that I can undergo X- Ray
Examinations. After getting the X-Ray results, Dr.
Manalo referred me to the Surgery Department of
the Hospital. The following day, I had surgeries on
my hip and shoulder.

31. Q: After the surgeries, what did you do?
A: I stayed at the Hospital for one and a half week to
recuperate.

32. Q: When you were discharged from BeGH, who paid for
your bills and expenses?
A: I did, Sir.

33. Q: How much did you pay?
A: P624,000, Sir.

34. Q: Showing to you a receipt issued by BeGH marked as
Exhibit A, can you recognize this receipt?
A: Yes, Sir.

35. Q: Why do you say so?
A: That is the receipt issued to me by BeGH after
paying my hospital bills.

36. Q: Appearing on the receipt is a signature, whose
signature is this?
A: It is the signature of Ms. Maria De Jesus, the
Hospital Treasurer of BeGH.

37. Q: Why do you say so?
A: I saw Ms. De Jesus sign the receipt before giving it
to me.

38. Q: After being discharged from the Hospital, what did
you do?
A: I rehabbed my shoulder and hip.

39. Q: Where?
A: At Hands of God Therapy Center.

40. Q: How many sessions did you have?
A: Five, Sir.

41. Q: Who paid for the fees of your therapy sessions?
A: I did, Sir.

42. Q: How much did you pay?
A: P5,000 per session, Sir.

43. Q: Showing you five receipts marked as Exhibit B-1, B-
2, B-3,B-4 and B-5, can you recognize them?
A: Yes, Sir.

44. Q: Why do you say so?
A: Hands of God Therapy issued me those receipts
after paying them.

45. Q: Appearing on the receipt is a signature, whose
signature is this?
A: It is the Signature of Banjo Calpito, the auditor of
Hands of God Therapy Center.

46. Q: Why do you say so?
A: I saw Mr. Calpito sign the receipts before giving it to
me.

47. Q: Do you affirm and confirm the truth of all your
answers to the questions asked of you in the
foregoing examination?
A: Yes, Sir. I do

48. Q: Are you adopting this examination or judicial
affidavit as your direct testimony?
A: Yes, Sir.

IN WITNESS WHEREOF, I have hereunto set my hand
this 5
th
day of December, 2013 in the City of Baguio

ISAGANI DELA CRUZ
Affiant

SUBSCRIBED AND SWORN to before me this 5
th
day of
December in the City of Baguio, Affiant appeared before me
and exhibited her GSIS ID No. 203011 and signed the
foregoing counter affidavit IN MY PRESENCE and avowed
under penalty of law the whole truth of the contents of the
judicial affidavit and attested that the exhibits attached are
faithful and true copies of the original.

CARLO BENEDICT L. NAGPALA
My Commission Expires on December 31, 2014
Notary Public
Roll No. 2061810
PTR No. 789101; 1-31-13; Baguio City
IBP Lifetime No. 654321
MCLE Compliance No. 31313131

REPUBLIC OF THE PHILIPPINES)
IN THE CITY OF BAGUIO )S.S.
x---------------------------------------------------------x

LAWYERS ATTESTATION

I, Carlo Benedict L. Nagpala, the counsel of record of
ISAGANI DELA CRUZ under oath declare that:

1. I personally conducted the examination of Isagani Dela
Cruz in a question and answer format;

2. The questions propounded and answer given in the
foregoing judicial affidavit are faithfully recorded as they
now therein and that the corresponding answers to the
questions were duly given by the affiant Juanita
Milagrosa; that I nor any person has assisted, helped,
coached the affiant in giving her answers to the
questions;

3. The documents now attached to the affidavit and marked
correspondingly as Exhibits A, B-1, B-2, B-3, B-4 and
B-5 to was identified and authenticated;

4. I am fully aware of the consequences of giving false
attestation.

SUBSCRIBED AND SWORN TO before me this 5
th
day of
December 2013 in the City of Baguio, Philippines.

DETDET EUGENIO
Notary Public
My Commission Expires on December 31, 2014
Roll No. 123456
PTR No. 789101; 12-31-13; BC
IBP Lifetime No. 654321
MCLE Compliance No. 31313131