Republic of the Philippines)

City of Zamboanga . . . . . .)S.S

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COUNTER AFFIDAVIT
I, JOEL A. MEDALLO, of legal age, Filipino, married,
with residence and post office address at Riverdale Dr., Sta.
Maria, Zamboanga City, after having been sworn to an oath
in accordance with law, hereby depose and say, that:
1. I am the Respondent in a complaint for Reckless
Imprudence resulting to Homicide which is currently
docketed as NPS case no. IX-06-INV-14G-00408 with the
Honorable Office of the City Prosecutor of Zamboanga
City.
2. On September 1, 2014 I received a Subpoena from the
Honorable Office of the City Prosecutor directing me to
file a Counter Affidavit for the above-mentioned case
number within ten (10) days from receipt thereof,
hence this submission.
3. I admit the allegations of made in Paragraph two of the
complaint. I call attention to the fact that even the
complainant labels the incident as an accident in
Paragraph two of the complaint in this wise Vladimir
Abdurajak
was
accidentally
bumped
along
Airmanslane, Sta. Maria Zamboanga
4. I wish to qualify the statement made in Paragraph three
of the complaint. While it is true that is was the sister of
Vladimir Abdurajak who brought him to the hospital, the
same was with my help and at my behest. I rendered
immediate assistance to Vladimir Abdurajak and I called
for help. Said sister of the boy arrived several minutes
after the accident, whereupon I hailed a tricycle and
asked that they be brought to the hospital. I could not
leave the scene because I knew that procedurally, I
have to wait for the police to arrive since I was
personally involved in the accident.
5. I admit the allegation made in Paragraph six of the
complaint as I received the same information from the
staff of ZAEC Hospital after I went there at around 8:00
oclock in the morning to visit Vladimir Abdurajak.

6. As I will amply demonstrate

claims made in Paragraphs
complaint is wildly false
demonstrates the propensity
even under oath.

later in this affidavit, the

seven and eight of the
and erroneous and it
of the complainant to lie,

7. Herein below are the factual antecedents of the case:

a. On July 25, 2014, at or around 4:30 in the afternoon, I
was riding my motorcycle with plate number JJ 7888
in the vicinity of Airmanslane, Sta. Maria Zamboanga
City, on my way home towards Riverdale Dr., Sta.
Maria,
Zamboanga
City,
when
suddenly,
unexpectedly and without warning, a boy, later
identified as Vladimir Abdurajak, ran and crossed the
street from my right side, causing me to inevitably
collide with him. He came from a covered position
behind a parked jeepney, which obscured him from
my sight until after he ran to cross the street
immediately in front of me, only about two (2)
meters in front of my front wheel. At the time of the
incident, I was running at around twenty (20)
kilometres per hour, in second gear, on the right
hand lane of the road.
b. His head hit my handle bar. Even at my very slow
speed, it was physically impossible for me to avoid
the collision as I could not have possibly braked and
stopped on time.
c. Immediately after the incident, I assisted the victim
and asked around for help. The elder sister of
Vladimir Abdurajak appeared a several minutes later.
I stopped a tricycle and instructed the driver to bring
Vladimir Abdurajak and his elder sister to WMCC,
which was the nearest hospital in the area. I said I
would see them at the hospital, immediately after I
have the incident recorded by the Police, as I could
not also abandon my motorcycle on the street.
d. After I attended to the police who prepared the report
on the incident, I went immediately to the hospital,
only to find out that Vladimir Abdurajak was brought
to Brent Hospital.
e. When I got to Brent Hospital it was already around
6:00 oclock in the evening. I learned that Vladimir
Abdurajak needs operation. I talked to the mother of

Vladimir Abdurajak, Mrs. Brazenda Abdurajak, who

asked for my help. Although the accident was not my
fault, I agreed to help because I pitied the child. I
made a deposit for TWENTY THOUSAND PESOS (Php
20,000.00) that very evening. Copy of the
acknowledgement receipt and O.R. of Brent Hospital
is hereto attached as Annex A.
f. After the operation, inexplicably, the family of
Vladimir Abdurajak wanted to move the patient to
Zamboanga A.E. Memorial Hospital. Mrs. Brazenda
Abdurajak notified me of their desire to transfer
hospital and requested for the amount of ELEVEN
THOUSAND PESOS (Php 11,000.00) for the
ambulance service. As I did not have cash at that
time, I requested her to advance the amount.
However, later on July 26, 2014, I reimbursed her the
amount of Php11,000.00.
g. When the patient was already at Zamboanga A.E.
Memorial Hospital, I again made a deposit with the
hospital of another TWENTY THOUSAND PESOS (Php
20,000.00). Copy of the O.R. is hereto attached as
Annex B.
h. On July 27, 2014, a Policeman from the Sta. Maria
Police Station called me via my cellular phone to
remind me that the report at the Police station is not
yet complete. He advised me to get an affidavit of
desistance from the parents of Vladimir Abdurajak.
i. When I went back to Zamboanga A.E. Memorial
Hospital, Mrs. Brazenda Abdurajak presented to me
some pharmacy O.R.s amounting to TWELVE
THOUSAND, TWO HUNDRED ONE PESOS AND
SEVENTY-FIVE CENTAVOS (P12,201.75). She told me
that she will not sign an Affidavit of Desistance
unless I reimburse her of the aforementioned
amount. Desiring to put a close to this harrowing
affair, I furnished to her TWELVE THOUSAND PESOS
(Php12,000.00). Copy of the acknowledgement
receipt is hereto attached as Annex C. However,
after receiving the amount, she still refused to sign
the affidavit of desistance prepared by the Police
because according to her, she will wait for her
husband, who will sign the desistance jointly with
her.

j. I became occupied the next few days and it was

already on the morning of August 1, 2014 that I was
able to go back to the hospital to visit Vladimir
Abdurajak and follow up on the affidavit of
desistance. I was thereupon informed that Vladimir
Abdurajak passed away a few hours before I arrived
and the family took the remains hurriedly for proper
Muslim burial.
k. On August 5, 2014, I visited Mrs. Brazenda Abdurajak
at her residence. It was only on that day that I was
able to ascertain, with the help of the police and
barangay officials, where her residence was. I offered
my condolences to her and her family. I even brought
some fruits and grocery items. However, Mrs.
Brazenda Abdurajak informed me that she will sue
me unless I pay her the amount of FIVE HUNDRED
THOUSAND PESOS (Php 500,000.00) allegedly as
blood money for the death of her son. I explained to
her that I do not have that kind of money and that
what happened was purely an accident and was not
my fault. She would not listen. When she began to
threaten me and my family, saying she would find
my children to exact revenge, I left.
8. I received the Subpoena of the Office of the City
Prosecutor on September 1, 2014 whereupon I learned
that Mrs. Brazenda Abdurajak is claiming to have spent
more than Three Hundred Thousand Pesos (Php
300,000++). This is a complete lie and fabrication.
Based on Hospital records obtained from Western
Mindanao Medical Center (Attached as Annex D),
Brent Hospital (Attached as Annex E) and Zamboanga
A.E. Memorial Medical Center (Attached as Annex F),
the total combined medical expenses for the patient
Vladimir Abdurajak is only EIHTY TWO THOUSAND,
FOUR HUNDRED SIXTY-SEVEN PESOS AND TWELVE
CENTAVOS (Php 82,467.12), which includes all the
professional fees of attending physicians. This amount
also includes that Php 40,000.00 I advanced to the
hospitals. Hence the amount paid my the family of Mrs.
Brazenda Abdurajak to the hospitals is no more than
Php 42,467.12. On the other hand, the total amount I
expended is Php 63,000.00 including the fees for the
ambulance and pharmacy receipts.

9.

Given the meagre means of the family of Mrs.

Brazenda Abdurajak, it is unlikely that they spent more
than P100,000++ for burial expenses.

10.
I have noted that the Complainant did not attach
any Official Receipt or record to her complaint to
substantiate her claims of actual expenses.
11.
There is also no allegation anywhere in the
complaint that I was either reckless or imprudent.
12.
Additionally, the complaint does not state the
cause of death of Vladimir Abdurajak and its connection
to the accident.
13.
More importantly, the Complaint does not address
the issue of whether the complainant herself, being the
mother, is guilty of negligence. After all, she allowed
her son, a minor of FIVE YEARS OLD, to roam the streets
of Sta. Maria, unaccompanied and unsupervised, which
led to the boy crossing the street ill-timed.
14.
Hereto attached as Annex G is an affidavit
executed by an eye-witness who saw the whole
incident, Leomel C. Torribio, attesting to the fact that
Vladimir Abdurajak came from behind a jeep to cross
the street at the exact moment that I was passing
through. It also corroborates my herein testimony that I
was running at a low speed at the time of the incident
and that I could have avoided the collision because
Vladimir Abdurajak crossed just two meters on front of
me, making it impossible to react on time and stop.
This proves that I was neither reckless nor imprudent.
15.
I have also sufficiently shown that as a good
Citizen, I have complied with my basic human
obligation to render assistance to the best of my
capability.
16.
The foregoing premises considered, it is most
respectfully prayed of the Honorable Office of the City
Prosecutor to DISMISS the complaint of Reckless
Imprudence resulting to Homicide for lack of probable
cause to file an Information in Court.
IN WITNESS WHEREOF, I have hereunto set my hand
this 8th day of September, 2014 at Zamboanga City,
Philippines.

JOEL A. MEDALLO
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this 5tth
day of September, 2014 at Zamboanga City, Philippines.

I further CERTIFY that I have personally examined the

affiants and I am fully satisfied that the affiants voluntarily
executed and understood the contents of their affidavit.