Republic of the Philippines

REGIONAL TRIAL COURT

Third Judicial Region
Branch ________
Tarlac City, Tarlac

ARMANDO SERVIENTO,

Plaintiff,

-versus- CIVIL CASE NO. 123456

For: DAMAGES BASED ON

QUASI - DELICT

VICENCIO GUERRERO,

Defendant

X------------------------------X

JUDICIAL AFFIDAVIT OF THE WITNESS

(For the Plaintiff)

I, ARMANDO SERVIENTO, Filipino, of legal age, residing at Sitio Bato, San Miguel,
Tarlac City, Tarlac; after having been sworn in accordance with law depose and state that:

PRELIMINARY STATEMENT

1. Atty. Crazal Rar personally conducted and supervised my direct examination at his office
at No. 143, Brgy. San Vicente, Tarlac City, Tarlac; and

2. I am answering the questions asked of me based on my personal knowledge, fully

conscious that I am doing so under oath, and that I may face criminal liability for false
testimony or perjury.

OFFER OF TESTIMONY

The testimony of witness ARMANDO SERVIENTO is being offered to prove the

allegations contained in the Complaint of Armando Serviento.

Question No. 1 : Please state your name and other personal circumstances.
Answer : I am Armando Serviento, of legal age, married, and a
resident of Sitio Bato, San Miguel, Tarlac City. I am
currently working at the Globe Telecommunications as the
Regional Director for Operations.
Question No. 2 : What were you doing at around 5 o’clock in the afternoon of
May 25, 2017?
Answer : I was driving my Toyota Vios model 2016 at the stretch of
MacArthur Highway, Tarlac City, Tarlac going North
bound.

Question No. 3 : Why were you there?

Answer : I was on my way to SM Tarlac City to buy groceries for my
family.

Question No. 3 : On your way to SM Tarlac, what happened?

Answer : I was on a full stop at the intersection of Brgy. San Roque
and San Sebastian Village near the Hyundai Motors because
of the traffic signal light turning red. Suddenly, a speeding
motorcycle blew past me.

Question No. 4 : Then what happened next?

Answer : I looked at my rear mirror and saw a speeding car which was
pursuing the speeding motorcycle.

Question No. 5 : How long have you been driving?

Answer : I have been driving since I was 18 years old.

Question No. 6 : How would you describe the scene that you saw in your rear
view mirror?
Answer : The car chasing the motorcycle was operating at a fast speed.

Question No. 7 : How can you say that the car was operating at tremendous
speed?
Answer : The speeding car was at the very least 100 meters away from
me and in an instant it was already bumping the left rear side
of my car with tremendous force.

Question No. 8 : What was the last thing that you remembered?
Answer : Before I blacked out, I remember feeling the impact of the
collision which catapulted me outside of my car and hitting
the concrete asphalt.

Question No. 9 : How long were you unconscious because of the incident?
Answer : Two weeks

Question No. 10 : Where were you when you woke up?

Answer : I was informed that I was at the New Year Physicians Multi-
Specialty Hospital.

Question No. 11 : Were you informed why you were there?

Answer : Yes, atty. It turns out I was implicated in a traffic accident.

Question No. 12 : What did you feel after you woke up?
Answer : I felt some of ribs were broken and my face is aching. I
likewise felt that my head is hurting like it was being split
open.

Question No. 13 : When were you discharged from the hospital?

Answer : I was discharged from the NYP Hospital after 3 months of
being confined and undergoing medical treatment and
therapies.

Question No. 14 : How much did you spend for your hospitalization and
therapy?
Answer : Php 1,000,000.00

Question No. 15 : Do you recognize this document?

Answer : Yes attorney. This was the medical bill that was given to me
during my discharge.

Question No. 16 : After being discharged, what did you do next?

Answer : After resting for a day, I went to Camp Macabulos to check
on my car as I was informed that it was there.

Question No. 17 : What did you see?

Answer : My beloved car was in a total wreck.

Question No. 18 : How did you feel when you saw your car?
Answer : I felt devastated. That car was the product of my continuous
work. I invested my blood and sweat to buy that car. I was
teary eyed when I saw it.

Question No. 19 : How much did you spend for that car?
Answer : Php 859,000.00

Question No. 20 : Do you recognize this document?

Answer : Yes attorney. This is my OR/CR for my Toyota Vios model
2016.

Question No. 21 : You said that you were the Regional Director for Operations
for Globe Telecommunications. How much do you earn per
month?
Answer : My monthly salary is at P100,000.00

Question No. 22 : During the time that you were hospitalized, were you
receiving your salaries?
Answer : No attorney. I was totally in a state of not earning anything
during my time inside the hospital.

Question No. 23 : Do you recognize this document?

Answer : Yes attorney. This is my payslip from Globe
Telecommunications for my salary as a Regional Director
for Operations representing the month of April 2017.
Question No. 24 : When were you able to report for work?
Answer : I was only able to report back to work on October 2017 as I
was advised to rest for a month after being discharged from
the hospital.

Question No. 24 : Did you exert any efforts in finding out who caused you
this unfortunate accident?
Answer : Yes attorney. I was informed that the car that bumped into
my car was owned and driven by Vicencio Guerrero.

Question No. 25 : What did you do upon learning of his identity?

Answer : I went to him to talk about the settlement of our losses.

Question No. 24 : How would you describe the encounter?

Answer : It was rather unpleasant. He did not want to pay for the
damages I sustained. He is very stubborn in saying that he
cannot be made to pay as he likewise suffered damages.

Question No. 27 : How did that encounter made you feel?

Answer : It made me desperate. As I have exhausted my savings and
earnings because of my hospitalization, I was not able to
properly support my family. I am the only one working in
my family and I have to provide for my wife and kids. I
was constrained to secure loans from my friends and family
as I have no means during my hospitalization and
recuperation to provide for my family.

Question No. 28 : Did you suffer from any mental or psychological

depressions of any sort?
Answer : Yes attorney.

Question No. 29 : How can you say with certainty?

Answer : Because of the incident, I started having difficulty in
sleeping as I was always thinking of ways how to recover
the damages I suffered. I had serious anxieties on how to
meet the ends every month as I was not working. The
physical anguish that I felt during my hospitalization really
bothered me.

- No Further Questions -

IN WITNESS WHEREOF, I have hereunto set my hand this 24rd day of September, 2019
in Tarlac City.

ARMANDO SERVIENTO
Affiant
 SUBSCRIBED AND SWORN to me this 24rd day of September, 2019 in Tarlac City by
the affiant who personally appeared before me and attested the truth of the foregoing.

Doc No. ______

Page No. _____
Book No. _____
Series of 2019

ATTESTATION

I, ATTY. CRAZAL RAR hereby state that I have faithfully recorded or caused to be
recorded the questions I asked and the corresponding answers given by Ms. Leona Guerrero and
that neither I, nor any other person present or assisting me, coached Ms. Leona Guerrero in giving
her answers.

Doc No. ______

Page No. _____
Book No. _____
Series of 2019