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NATIONAL CAPITAL JUDICIAL REGION remedies fitting and proper under the premises.
METROPOLITAN TRIAL COURT
QUEZON CITY City of Quezon, June 01, 2012
Branch 031
I, JOHN CHIU CO, Filipino, of legal age, and residing at 123 Acacia St.,
Fairville, Quezon City, Metro Manila after having been duly sworn in accordance with
COMES NOW THE DEFENDANT JOHN CHIU CO, through the undersigned law, hereby depose and state that I, the defendant in the present case; caused the
counsel, and unto this Honorable Court most respectfully submits that: preparation of the foregoing Answer; that I have read and understood the contents
thereof and that the same are true and correct as to the best of our knowledge and
1 DEFENDANT ADMITS the allegations in paragraph 1 and
belief.
paragraph 2 of complaint insofar as they relate to their personal
circumstances;
City of Quezon, June 01, 2012
2 DEFENDANT specifically DENIES the allegations in paragraph 5
since he was given authority by JANICE DY LEE to occupy the
land.
JOHN CHIU CO
Defendant
By way of special and affirmative defenses, defendant avers: CTC No. B-124843
Issued at Quezon
1. That the obligation has been paid; City
On March 3, 2012
2. That the defendant had purchased said land from plaintiff and paid
said promissory notes;
Copy furnished:
3. That the cause of action has prescribed.
ATTY. PHOEMELA G. CRUZ
Quezon
City
PRAYER
WHEREFORE, the answering defendant, most respectfully pray for REPUBLIC OF THE PHILIPPINES)
judgment: CITY OF MUNTINLUPA ) S.S.
1 Dismissing the complaint with costs against the plaintiff; and
1
AFFIDAVIT-COMPLAINT 3.6 Based on the Audit Report submitted by MARIO G.
PINEDA, the following were the findings to wit:
2
Muntinlupa City and by refusing and failing to pay the same has deprived
Justeas of the use and enjoyment of said amount to its damage and prejudice.
COUNTER-AFFIDAVIT
AFFIANTS FURTHER SAY NONE.
CERTIFICATION
STATEMENT OF FACTS
4. On June 12, 2015, at around 3:30 in the morning, I was driving along East Avenue,
I HEREBY CERTIFY that I have personally examined the affiant- Quezon City, headed towards EDSA.
complainant and that I am satisfied that he voluntarily executed and understood his
Complaint-Affidavit.
5. As I was approaching BIR Road, I was surprised when the complainant suddenly
___________________________ appeared in front of the vehicle that I am driving. I have tried to stop the vehicle but
it was already too late as the complainant was already in front of me.
Assistant City Prosecutor
REPUBLIC OF THE PHILIPPINES 6. The complainant slammed in my windshield as a result of the impact.
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
QUEZON CITY 7. I immediately brought the complainant to East Avenue Medical Center.
Name of the Complainant, 8. Before this case was filed, the complainants sister and I agreed that I will just take
Complainant, care of her medical expenses and that she will not file a case against me. The said
agreement is hereto attached as Annex 1.
Case Number 9. I honestly believe that this case filed against me must be dismissed based on the
-versus- followingto
For: Reckless Imprudence Resulting in Damage discussions:
Property with Multiple Physical Injuries
3
was hit by the respondent. Besides, the greenlight was on when I accidentally hit
her.
10. The complainant fatally failed to establish all the elements of Reckless Imprudence
as defined under Article 365. Reckless imprudence is defined as follows:
15. It is also noteworthy that that there was no report that I was overspeeding nor was
Art. 365. Imprudence and negligence. xxx violating any traffic rules at the time the accident happened. Complainants claim in
her SINUMPAANG SALAYSAY that I am rumaragasa was just a self-serving
Reckless imprudence consists in statement. Additionally, the term rumaragasa is relative. The vehicle might be
voluntarily, but without malice, doing or failing to rumaragasa for her but the truth is, I was driving within the speed limit.
do an act from which material damage results by
reason of inexcusable lack of precaution on the
part of the person performing or failing to perform 16. From the above discussion, it is clear that I did not lack precaution in driving my
such act, taking into consideration his employment or vehicle. I was not overspeeding nor was violating any traffic rules when I hit the
occupation, degree of intelligence, physical condition and complainant. She crossed the street while the greenlight is on and clearly, she
other circumstances regarding persons, time and place. took the risk of crossing the street even though vehicles are flowing in East Avenue.
xxx (Emphasis supplied)
18. In the instant case, what has just been presented to this Honorable Office is a
12. In order for Reckless Imprudence Resulting in Damage to Property with Multiple TRAFFIC ACCIDENT REPORT which did not provide any information that would show
Physical Injuries, it is essential that there must have been an act that was done with that I drove the car recklessly. Hence, the evidence presented cannot engender
inexcusable lack of precaution. a well-founded belief that I drove recklessly and that I was imprudent in
driving my vehicle.
13. In the instant case, there was no finding that I failed to exercise the necessary
precaution in driving the vehicle. As a matter of fact, the TRAFFIC ACCIDENT 19. Also, even assuming for the sake of argument but without admitting that I was
INVESTIGATION REPORT would immediately show that the complainant was not in rumaragasa as claimed by the complainant, her injuries cannot be faulted to me
the PEDESTRIAN LANE when she crossed the road. Hence, the injuries that the as she crossed the street while the greenlight is on. The complainant herself also
respondent sustained could only be faulted to her. Corollary, one of the essential admitted that she was not in the designated area when she crossed the street.
elements of Reckless Imprudence is lacking. Corollary, the injuries that she sustained can only be attributed to the fact that she
crossed the street while the greenlight is on and to the fact that she did not cross
the street at the proper pedestrian lane.
14. The fact that she did not cross at the pedestrian lane is determinative of who is at
fault for the injuries that she sustained. Judicial notice may be taken that the
designated area where a pedestrian may cross is the pedestrial lane. The purpose of 20. From the avobe discussion, I respectfully submit that the only course open for this
the said lane is to give warning or precaution to drivers that they have to be Honorable Office is to dismiss the complaint against me, for the rule is that when
observant of possible pedestrians crossing the said lane. Hence, the complainants at the outset the evidence cannot sustain a prima facie case or the
act of crossing the street outside the designated area was the very reason why she existence of probable cause to form a sufficient belief as to the guilt of the
4
accused cannot be ascertained, the prosecution must desist from inflicting
on any person the trauma of going through a trial. (Emphasis ours) ________________________
Name of the Respondent
21. With all the foregoing, it is respectfully implored that this Honorable Office forthwith PROSECUTORS CERTIFICATION
dismiss the instant Complaint for lack of factual and legal basis.
Name of Prosecutor
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of
Assistant CITY Prosecutor
October 2015 in Quezon City, Philippines.