INC., Plaintiff, CIVIL CASE NO. 004-08 -versus FOR: Damages and Attorney’s fees AMADOR BULAN, ROLANDO SUIZO and FIRST INTEGRATED BONDING AND INSURANCE COMPANY, INC., Defendants. x-----------------------------------------x OFFER OF TESTIMONY: The testimony of the witness is offered to prove the following: 1. To prove that she was a passenger of the Davao Rabbit Bus vehicle bearing the plate No. 246 at the time of the herein incident; 2. To prove that Benjamin Bigat had carefully driven the said bus when he negotiated it while traversing the intersection of Sandawa Road and Macarthur Highway, Matina, Davao City; 3. To prove that it was the reckless driving of Rolando Suizo, the driver of KB Hino Cargo truck that caused the accident; 4. To prove that she and other passengers sustained physical injuries as a result of the accident; 5. To prove that Rolando Suizo was the proximate cause of the accident.
Republic of the Philippines }
City of Davao } ss. x-------------------------------------------x
JUDICIAL AFFIDAVIT OF ANGEL LOCSIN
I, ANGEL LOCSIN, Filipino, of legal age, married, a teacher, and a
resident of Sparrow Street, Ecoland, Davao City, after having been sworn to in accordance with law, do hereby depose and state that: 1. I was examined by ATTY. HANNAH CYNDALL JARDINEL who is holding office at JARDINEL ARAFOL VEGA and ACOSTA Law and Accounting Firm, Landco, J.P. Laurel Avenue, Davao City, Philippines, in the said office;
2. I answered the questions the examining lawyer asked fully
conscious that I may face criminal liability for false testimony and perjury.
3. The following questions she asked and my corresponding
answers were the following:
1. Q: Please state your name and other personal
circumstances for the record. A: I am Angel Locsin, Filipino, of legal age, married, a teacher and a resident of Sparrow Street, Ecoland, Davao City. Q: Palihog sa pagsaysay sa imong ngalan ug lain pang kinaugalingong detalye para sa record. A: Ako si Angel Locsin, Pilipino, sa hustong edad, kasado, isa ka magtutudlo ug nakapuyo sa Sparrow Street, Ecoland Davao City 2. Q: Are you the same Angel Locsin who is named as a witness for the plaintiff in this case? A: Yes. Q: Ikaw ba ‘tung Angel Locsin na ginganlan na testigo para sa tagdemanda ani nga kaso? A: Oo. 3. Q: How are you connected with Davao Rabbit Bus Line Inc.; the plaintiff in this case? A: Regular passenger Q: Unsa imong koneksyon sa Davao Rabbit Bus Line, ang tagdemanda ani nga kaso? A: Regular na pasahero 4. Q: Can you tell me about your whereabouts on the morning of October 26, 2016. A: I left my house around 6am to go to work. Q: Palihog pakisaysay kung asa ka sa buntag adtong Oktubre 26, 2016. A: Nihawa ko ug balay mga alas otso sa buntag padulong sa akong trabahuan
5. Q: What is regular route when going to your workplace
and what do you ride? A: From my house, I usually ride a bus at the Ecoland Terminal. I ride the bus going to Tagum. Q: Unsa ang rota na imong ginasakyan kung padulong ka sa imong trabahuan ug unsa ang imo ginasakyan? A: Gikan sa akong balay, musakay kog bus sa Ecoland Terminal. Akong ginasakyan kay katong bus na padulong Tagum.
6. Q: Where will the bus usually pass from the Ecoland
Terminal and where is your desitnation? A: It passes by Sandawa, then to Quirino straight to Dacudao. My destination is at Buhangin Elementary School. Q: Asa kasagaran naga agi ang bus gikan sa Ecoland Terminal ug asa ka naga naog? A: Muagi ang bus sa Sandawa pagkahuman sa Quirino, dire diretso sa Dacudao. Munaog ko sa Buhangin Elementary School. 7. Q: When you were inside the bus on that specific day, how was the driving of the bus driver? A: The driver was very calm in his driving to the point that I could stand to read the notes I was about to teach on that day. Everything was so smooth. Q: Katong naa na ka sa sulod sa bus, unsa ang pagmaneho sa drayber? A: Kalmado kaayo ang iyang pagmaneho, nakabasa pa gani ko sa akong mga gisuwat para itudlo sa kato nga adlaw. Malinawon kaayo ang tanan 8. Q: Do they always drive like that? A: Yes. In fact, I always choose their bus line because I have always trusted their drivers. Q: Pirminte ba ingon ana ilang pag maneho? A: Oo. Ang tinuod, sila gyud akong ginapili na bus line kay naa koy salig sa ilang mga drivers.
9. Q: How many passengers were with you during that day?
A: Around 30 to 35. Q: Pila ka pasahero ang misakay kuyog nimo katong adlawa? A: Mga 30 to 35.
10. Q: Were there any collisions in the duration of your
travel? If so, where did it happen? A: Yes. I was so shocked when I heard a loud bumping noise and when our bus was moved. It happened at Sandawa Crossing. Q: Naa ba’y nahitabong pagbangga samtang ga byahe mo? Asa banda nahitabo? A: Oo. Nakuratan ko katong nakadungog ko ug kusog na tingog sa pagbangga ug katong na isbog among bus. Nahitabo ni sa Sandawa crossing.
11. Q: How did this happen?
A: The bus was just on its lane running within the speed limit when suddenly an overspeeding truck swerved, thereby occupying the bus’ lane. Q: Giunsa ni pagkahitabo? A: Naa lang sa iyang linya ang bus, nagdagan sa speed limit. Kalit lang nay overspeeding na trak nga ni swerve ug nisakop sa linya sa bus.
12. Q: To what extent was the bus damaged?
A: The bus was severely damaged from its front portion to the middle. Q: Unsa ka dako ang damyos sa bus? A: Grabe ang damyos sa bus gikan sa atubangan hantod sa tunga-tunga sa.
13. Q: What happened to the passengers of the bus?
A: We were all shocked. Some were crying while those who were seated at the left side of the bus got severely injured from the collision. Q: Naunsa ang mga pasahero sa bus? A: Kalit mi nangalisang. Ang uban gahilak samtang katong mga nakalingkod sa wala na bahin sa bus kay samdan gikan sa pagbangga.
14. Q: What happened after the collision?
A: 911 hurriedly came and brought those who were injured to the hospital including me. Q: Unsa nahitabo paghuman sa pagbangga? A: Miabot dayon and 911 ug gidala ang mga samdan sa hospital, apil ko didto.
15. Q: What did you do at the hospital?
A: We had ourselves examined for the injuries. Others were treated with their open wounds. Q: Unsa inyo gibuhat sa tambalanan? A: Nagpa-eksamen mi ug ang uban gi hinluan ug gi ayo ilang mga samad. IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of February 2017 at Davao City. ANGEL LOCSIN Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in
and for Davao City this 15th day of February 2017. Affiant personally came and appeared with SSS No. 567893 issued on March 4, 2001 at Davao City, bearing her 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.
Doc. No. _________;
Page No.__________; HANNAH CYNDALL JARDINEL Book No. __________; Notary Public Series of 2017. Until December 31, 2017 PTR No. 7856783, 07/16/16, Davao City, IBP No. 1041534, 07/4/16, Davao City Chapter Roll of Attorneys No. 65820 , TIN No. 188-096-654 MCLE Compliance No. II-0987654 ATTESTATION
I, HANNAH CYNDALL JARDINEL, of legal age, Filipino, single,
and a resident of Hillside Subd., Bajada Davao City, Philippines with office address at JARDINEL ARAFOL VEGA and ACOSTA Law and Accounting Firm, Landco, J.P. Laurel Avenue, Davao City, Philippines, under oath hereby STATES that:
1. I conducted and supervised the examination of Mrs. Angel
Locsin as witness of the above-entitled case;
2. I faithfully caused to be recorded the questions I asked and the
corresponding answer that the witness gave; and
3. Neither I nor any other person then present or assisting me
coached the witness regarding his answers.
IN WITNESS WHEREOF, I affix my signature this February 15,
2017 at Davao City, Philippines.
HANNAH CYNDALL JARDINEL
Affiant
SUBSCRIBED AND SWORN TO before me, a Notary Public of
Davao City, Philippines, this 15th day of February 2017, Hannah Cyndall Jardinel exhibiting to me her Driver’s License No. L-04-45676587 valid until December 12, 2019 bearing her photograph and signature as completed proof of her identity.
Doc No. ____; MABELLE E. ACOSTA
Page No. ___; Notary Public Book No. ____; Until December 31, 2017 PTR No. 7853783, 07/11/16, Davao Series of 2017. City, IBP No. 1041535, 07/15/16, Davao City Roll of Attorneys No. 65823 TIN No. 188-096-638 MCLE Compliance No. II-098765