REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
Iligan City

Cecilia Patag,
Complainant,

Case Number No. 46592

-versus- For: Reckless Imprudence Resulting in
Damage to Property

Agapito Lasang,
Respondent.
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COUNTER-AFFIDAVIT

I, Agapito Lasang, Filipino, of legal age, with postal address at

Mahayahay, Iligan City, after being sworn in accordance with law, do hereby
depose and state that:

1. I am the respondent (hereafter referred to as “Respondent”) in this

case for alleged commission of the crime of Reckless Imprudence Resulting in
Damage to Property under Article 365 of the Revised Penal Code.

2. The complaint is in connection with the accident that happened at

around 3:00 am, on February 15, 2019 at 986 Pag-asa St. Mahayahay, Iligan
City.
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3. The complainant failed to establish all the elements of the crimes of

Reckless Imprudence as provided for by Article 365 of the Revised Penal Code.

STATEMENT OF FACTS

4. On February 15, 2019, at around 3:00 in the morning, I was driving

along Pag-asa St. Mahayahay, Iligan City heading towards Pala-o Central Market
to receive meat delivery at “bagsakan” to be sold later, since I am into meat
business with meat stall at Pala-o Central Market.

5. As I was approaching Pag-asa St. I was slowing my speed since

the area is poorly lighted, as I was crossing the intersection near the house of the
complainant, a red vehicle on fast speed suddenly slammed the left lower portion
of my vehicle that caused me to uncontrollably crashed into the gate of the
complainant. I noticed right away that driver was driving without lights on. I got
out from my vehicle to confront the driver, however, the driver immediately speed
away. I, however, got a hold of the vehicle’s plate number which is XYZ123. I
learned, upon checking the owner of said vehicle from the Land Transportation
Office,that it belongs to a certain Andy Perez. A copy of the report from the said
office is herewith attached as Annex “A”;

6. After the confrontation with the complainant, I went to Police Station

5 to report the incident. The police conducted some questioning, documented
and even photographed the damage on my vehicle. I was also assessed for
Alcohol Breath Test, which resulted negative, refuting the testimonies of the two
workers of the private complainant that I was drunk. Copies of the police report
are herewith attached as Annex “B”, “C” and “D”;

7. The Defendant tried to reason with the Complainant during the

Baranggay Conciliation which was initiated by the Defendant, however
Complainant, despite notices attended only one meeting with the Lupon and
insisted that Defendant must pay the repairs of her gate, of which Defendant
cannot agree for being faultless. Copies of the return of summons for Baranggay
Conciliation is herewith attached as Annex “E”, “F” and “G” ;

8. I have caused the execution of the foregoing affidavit and do

hereby to attest to the truth of the declarations herein.
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PRAYER

WHEREFORE, premises considered, it is most respectfully implored unto this

Honorable Office that, judgment be rendered ordering that:

1. The instant complaint be dismissed for lack of factual and legal basis;
2. Failure to resort to proper Baranggay Conciliation as required by law.

Other reliefs that may be deemed just and equitable are also prayed
for.

IN WITNESS WHEREOF, I have hereunto set my hand this 2nd

day of March 2019 in Iligan City, Philippines.

AGAPITO LASANG
Defendant

PROSECUTOR’S CERTIFICATION

SUBSCRIBED and SWORN to before me this 2nd day of March 2019, in

Iligan City. I hereby certify that I personally examined the affiant, and I am
satisfied that he voluntarily executed and understood this Counter-Affidavit.

Artemio Bataon
Assistant City Prosecutor