REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 123, PASAY CITY

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Crim. Case No. T-123
-versus- For: Reckless Imprudence
resulting to Homicide.
JUAN DELA CRUZ,
Accused.
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JUDICIAL AFFIDAVIT OF
POLICEMAN MARC KENNETH J. PENUS
(Testimony on Direct Examination)

OFFER OF TESTIMONY: The testimony of Patrolman Marc Kenneth J.

Penus, is being offered for the following purposes, to wit:

a) To prove that the collision between the accused and the victim was
actually took place.
b) To prove that the accused was driving at a high speed before the
collision took place.
c) To prove that there is no contributory negligence on the part of the
victim before the incident was happen.
d) To prove that due to the negligence of the accused, the collision took
place.

I, Policeman Marc Kenneth J. Penus, unto this Honorable Court, under oath,
do hereby state that:

I am a Filipino, of legal age, single, a resident of D407 Viverde Lofts Dominga

St. Pasay City. The lawyer who conducted or supervised my examination
was Pros. Joyce S. Lapuz. My examination was held at her office at Room
101, 1st Flr. Pasay City Hall of Justice, F.B Harrison St. Pasay City. In this
examination, I answered the questions asked of me fully conscious that I am
under oath and I may face criminal liability for false testimony or perjury.
Testimony:

1. Q: At the time of the incident, where were you?

A: I was near the 3 Sister Stores after I alighted the patrol car to
relieve myself.

2. Q: What unusual thing happened that morning?

A: There was a collision between 2 vehicles at the intersection of

Donada and Menlo st. I saw the driver of the Toyota Fortuner alighted
from his car but I observed no movement from the Toyota vios so I
together with the driver of the fortuner approached the Toyota vios and
found the driver of the Toyota vios unconscious so we immediately
took him at the nearest hospital and unfortunately he was declared
dead on arrival

3. Q: Do you remember executing a police report about the incident?

A: Yes. I made a police report immediately after the incident.

4. Q: I have this document; will you be able to identify it?

A: Yes.

5. Q: Can you identify the signature appearing in this document?

A: Yes. That is my signature.

6. Q: Can you narrate the content of the police report?

A: That on or about the 5th day of June 2019, in Donada St., cor.
Menlo St., Pasay City, Metro Manila, and within the jurisdiction of
this Honorable Court, the above-named accused, being then the
driver and registered owner of a Ford Fiera Crew Cab bearing
Plate No. DEB 558, without due regard to traffic laws, rules and
regulations, without taking the necessary precaution to avoid
accident to persons and by giving said vehicle a speed far greater
than is allowed by law, did then and there wilfully, unlawfully and
feloniously drive, manage and operate said vehicle in a careless,
reckless and imprudent manner, causing as a result of his
carelessness, recklessness and imprudence to bump and hit a
cargo trailer truck bearing Plate No. CES 518, thereby causing
fatal injuries upon Virginia Lapid Vda. de Diwa, driver of said
cargo trailer truck,