REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
BRANCH XL (40)-QUEZON CITY

PEOPLE OF THE PHILIPPINES,
Plaintiff,

-versus- CRIM. CASE NO. 13-04950
For: Reckless Imprudence
Resulting in Damages to
Property with Serious
Physical Injuries

ARNEL C. LOPEZ,
Accused.
xx

JUDICIAL AFFIDAVIT

I, RICARDO C. BUSTILLOS, of legal age, Filipino citizen,
widower and living at 71-B Pook Ricarte UP Campus, Diliman, QC,
private complainant in this case, after having duly sworn to in
accordance with law do hereby depose and say:

PRELIMINARY STATEMENT

The person examining me is Mr. Homer V. Lindain of the
University of the Philippines Office of Legal Aid, with office address at
Ground Floor, Malcolm Hall, University of the Philippines Diliman,
Quezon City. I am answering his questions fully conscious that I do
so under oath and may face criminal liability for false testimony and
perjury.

MR. HOMER V. LINDAIN: We are offering the testimony of the
witness in order to prove: (1) that he is the private complainant in the
above-entitled case; (2) that all the allegations in the criminal
complaint are sufficient to prove that the crime of Reckless
Imprudence resulting in Damages to Property with Serious Physical
Injuries was committed by Mr. Arnel C. Lopez against the private
complainant; (3) that all the ANNEXES appended thereto, which the
private complainant respectfully requests to be correspondingly
marked as EXHIBITS in this case, are sufficient to prove that the
crime of Reckless Imprudence resulting in Damages to Property with
Serious Physical Injuries was committed by Mr. Arnel C. Lopez
against the private complainant; and (3) such allied matters pertinent
to the case.

QUESTIONS were propounded by Mr. Homer V. Lindain, in
English, which the affiant fully understands, while ANSWERS were
given by witness Ricardo C. Bustillos in Tagalog.

MR. LINDAIN: With the kind permission of the Honorable Court.

1. Q: Mr. Witness, please state your name and other personal
circumstances for the record.

A: Ako si Ricardo C. Bustillos, 59 taong gulang, byudo at
empleyado ng UP. Nakatira ako sa 71-B Pook Ricarte UP
Campus, Diliman, Quezon City. Bago ang aksidente,
nagtatrabaho ako sa Department of Speech Communication
and Theater Arts ng UP Diliman bilang audio-visual technician.

2. Q: Are you the same Ricardo C. Bustillos, the private
complainant in the present case against Arnel C. Lopez?

A: Opo.

3. Q: What is your complaint, Mr. Witness?

A: Reckless Imprudence Resulting in Damages to Property with
Serious Physical Injuries.

4. Q: Do you recall what happened on April 4, 2013?

A: Opo.

5. Q: Mr. Witness, please tell the Honorable Court what happened
on April 4, 2013.

A: Iyon po yung araw na naaksidente ako habang
nagmomotorsiklo ako.

6. Q: Mr. Witness, what were you driving?

A: Minamaneho ko po yung motor ko na Honda TMX
Motorcycle.
7. Q: Who is the owner of the motorcycle you were driving?

A: Ako po.

8. Q: Do you have proof that indeed you owned the motorcycle?

A: Mayroon po. May kopya po ako ng OR/ CR ng sasakyan ko.
(Witness showing a copy of his motorcycles Certificate of
Registration and Official Receipt).

MR. LINDAIN: Your Honor, may I move that the Certificate of
Registration dated April 30, 2012 be marked as Exhibit A
and the Official Receipt be marked as Exhibit A-1.

9. Q: What condition was your car in before the collision?

A: Nasa maayos na kundisyon ang sasakyan ko.

10. Q: What time did the incident happen?

A: Mga alas nuwebe ng umaga.

11. Q: Where did the incident happen?

A: Sa Commonwealth Avenue, sa tapat ng Ever Gotesco.

12. Q: What was the weather during the incident?

A: Maaraw ho.

13. Q: Are you familiar with the place where the incident took
place?

A: Opo.

14. Q: What was the purpose of your trip before the incident?

A: Inihatid ko yung kaibigan ko sa Fairview.

15. Q: Where were you headed at the time the incident took place?

A: Papunta na ako sa UP Diliman noon para magtrabaho.

16. Q: Then what happened?

A: Nandun ako sa blue lane para sa mga motorsiklo, tumatakbo
ako ng mga 40 km/ hr. Tapos, nung nasa tapat ako ng Ever
Gotesco, nag-overtake ho yung nakabangga sa akin. Tinamaan
ang tambutso ng sasakyan ko. Nasideswipe po yung kanang
bahagi. Ang naka-sideswipe eh yung kaliwang bahagi nung
puting sasakyan.

17. Q: What type of vehicle allegedly sideswiped your vehicle?

A: Mitsubishi Adventure na pampasada.

18. Q: What happened next?

A: Nang matamaan ang tambutso ng sasakyan ko, tumalsik
ako, mga 7 meters, mula sa sasakyan ko.

19. Q: Then, what happened, if any?

A: Dahan-dahang lumapit sa akin yung driver ng Mitsubishi
Adventure.

20. Q: What did you say, if any, to the driver of the Mitsubishi
Adventure?

A: Sinabi ko, ihatid mo ako sa ospital. Hindi na ho maganda
ang pakiramdam ko pagkatapos na tumalsik ako.

21. Q: Then, what happened, if any?

A: Umatras yung driver ng Mitsubishi Adventure. Bumalik siya
sa sasakyan at umalis na. Mga 15 minutes akong naghintay ng
tulong. Walang imbestigador o pulis na pumunta doon. Tapos
may nagpakilalang pulis sa akin at isinakay ako sa taxi
papuntang East Avenue Medical Center. Binigyan ako ng first
aid sa East Avenue. Hindi na ho muna ako sumailalim sa iba
pang tests kasi wala akong dalang pera. Nagmadali akong
umuwi para sabihin sa mga anak ko ang nangyari. Pagkatapos
mananghalian, pumunta kami sa Philippine Orthopedic Center.

22. Q: Then, what happened, if any, at the Philippine Orthopedic
Center?

A: Hindi pa ako na-confine. Oobserbahan muna ako ng 15
days. Ang diagnosis sa akin ay fractured shoulder bone.
Binigyan din ako ng mga gamot.

23. Q: Then, what happened?

A: Kinabukasan, nagpunta kami sa Quezon City Police District
sa Commonwealth para ireport yung nangyari. Tapos naglabas
ng Alarm Report yung QCPD. Sa report na yun, natandaan ko
at isinulat ko na ang plaka ng Mitsubishi Adventure na
nakabangga sa akin ay UVT 449.

24. Q: Showing you a two-page document, which we request to be
marked as our Exhibit B. What relation has this document to
the Alarm Report that you mentioned?

A: Ito yung Alarm Report na sinasabi kong ginawa ng QCPD.

MR. LINDAIN: Your Honor, may I move that the Alarm Report
be marked as Exhibit B.

25. Q: Mr. Witness, you mentioned awhile ago that you were not
confined right away at the Philippine Orthopedic Center
because you were still under observation for 15 days. Am I
correct?

A: Yes.

26. Q: What happened, if any, after 15 days that you were under
observation?

A: Noong April 24, 2013, nagpaconfine na ako sa Philippine
Orthopedic Center. Nagkaroon ng nana yung kanang balikat
ko.

27. Q: Do you have any proof that you were confined on the said
date at the said hospital?

A: May kopya ako ng Medical Certificate mula sa Philippine
Orthopedic Center.

MR. LINDAIN: Your Honor, may I move that the Medical
Certificate dated May 24, 2013 issued by the Philippine
Orthopedic Center be marked as Exhibit C.

28. Q: Then, what happened, if any, during the time that you were
confined?

A: Inoperahan po ang kanang balikat ko noong June 11, 2013.

29. Q: Do you have any proof of the operation on the said date at
the said hospital?

A: May kopya ako ng Record of Operation mula sa Philippine
Orthopedic Center.

MR. LINDAIN: Your Honor, may I move that the Record of
Operation issued by the Philippine Orthopedic Center be
marked as Exhibit D.

30. Q: Mr. Witness, how long were you confined at the said
hospital?

A: Mga dalawang buwan ho. Na-discharge ako noong June 27,
2013.

31. Q: Do you have any proof of the length of your confinement at
the said hospital?

A: May kopya ako ng Medical Certificate mula sa Philippine
Orthopedic Center.

MR. LINDAIN: Your Honor, may I move that the Medical
Certificate dated July 19, 2013 issued by the Philippine
Orthopedic Center be marked as Exhibit E.

32. Q: Mr. Witness, I am showing you a Statement of Account
issued by the Billing and PhilHealth Section of Philippine
Orthopedic Center. Does this summary fairly and accurately
reflect the medical expenses you have incurred from the
incident?

A: Opo.

MR. LINDAIN: Your Honor, may I move that the Statement of
Account issued by the Billing and Philhealth Section of
Philippine Orthopedic Center be marked as Exhibit F.

33. Q: Mr. Witness, I am showing you a summary of receipts of
medicine and receipts of medical tests issued by different
drugstores and the Philippine Orthopedic Center. Does this
summary fairly and accurately reflect the medical expenses you
have incurred from the incident?

A: Opo.

MR. LINDAIN: Your Honor, may I move that the summary of
receipts of medicine and receipts of medical tests issued by
different drugstores and the Philippine Orthopedic Center be
marked as Exhibits G, G-1 to G-240.

34. Q: Have all of these expenses been paid, to your best
knowledge and belief?

A: Opo. Yung iba po nanggaling sa PhilHealth. Iyung iba
naman po, binayaran ng aking mga anak. May kasunduan din
po sa pagitan ng kapatid kong si Gloria at ng nakabangga sa
akin na magpapauna ng 2,000 pesos yung nakabangga.
Napagkasunduang si Arnel Lopez ang sasagot sa lahat ng
bayarin ko sa ospital at gamot.

35. Q: I am showing you a Member Data Record and a Certificate
of Remittance issued by the Accounting Office of the University
of the Philippines- Diliman. Please go over it and tell us the
relevance of these documents to your earlier statement.

A: Ang mga ito po yung dokumentong nagpapakita na
nanggaling sa PhilHealth yung ipinambayad ko sa ospital.

MR. LINDAIN: Your Honor, may I move that the Member Data
Record issued by PhilHealth be marked as Exhibit H. May I
also move that the Certificate of Remittance issued by the
Accounting Office of the University of the Philippines- Diliman
be marked as Exhibit I.

36. Q: I am showing you a Kasunduan executed between Gloria
Caspe Fernandez and Arnel C. Lopez. Please go over it and
tell us the relevance of this document to your earlier statement.

A: Ito yung kasunduang sinasabi ko na magpapauna si Arnel
Lopez ng 2,000 pesos, at siya ang sasagot sa lahat ng aking
gastusin.

MR. LINDAIN: Your Honor, may I move that the Kasunduan
executed between Gloria Caspe Fernandez and Arnel C. Lopez
be marked as Exhibit J. May I also move that the signature
of Arnel Lopez on the said document be marked as Exhibit J -
1 and the signature of Gloria Fernandez be marked as Exhibit
J -2.

37. Q: Mr. Witness, you mentioned that you went to the Quezon
City Police Department a day after the incident occured. Am I
correct?

A: Yes.

38. Q: And you also mentioned that the QCPD released an Alarm
Report, am I correct?

A: Yes.

39. Q: Then, what happened, if any?

A: Nahanap po ng QCPD iyung nagmamay-ari ng sasakyang
nakabangga sa akin. Dinala sa Philippine Orthopedic Center
yung may-ari ng sasakyang nakabangga sa akin. Nang magkita
kami nung may-ari ng sasakyang nakabangga, naka-confine pa
ako sa ospital noon. Sinabi nung mga pulis na mag-settle na
lamang kami. Binigyan ako ng mga pulis ng kopya ng Motor
Vehicle Inquiry Detail.

40. Q: I have here with me a document which we request to be
marked as our Exhibit K. What relation has this document to
the Motor Vehicle Inquiry Detail that you mentioned?

A: Ito ho yung sinasabi kong Motor Vehicle Inquiry Detail.

MR. LINDAIN: Your Honor, may I move that the Motor Vehicle
Inquiry Detail be marked as Exhibit K.

41. Q: Mr. Witness, did you read the Motor Vehicle Inquiry Detail?

A: Opo.

42. Q: In the Motor Vehicle Inquiry Detail that you read, who was
listed as the owner of the Mitsubishi Adventure with plate
number UVT 449?

A: Si Arnel C. Lopez.

43. Q: You mentioned awhile ago that a person was brought by the
police to the Philippine Orthopedic Center to settle things with
you. Am I correct?

A: Yes.

44. Q: Is that person the same Arnel C. Lopez, the owner of the
Mitsubishi Adventure as listed in the Motor Vehicle Inquiry
Detail?

A: Yes.

45. Q: Is that person the same Arnel C. Lopez, the owner of the
Mitsubishi Adventure that hit your motorcycle on April 4, 2013?

A: Yes.

46. Q: Mr. Witness, let us go back to the incident on April 4, 2013.
This time, let us focus on your motorcycle. You mentioned
awhile ago that the tambutso of your vehicle was hit by a
Mitsubishi Adventure. Am I correct?

A: Yes.

47. Q: Then, what else happened, if any?

A: Bukod sa tambutso, tinamaan din po yung headlight, signal
light, cover ng headlight, at footstep ng motorsiklo ko.

48. Q: Do you have evidence to prove the same?

A: May mga letrato ho ako ng mga bahagi ng sasakyan ko na
nasira matapos ang aksidente. Mayroon din ho akong
Quotation ng Damages ng motorsiklo ko mula sa Honda
Prestige.

MR. LINDAIN: Your Honor, may I move that the photographs
be marked as Exhibits L, L-1, L-2, and L-3. May I
also move that the Quotation for the Damages of the
motorcycle owned by the private complainant be marked as
Exhibit M.

49. Q: Does this summary fairly and accurately reflect all the
expenses you have incurred as a result of the damage done to
your motorcycle?

A: Opo.

50. Q: Have all of these expenses been paid, to your best
knowledge and belief?

A: Opo.

MR. LINDAIN: That will be all for the witness.

IN WITNESS WHEREOF, I have hereunto affixed my signature
this 13
th
day of June 2012, in Quezon City.

RICARDO C. BUSTILLOS
Affiant/ Private Complainant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public
in and for ____________________________ this ____th day of
____________ 20___. Affiant personally came and appeared with
Drivers License No. _______________ issued by the Department of
Transportation and Communications, Land Transportation Office on
_______________ at Quezon City, bearing his 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.

NOTARY PUBLIC

Doc. No. _____________;
Page No. _____________;
Book No. _____________;
Series of 20__

ATTESTATION

I, HOMER V. LINDAIN, of legal age, Filipino citizen, after having
duly sworn to in accordance with law, do hereby depose and say:

1. That I am the counsel of record for the private complainant in
the above-entitled case;

2. That I personally conducted the foregoing judicial affidavit of the
private complainant;

3. That I hereby certify that I faithfully recorded the questions I
asked and the answer of the witness;

4. That I likewise certify that neither I nor any person then present
had coached the witness regarding his answer in this judicial
affidavit.

IN WITNESS WHEREOF, I have hereunto affixed my signature
this 13
th
day of June 2014.


MR. HOMER V. LINDAIN
Counsel for the Private Complainant




SUBSCRIBED AND SWORN TO BEFORE ME, a notary public
in and for ____________________________ this ____th day of
____________ 20___. Affiant personally came and appeared with
Drivers License No. C05-09-004991 issued by the Department of
Transportation and Communications, Land Transportation Office on
April 12, 2012 at Quezon City, bearing his 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.

NOTARY PUBLIC

Doc. No. _____________
Page No. _____________
Book No. _____________
Series of 20__