Republic of the Philippines

MUNICPAL TRIAL COURT

7th JUDICIAL REGION
Branch ___
Cebu City

PEOPLE OF THE
PHILIPPINES,

Plaintiff,
CRIM CASE NO. 149449-R

-versus- For: Reckless Imprudence

Resulting to Serious
Physical Injuries

ALPUERTO ALAN BORNEA,

Accused.

x---------------------------------/

JUDICIAL COUNTER-AFFIDAVIT
of Alpuerto Alan Bornea

I, ALPUERTO ALAN BORNEA, of legal age, Filipino, and a

resident of Lahug, Cebu City, Philippines, after having been duly
sworn in accordance with law, do hereby answer the questions
asked of me in this Judicial Affidavit, fully conscious that I do so
under oath, and that I may face criminal liability for false testimony
or perjury, as follows:

Q1: Mr. Witness, can you please state to this Honorable Court your
name and address?
A1: I am ALPUERTO ALAN BORNEA and a resident of Pelaez Street,
Barangay San Antonio, Cebu City, Philippines.

Q2: Why are you executing the Judicial Affidavit?

A1: I am executing this Judicial Affidavit to refute the baseless and
malicious claims and accusations leveled against me by the
Private Complainant.

Q3: Why were you charged with this case by the Private
Complainant?
A1: This case was filed by the Private Complainant because I
allegedly, in a reckless and negligent manner without taking
the necessary precaution, hit the Private Complainant with the
taxi I was driving last November 21, 2010 at 1:30 in the
morning.

Q4: How long have you been a driver for Ken Taxi?
A4: I have been a driver for almost ten (10) years.

Q5: What time is your shift?

A5: My shift is for 24 hours, from 12 noon and it will end at 12
noon the next day.

Q6: Can you illustrate to us what happened on November 20,

2010?
A6: I was dropping off my passengers in Mango Avenue, now
General Maxilom.

Q7: What happened after that?

A7: Two men approached me in the drivers seat and held me at
gunpoint.

Q8: What did they want?

A8: They told me to get off the car and demanded that I surrender
the taxi with its key or else they will shoot me.

Q9: What was your initial reaction?

A9: I was scared and honestly didnt know what to do but I figured
that I have to immediately report the incident to the nearest
police station.

Q10: Did you report it to the police?

A10: Yes, I was assisted by SPO4 Jovan Jadulco.

Q11: Do you have a copy of the police report?

A11: Yes, I have one. A copy of the Police Report is hereto attached
as ANNEX A.

Q12: Were there any witnesses to the carnapping incident?

A12: Yes. The Joint Judicial Affidavit of said witnesses are
hereto attached as ANNEX B.

Q13: Who else did you inform about the car napping incident?
A13: After I reported it to the police, I also called my employer. The
Judicial Affidavit of the taxi operator is hereto attached as
ANNEX C.

Q14: Who did you talk to?

A14: I was able to talk to our operations manager, Ms. Isabelle
Alcaraz who was on duty at that time. A copy of the Incident
Report is hereto attached as ANNEX D.

Q15: Do you affirm and confirm the allegations in this Judicial

Affidavit as your direct testimony?

A15: Yes, sir.

That is all for the witness, your Honor, he is now ready for
cross examination.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 23rd day of December 2010 in Cebu City, Philippines.

ALPUERTO ALAN BORNEA

Affiant

SUBSCRIBED AND SWORN to before me this 23rd day of

December 2010 in
Cebu City, Philippines, Affiant with his Drivers License No. 678910.

SWORN ATTESTATION

I, Atty. Michael Cyril Mahinay, with office address in 23

Banawa, Cebu City after having been duly sworn to in accordance
with law, do hereby depose and state that:

I am the lawyer who conducted the examination of the affiant

ALPUERTO ALAN BORNEA. I faithfully recorded or caused to be
recorded the questions asked and the corresponding answers that
ALPUERTO ALAN BORNEA gave; and in the course of the
examination, neither I nor any other person present or assisting
ALPUERTO ALAN BORNEA coached him regarding the answers that
he will give. I hereby execute this sworn attestation in order to
attest to the truth of the foregoing facts and for whatever purpose it
may serve.
 IN WITNESS WHEREOF, I have hereunto set my hand this 23 rd
day of December 2010 in Cebu City, Philippines.

ATTY. MICHAEL CYRIL MAHINAY

IBP ID No. 56789

SUBSRIBED AND SWORN TO BEFORE ME, this 23 rd day of

December 2010 in Cebu City, Philippines, affiant personally
appeared before me and exhibited to me his Community Tax
Certificate No. 223344 issued on January 3, 2000 at Cebu City,
Philippines.

Copy furnished:
OFFICE OF THE PROVINCIAL PROSECUTOR
Office of the Assistant Provincial Prosecutor
Detailed PPO-Cebu City
MCLE Compliance No. IV 000000
Officer-in-Charge