Sunteți pe pagina 1din 5

Republic of the Philippines

Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR

, NPS No.: _______________


Complainant

- versus -

P03 ,
Respondent

COMPLAINT AFFIDAVIT

The right of a person using public streets and highways for travel in relation to other
motorists is mutual, coordinate and reciprocal. He is bound to anticipate the presence
of other persons whose rights on the street or highway are equal to his own. Although
he is not an insurer against injury to persons or property, it is nevertheless his duty to
operate his motor vehicle with due and reasonable care and caution under the
circumstances for the safety of others as well as for his own.1

I, _________ legal age, ______, Filipino and a resident of


___________, __________, Philippines, after having been sworn in
accordance with law, hereby depose and states that:

1. On _____________ at about 2 oclock in the afternoon along the


_______________, going south of _________, I drove my
motorcycle (XRM Honda, Plate No. ______) at a restricted speed
mandated by law, 40 50 Kph. Along with me is my back seat
rider and co-worker, ___________ we were on our way to work at
_________________. At about 10 meters, more or less, ahead of me
is, P03 ___________, to be hereinafter referred to as the respondent,
is a resident of _______, being then the driver of one ___ Patrol Car

1
LARRY V. CAMINOS, JR. vs. PEOPLE OF THE PHILIPPINES, G.R.No. 147437, MAY 8, 2009.
(bearing the plate number, ____) traversing southward of Negros
Oriental; he did then and there made a swift U-turn in a reckless,
careless, negligent and imprudent manner, without regard to
traffic laws, rules and regulations and without taking the
necessary care and precaution in avoiding damage to property and
injuries to person, causing such negligence, carelessness and
imprudence the said Patrol car collided with my motorcycle
driven by me, thereby causing damage to the motorcycle which
would require repair estimated at TWENTY FIVE THOUSAND
(PHP 25, 000.00);

2. As further consequence due to the instantaneous impact, I suffered


bodily injuries which required medical attention for a period of
____ days, from _______ to _________, and incurred the amount of
THIRTY FIVE (PHP 35, 000.00) as hospitalization expense and
medication bills. I have been incapacitated and relieved from
performing my customary labor as cook in the Resort since the
vehicular accident;

3. The report from Police Station clearly establishes the acts of


recklessness by the respondent. As contained in the said report
dated 28 May 2017 at 2 oclock in the afternoon and on what
transpired on __________, I manoeuvred my motorcycle on the
proper lane at 40-50 Kph, a reasonable rate of speed commensurate
with the conditions encountered which enables me to keep the
motorcycle under my full control and under normal conditions. I
drove along the stretch of_______, heading south when the Patrol
car swiftly driven by the respondent coming from the same lane,
going south to north thereby, encroached my driving lane in a vain
manner and made a left U-turn without prior audible sound or
visual signal in a national highway, and to avoid collision on my
left and on my right side for other vehicles or pedestrians, I had no
other choice but to crash against the Patrol car.

R.A. No. 4136 (Otherwise known as Land Transportation and


Traffic Code) Article III. Right of Way and Signals.
Section 42. Right of way.

(b) The driver of a vehicle approaching but not having


entered an intersection, shall yield the right of way to a
vehicle within such intersection or turning therein to the left
across the line of travel of such first-mentioned vehicle,
provided the driver of the vehicle turning left has given a
plainly visible signal of intention to turn as required in this
Act.

Section 43. Exception to the right of way rule.

(b) The driver of a vehicle upon a highway shall yield the


right of way to police or fire department vehicles and
ambulances when such vehicles are operated on official
business and the drivers thereof sound audible signal of their
approach.

Section 44. Signals on starting, stopping or turning. -

(a) The driver of any vehicle upon a highway, before starting,


stopping or turning from a direct line, shall first see that such
movement can be made in safety, and if any pedestrian may
be affected by such movement, shall give a clearly audible
signal by sounding the horn, and whenever the operation of
any other vehicle approaching or following may be affected
by such movement, shall give a signal plainly visible to the
driver of such other vehicles of the intention to make such
movement.

(b) The signal herein required shall be given by means of


extending the hand and arm beyond the left side of the
vehicle, or by an approved mechanical or electrical signal
device.

Photographs of the actual collision were taken as well to support


the report. Machine copies of which are herein attached and made
integral part hereof as ANNEXES A and B;
4. In the affidavit executed by P03, he affirmed and confirmed that,
after my clear verification that the highway was clear to
manoeuvre left from South to North direction, I took a left U-turn
manoeuvre for us to go back to Police Station with P02Ausejo
signal sitting at my back that the highway is clear to
manoeuvre... P03 showed utter conscious indifference to the
consequences of his conduct, without regard to traffic laws,
violative thereto. It can be uprooted from his statement that when
he allegedly drove the Patrol car and made a left U-turn, this
under normal conditions could not be considered safe and
manageable as to enable me to bring my motorcycle to slow
down effectively or to a full stop when necessary. It can also be
gainsaid that P03 disregarded utilizing his left side mirror and rear
end mirror in scanning the road as clear and without obstruction,
this is a standard protocol for drivers and being a police officer, it
is expected of him to be well versed with traffic guidelines or
protocols;

5. The collision disfigured my motorcycle from the point of impact


throwing me off my seat and knocking me unconscious, while my
co-worker sustained minor injuries. Machine copies of my medical
reports are hereto attached and made integral part hereof as
ANNEX C. Unconscious, I was boarded into a _____ and was
brought to Hospital for medical attendance;

6. Likewise, the complainant incurred moral damages consisting of


serious anxiety, sleepless nights, moral shock and similar injuries
which though incapable of pecuniary estimation may be
quantified by this Honorable Court at Php 20,000.00;

7. Likewise, to serve as an example for the common good and to


teach the respondent who is a public officer not to repeat the same
should be made to pay corrective and exemplary damages at no
less than Php 50,000.00;

8. As a consequence of the motor vehicular accident, complainant


was constrained to seek the services of counsel at an agreed
acceptance fee of Php 20,000.00 and a per appearance fee of Php
1,500.00 per appearance;

9. I am executing this complaint affidavit to attest to the truth of the


foregoing statements and for whatever legal purpose this may
serve.

S-ar putea să vă placă și