Republic of the Philippines )

City of Surigao ) S.S.

COMPLAINT - AFFIDAVIT

I, MILKY HERO C. CARDUZA, of legal age, Filipino, married,

and a resident of Surigao City, Philippines, after having been duly sworn to
in accordance with law, hereby depose and state:

1. That I am the Branch Manager – Surigao City Branch - of Soccoro

Empowered People’s Cooperative (SOEMCO) located at M. Ortiz St.,
Brgy. Washington, Surigao City, and is duly authorized to file this
case. Attached herewith is the Secretary Certificate as ANNEX “A”;

2. That on December 9, 2017 at approximately 8:15AM, while I was at

the SOEMCO Office together with my fellow employees, we were
startled by a sudden loud and violent noise or bang right outside the
office;

3. That I immediately went out and found that one MAZDA Sedan with
Plate No. GEF 845 bumped into the covered guard post of SOEMCO
which resulted to damages of the latter’s building premises and
personal properties, specifically, the motorcycles parked at the side of
the covered guard post, as follows: 1. One (1) black Honda XRM 125
motorcycle (Plate No. 3523IB); 2. One (1) black Honda Wave 100
motorcycle (Plate No. 7177OF); 3. One (1) Honda XRM 125
motorcycle (Plate No. 6253IA); and 4. One (1) Honda Wave 100
motorcycle (Plate No. 7179OF). Attached herewith are the OR/CR of
the abovementioned motorcycles as ANNEXES “B”, “C”, “D”, “E”;

4. That said incident was immediately reported to the Police Station of

Surigao City and thereafter, we obtained a police blotter from the said
authority (copy of the police blotter is herein attached as ANNEX
“F”);

5. Further, the aforesaid Mazda Sedan was driven by a certain JOB

QUINTO TARPIN, 30 years of age, male, married, and a resident of
M. Ortiz St., Brgy. Washington, Surigao City, and a holder of
Professional Driver’s License No. KO7-04-001838 dated 10.24.2019
(copy of the LTO Professional Driver’s License is herein attached as
Annex “G”);

6. Such black Mazda Sedan with Certificate of Registration (CR) No.

14522585-0 dated 06/01/2012 and expired Official Receipt (OR)
No. 897685736 dated 05/16/2015 (Copy of the OR/CR is hereby
attached as Annex “H”) is owned and registered under the name of

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 Samuel Benitez Lisondra with address in Cebu City as indicated in
the OR/CR;

7. When we reviewed the CCTV footages of SOEMCO (DVD which

contained copy of the CCTV footages is herein attached as Annex
“I”), subject Mazda Sedan was over-speeding on the right lane of the
road behind one tricycle and, upon reaching SOEMCO’S Office, it
suddenly encroached on the left side lane and continued to move far
left hitting the covered guard post of SOEMCO and the motorcycles
parked at the side;

8. Actual Photos of the place of the incident are likewise attached

herein as Annexes “J”, “J-1”, J-2”

9. Photos of the motorcycles being damaged are likewise attached herein

as Annexes “K”, “K-1”, K-2”, “K-3”;

10.That all elements of Reckless Imprudence resulting to Damage to

Property under Article 365 of the Revised Penal Code are present
when Mr. Tarpin acted with so much recklessness thereby causing
damage to the building premises and motorcycles parked outside the
office of SOEMCO;

11. The actual cost of the roll-up as repaired by SOEMCO is Php

8,925.00. The actual estimated cost of the four (4) motorcycle
mentioned above is more or less Php 25,000.00.

12.That in order to criminally prosecute Mr. JOB QUINTO TARPIN,

SOEMCO hereby incurred legal expenses in the sum of not less than
Fifty Thousand Pesos (P50,000.00) for which Mr. Tarpin should be
made to reimburse;

13.That I am executing this affidavit for and in behalf of my employer

(SOEMCO) to attest the truthfulness of the foregoing facts and to
demand Actual, Exemplary, and Moral Damages as can be proved
during the trial or an amount not less than Five Hundred Thousand
Pesos (P100,000.00);

14.That this Complaint-Affidavit is executed by me on behalf of my

employer Soccoro Empowered People’s Cooperative (SOEMCO), in
support of our complaint for RECKLESS IMPRUDENCE
RESULTING TO DAMAGE TO PROPERTY against MR. JOB
QUINTO TARPIN who can be served with subpoena at his address
in M. Ortiz St., Brgy. Washington, Surigao City.

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 IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of
September 2018, in Surigao City, Philippines.

MILKY HERO C. CARDUZA

Affiant

SUBCRIBED AND SWORN TO before me in the date and place

above written. I FURTHER CERTIFY that I personally examined the
affiant, has ascertained to some prudent degree that he fully understands the
contents of this affidavit, has understood the implications and effects
thereof, and executed the same free from whatever forms of compulsion
other than his own free act and will.