Counter Affidavit - Reckless Imprudence Resulting To Homicide

Republic of the Philippines )
Bacolod City ) S.S.
COUNTER – AFFIDAVIT
I, PEDRO SANTOS, 27 years old, single, Filipino citizen and a resident of Arimas
St., Brgy Zone IV, Municipality of Murcia Negros Occidental after being sworn to
in accordance with law depose and state that:
1. I am the respondent of NPS No. VI-14-INV-IBK-00438, entitled “Juan

Dela Cruz, Juan Dela Cruz Jr., Juana Dela Cruz, & Maria Dela Cruz vs.
Pedro Santos” for Reckless Imprudence Resulting to Homicide;
2. At around 6 o’clock in the evening of November 1, 2019, I was on board

a KTM 200 Duke motorcycle with plate no. 060106 owned by Mario
Rivera, pastor of our church (One Faith Ministry) and registered under
the name of Future Finance Corporation going to Brgy. Lopez Janea,
Murcia, Negros Occidental to visit Edward Regoli, a friend and also a
member of our church to conduct a bible study;
3. Upon arriving at Edward’s house, I discovered that he was not there.

Then, I decided to go home in order to change clothes and go to the
cemetery to light candles for the souls of my dear departed relatives and
friends;
4. As I was traversing the national highway near crossing of Brgy Iglau-an,

I saw a person about 100 meters away from me, which I later identified
as Ricardo Dela Cruz, attempting to cross the road a few meters away
from the pedestrian lane near the waiting shed;
5. As he was crossing, I observed that he was mindlessly checking the

contents of his wallet. As he was approaching the middle of the road, I
honked the horn of the motorcycle to catch his attention. In response,
he stopped in the center lane and waved his hands motioning me to
pass first;
6. As such, I continued traveling in the west bound inner lane of the

national highway. Ricardo Dela Cruz then suddenly started moving
forward with a couple of steps and I swerved to the left trying not to hit
him. However, as I was just about to pass Ricardo Dela Cruz, he
unexpectedly took a step back, consequently and inevitable hitting him
with my motorcycle. Attached hereto is Annex “A” the sketch of the
incident;
7. After the impact, I was thrown off my motorcycle on the side of the road.
A few moments later, two people, later known to me as Romeo De Jesus
and Juliet De Jesus came to my assistance;
8. I suffered so much pain in different parts of my body due to the injuries

I sustained. A few minutes later, a media approached me and
interviewed me asking about the details relating to the incident and
people started to gather as well. They looked for the old man as he may
need assistance as well. While the media was interviewing me, I heard
someone called out saying that he found Ricardo Dela Cruz and news
reporters rushed to the spot;
9. An ambulance arrived and the driver told me that they will be taking me
to the hospital but I insisted that they attend to the man first thinking he
may need immediate medical attending. Another ambulance came
thereafter and they took me to Riverside Medical Hospital in Bacolod
City;
10. During the said incident, Ricardo Dela Cruz was alone;
11. Likewise, there is no basis to charge me of Reckless Imprudence

Resulting to Homicide because it was Ricardo Dela Cruz who was
reckless by not exercising the necessary caution on crossing the road
and despite efforts from me to avoid collision, the same cannot be
prevented because of his recklessness;
12. I understood the contents of the foregoing Counter – Affidavit in as much

as it was translated to me in Ilonggo dialect, a dialect that I speak and
understand;
IN WITNESS WHEREOF, I have hereunto affixed my signature this 27th

day of January 2020 in Bacolod City, Negros Occidental, Philippines.
PEDRO SANTOS
Affiant
SUBSCRIBED AND SWORN to before me this January 27 2020 in
Bacolod City Philippines. Affiant exhibited to me his PHILHEALTH I.D.
with ID number 11-025669729-7 as competent proof of his identity. I
hereby certify that I have examined the affiant and that I am satisfied
that he understood and voluntary executed the contents of the foregoing
Counter-Affidavit.
ANTHONY C. DINOZZO
Provincial Prosecutor
Office of the City Prosecutor- Bacolod City
Copy Furnish:
Juan Dela Cruz , Plaintiff

________________________
________________________
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Republic of the Philippines )

Bacolod City ) S.S.

1. I am the respondent of NPS No. VI-14-INV-IBK-00438, entitled “Juan

2. At around 6 o’clock in the evening of November 1, 2019, I was on board

3. Upon arriving at Edward’s house, I discovered that he was not there.

4. As I was traversing the national highway near crossing of Brgy Iglau-an,

5. As he was crossing, I observed that he was mindlessly checking the

6. As such, I continued traveling in the west bound inner lane of the

8. I suffered so much pain in different parts of my body due to the injuries

11. Likewise, there is no basis to charge me of Reckless Imprudence

12. I understood the contents of the foregoing Counter – Affidavit in as much

IN WITNESS WHEREOF, I have hereunto affixed my signature this 27th

Juan Dela Cruz , Plaintiff

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