Affidavit: Republic of The Philippines)

Republic of the Philippines )
In the City of Dipolog ) S.S.

x--------------------------------------x
AFFIDAVIT
I, BOBBY BARTONICO, of legal age, married, Filipino and

resident of Dipolog City, Zamboanga del Norte, after having been
duly sworn to according to law hereby depose and say, THAT;
QUESTION AND ANSWER
1. Question: What is your purpose in executing this Affidavit?
Answer: I am executing this affidavit to cause the filing of a

formal criminal complaint for Reckless Imprudence
Resulting to Damage to Property as defined under Article
365 of the Revised Penal Code against JANILO C.
GUMICAD, a resident of Brgy. Linabo, Polanco,
Zamboange del Norte;
2. Question: And why are you filing a criminal complaint for

Reckless Imprudence Resulting to Damages to Property
against JANILO C. GUMICAD?
Answer: On or about 12:30 PM, September 28, 2017, Mr.

Janilo C. Gumicad, because of his lack of precaution and
blatant disregard of traffic rules and regulation, caused his
motorcycle( Honda XRM125 without a license plate) ,to
collide with our company vehicle, Toyota Innova Wagon
with Plate Number A1 1348;
3. Question: Where did the collision took place?
Answer: The collision took place in front of Inso Minimart

along National Road of Brgy. Sicayab, Dipolog City;
4. Question: Can you describe how the collision happened?
Page 1 of 4
Answer: I was on my way to Dapitan City with my
officemate, Mr. Bobby Bartonico for some official business.
Mr. Bartonico informed me that we have to go back to the
office because we left some important documents. I then
slowed down and prepared to turn left for a u-turn when
suddenly a motorcycle struck the left side of the vehicle
damaging the bumper and the headlights.
5. Question: What did you do right after the collision?
Answer: I was stunned and just stayed in the vehicle for a

few minutes while Mr. Bobby Bartonico went out of the
vehicle and inspected our vehicle. At this same moment
people who were nearby helped the persons who were
riding the motorcycle because they were clearly injured. A
few minutes later a policeman passed by and assessed the
situation. The said policeman immediately called the police
station and called for police assistance. Later on a police
officer PO 1 Hermes S. Cortes arrived and conducted his
investigation. We then went to the police station in order to
formally report the incident and have it recorded in the
police blotter.
6. Question: What was the finding of the police investigation?
Answer: In the Police blotter it was stated that it was the

motorcycle who hit the Toyota Innova. A copy of the
certification describing the said incident is attached herewith
marked as “Annex B”;
7. Question: What was your assessment of the incident?
Answer: Based on what I saw, it was Mr. Gumicad’s

motorcycle who struck the company vehicle of Katipunan
Bank, I saw several motorcycles at the back of my vehicle
already in full stop because they are already aware that I am
making a u-turn. However, the motorcycle of Mr. Gumicad
which was several meters further is still in full speed and in
complete disregard of his surroundings did not notice my
signal light and my movement and as a result Mr.
Gumicad’s motorcycle collided with the vehicle I was
driving;;
Page 2 of 4
8. Question: What was the extent of the damage on the
company vehicle?
Answer: After a few days I had the vehicle delivered to a

repair shop and had the extent of the damaged assessed. The
actual cost of repairing the vehicle is One Hundred Sixty
Nine Thousand Two Hundred Fifty Five and 11/100 Pesos
(P169, 255.11). A copy of the receipts are attached herewith
marked as Annex C1 and C2 respectively;
9. Question: Where is the vehicle now?
Answer: The vehicle is now repaired and is currently being

used by the bank;
10.Question: Who will shoulder the cost of the repair?
Answer: I talked to Mr. Gumicad right after the incident and

we agreed that I will defer the filing of a criminal complaint
if he agrees to settle the cost of the repair. (A copy of the
Amicable Settlement is attached herewith marked as “Annex D”).
However, Mr. Gumicad did not faithfully comply with the
terms of the agreement;
11. Question: What do you want?
Answer: Janilo C. Gumicad because of his inexcusable lack of

precaution has caused the collision between his motorcycle
and the company car of Katipunan Bank which resulted in
damages amounting to One Hundred Sixty Nine Thousand
Thousand Six hundred Thirty Two (P169,255.11). Mr. Janilo
C. Gumicad during this time did not present a driver’s
license, an official receipt and a Certificate of registration in
flagrant disregard of the traffic rules and regulation. By
reason of the foregoing, I pray before the Honorable Office
of the City Prosecution to cause the filing of Information for
Reckless Imprudence causing damages to property as
defined under Article 365 of the Revised Penal Code under
the factual circumstances above-narrated against Janilo C.
Gumicad;
Page 3 of 4
IN WITNESS WHEREOF, I have hereunto affixed my
signature this _________ in ________________, Philippines.
KATIPUNAN BANK INC.

“A RURAL BANK”
BY:
JONILYN L. NAPIGKIT
Affiant
SUBSCRIBED AND SWORN to before me this ____________

in the City of Dipolog, Philippines. I hereby certify that I have
personally examined the affiant herein and I am satisfied that she
voluntarily executed and fully understood her affidavit.
Page 4 of 4

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Republic of the Philippines )

In the City of Dipolog ) S.S.

I, BOBBY BARTONICO, of legal age, married, Filipino and

QUESTION AND ANSWER

1. Question: What is your purpose in executing this Affidavit?

Answer: I am executing this affidavit to cause the filing of a

2. Question: And why are you filing a criminal complaint for

Answer: On or about 12:30 PM, September 28, 2017, Mr.

3. Question: Where did the collision took place?

Answer: The collision took place in front of Inso Minimart

4. Question: Can you describe how the collision happened?

5. Question: What did you do right after the collision?

Answer: I was stunned and just stayed in the vehicle for a

6. Question: What was the finding of the police investigation?

Answer: In the Police blotter it was stated that it was the

7. Question: What was your assessment of the incident?

Answer: Based on what I saw, it was Mr. Gumicad’s

Answer: After a few days I had the vehicle delivered to a

9. Question: Where is the vehicle now?

Answer: The vehicle is now repaired and is currently being

10.Question: Who will shoulder the cost of the repair?

Answer: I talked to Mr. Gumicad right after the incident and

11. Question: What do you want?

Answer: Janilo C. Gumicad because of his inexcusable lack of

KATIPUNAN BANK INC.

SUBSCRIBED AND SWORN to before me this ____________

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