REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 83, QUEZON CITY

JUAN DELA CRUZ,

Plaintiff,

- versus - CIVIL CASE NO. 1179-AB

For: Damages
JOSE REYES,
Defendant.

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JUDICIAL AFFIDAVIT OF
JUAN DELA CRUZ

Plaintiff Juan Dela Cruz by counsel, respectfully offers his

testimony to prove the following:

1. His ownership of the black Honda Civic at the time of the

incident on December 3, 2015;

2. His driver’s license which was valid and subsisting at the

time of the incident on December 3, 2015;

3. That he was driving at a moderate speed and complying

with traffic rules and regulations;

4. The taxi driver Pedro San Pedro’s deliberate act of

speeding and for failing to comply with traffic rules and regulations by
attempting to beat the red light;

5. The taxi driver San Pedro was the employee of defendant

Jose Reyes, who is the sole proprietor of Biyaheng Langit Taxi
Company.

6. The receipts evidencing the costs of hospitalization and

funeral expenses;

7. Other preliminary and related matters.

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TESTIMONY ON DIRECT EXAMINATION

I, Juan Dela Cruz, 35 years old, widower, and a resident of 55

Samar Ave., Brgy. South Triangle, Diliman Quezon City, having been
examined at Mendoza Panganiban Carpio Buhangin Law in Makati
City by Atty. John Dominic T. Buhangin, under oath, state:

Q1: What were you doing past midnight of December 3,

2015?

A1: I was driving my car, a black Honda Civic with plate

number TIC 559.

Q2: Are you licensed to drive this vehicle?

A2: Yes, in fact I hold a non-professional driver’s license with

license number D16-12348746389, which expires in
2020.

Q3: Why were you driving past midnight of December 3,

2015?

A3: My 15-year old son, Tirso Dela Cruz IV, and I came from
a family gathering. We were on our way to our residence
in Brgy. South Triangle.

Q4: Was your son, Tirso Dela Cruz IV, in the same vehicle as
you?

A4: Yes. He was seated and asleep at the back of the vehicle.

Q5: What road did you take on your way to your residence in
Brgy. South Triangle?

A5: I drove along E. Rodriguez Ave., then passed through

Tomas Morato.

Q6: At what speed were you while driving thru Tomas

Morato?

A6: At a moderate speed of about 40km per hour.

Q7: What happened while you were in Tomas Morato?

A7: While I was driving along Tomas Morato and traversing

the intersection of Roces Ave., on a green light, I was met
by a white Toyota Vios taxi cab, with plate number NVM
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235, driven by one Pedro San Pedro of Biyaheng Langit

Tax Company.

Q8: Where did the white Toyota Vios taxi cab come from?

A8: The white Toyota Vios taxi cab being driven by San Pedro
was coming from Kamuning Road heading to Roces Ave.
when he collided with my vehicle.

Q9: What was the speed of the white Toyota Vios taxi while
traversing the Kamuning Road going to Roces Ave.?

A9: The white Toyota Vios was speeding. It was travelling at

around 100 to 120km per hour. San Pedro was beating
the red light.

Q10: What happened after your vehicle was met by the white
Toyota Vios at the intersection?

A10: A serious collision resulted, wherein the taxi cab hit the
rear right portion of my vehicle, sending it spinning and
rolling along Roces Ave.

Q11: What happened after the collision?

A11: My son, Tirso Dela Cruz IV, suffered serious physical

injuries and was immediately rushed to the nearby Dr.
Jesus Delgado Memorial Hospital along Kamuning Road.
However, two days later, he succumbed to his injuries.

Q12: What happened after your son was rushed to the

hospital?

A12: I went to the Kamuning police station where I saw San

Pedro already there. He presented his driver’s license,
D15-18375785 as well as his employment ID which
showed that he was a driver of Biyaheng Langit Taxi
Company.

Q13: What expenses did you incur due to the incident?

A13: I spent a total of P512,367.00 for the hospitalization of my

son, Tirso Dela Cruz IV. I also spent P150,000.00 for his
funeral expenses. As a consequence of the incident and
the death of my only son, I suffered mental anguish,
serious anxiety, sleepless nights, and moral shock.
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WITNESS ATTESTATION

I attest to the truth of the foregoing narration of facts by affixing

my signature below. I answered the above questions with full
awareness that I was under oath at the time the questions were
propounded to me and that I might face criminal liability for false
testimony or perjury for any false statement in this Judicial Affidavit. I
warrant that the documents attached to this Judicial Affidavit are
faithful reproductions of their original counterparts.

Makati City, 29 March 2018.

JUAN DELA CRUZ

Affiant

ATTESTATION

I, the undersigned counsel, Atty. John Dominic T. Buhangin, do

hereby certify, in accordance with Section 4 of A.M. No. 12-8-8-SC
that:

1. I faithfully recorded or caused to be recorded the

questions asked and the corresponding answers that the plaintiff-
witness Juan Dela Cruz gave; and

2. Neither I nor any other person then present or assisting

him coached the witness regarding his answers.

JOHN DOMINIC T. BUHANGIN

Roll of Attorneys No. 69780
MCLE 35879, 12/03/15 to 04/14/19, Makati City
IBP No. 129874, Makati City
PTR No. 124376, 01-08-17, Makati City
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SUBSCRIBED AND SWORN to before me this _______ day of

_______ 2018 by affiants, whose identity I have confirmed through
identification documents bearing their photographs and signatures as
follows:

ISSUED
FOR ID IN
ON

Doc. No. _____

Page No. _____
Book No. _____
Series of 2018.