Interpreter: All rise for Hon. Reston . Let’s recite the ecumenical prayer.

Reston: (Stamp gavel) Sit.

Call the case.
Interpreter: MYRNA C. NAVARRO, and MARIA N. RAMOS vs. ROLDAN A.
FIGUERAS AND ALLEN V. ALABA, CIVIL CASE NO. 8240 for DAMAGES
BASED ON QUASI-DELICT.

Reston: Appearances?
Van, Haz and Sam: Entering my appearance as counsel for the plaintiffs,
your Honor.
Ale, Luz and Kring : Entering my appearance for the defendants, your
honor.
Court: Counsel are you ready to present your witness?
Van: Yes your honor. We likewise call our first witness in the witness stand
MYRNA C. NAVARRO
Interpreter: Raise your right hand. Do you solemnly swear to tell the truth
the whole truth and nothing but the truth in this investigation?
Queeng: I do.
Int: Please state your name, age, status, occupation and other personal
circumstances.
Queeng: I, Myrna C. Navarro, 75 years old, widow, residing at Sitio Tuya-
Tuya, Brgy. Poniente, Gigaquit, Surigao del Norte.

Interpreter: Your witness is now ready your honor.

Reston: Plaintiff counsel, your witness is now ready. You may now
proceed.
Evidence for the plaintiffs

Myrna C. Navarro

Van: The testimony of the witness is offered to support all the material
allegations in the complaint. That the witness is the complainant victim in
the case. That she will testify on the facts and circumstances relating to the
death of her husband and the multiple serious injuries she has sustained.
That in the course of her testimony, she will identify copy of receipts issued
showing the expenses she incurred for the wake, burial of her husband and
expenses for her treatment and medication. And that she will testify as to
other documents and all related matters of the case.

Reston: Comments.

Ale: Subject to cross.

DIRECT EXAMINATION OF MYRNA C. NAVARRO

1. ATTY : Ms. Witness, how old are you now?

A : 75 years old, Ma’am.

2. ATTY : What proof do you have to show that you are 75 years
old?
A : My Certificate of Birth, Ma’am.

3. ATTY : If shown to you, a copy of the said Certificate of Birth,

will you be able to identify it?
A : Yes, maam.

4. ATTY : I am showing to you a copy of Certificate of Marriage

marked as Exhibit “B”on page ___ of the record, how is
this related to the said document?
A : It is the same document, Maam.

5. ATTY : Ms. Witness, how are you related to Mr. Domingo

Navarro?
A : He is my husband, Maam
6. ATTY : What proof do you have to show your marriage to Mr.
Domingo Navarro?

A : Our Certificate of marriage, Maam.

7. ATTY : I am showing to you a copy of Certificate of Marriage

marked as Exhibit “A”on page ___ of the record, how is this related to the
said document?

A : It is the same document, Maam.

8. ATTY : Where is your husband now, Ms. Witness?

A : He is already dead, Maam.

9. ATTY : When did he die?

A : Last November 3, 2019, Maam.

10. ATTY : Do you have any proof to show that he died on November
3, 2019?
A : Yes, Maam. I have his Certificate of Death.

11. ATTY : If shown to you a copy of his Death Certificate, will you be
able to identify it?
A : Yes, Maam.

12. ATTY : I am showing to you a copy of Certificate of Death marked

as Exhibit “D”, how is this related to the said document?
A : It is the same document, Maam.

13. ATTY : How did your husband die?

A: By a vehicular accident, Ma’am.

14. ATTY : When was that?

 A : Last November 3, 2019, Maam.

15. ATTY : Can you please tell this Honorable Court what happened
on that day?
A : My late husband was driving our motorized tricycle and I
was on board sitting in the front side.

16. ATTY : What particular place of the highway were you then
travelling?

A : We started the travel form our residence in Sitio Tuya-

tuya, Gigaquit, Surigao del Norte bound to the Gigaquit Cemetery.

17. ATTY : What time was that when you left your residence?

A: I remember that it was 8:00 o’clock in the morning of

November 3, 2019.

18. ATTY : You said that you were travelling from your residence
bound to the Gigaquit Cemetery, were you able to reach there?
A : Yes. But on our way, we dropped by a water refilling
station located along the National Highway of Brgy. San Isidro, Gigaquit,
Surigaodel Norte.

19. ATTY : What was the purpose of your having to drop by the said
water refilling station?

A : We decided to drop out two (2) five empty Gallons for

refill and have them picked on our return trip from the Gigaquit
cemetery.

20. ATTY : Now, what happened next?

A : After completing our visit to the tomb of my late daughter

we went back home to SitioTuya-tuya, still riding the motorized
tricycle.
21. ATTY : Were you able to reach home from that visit to the
cemetery?
A : No, Maam. We were not able to reach home.

22. ATTY : Why? Can you tell us the reason?

A : While traversing the National Highway in Brgy. San Isidro

on our way to pick up the two (2) five Gallons of Refilled Water
from the Refilling station, our tricycle was suddenly hit by a
speeding Suzuki multicab coming from the rear position.

23. ATTY: To give us reference, where were you heading to pick up

the gallons of refilled water? To the direction towards Surigao City or
to the direction towards Claver?
A: To the Surigao City direction.

24. ATTY : Where was the refilling station located in relation to your
location then at that precise time?
A : On the opposite lane or the opposite road side.

25. ATTY : You said that your motorized tricycle was hit by a
speeding Suzuki multicab from the rear portion, can you tell us in
what particular place of the highway were your motorized tricycle was
hit by the speeding Suzuki multicab?
A : We were at the center of the road as we were about to
make a left turn.

26. ATTY : And then what happened?

A : I hear a loud bang, and then the motorized tricycle was

thrown to the opposite lane, almost near the edge of the road.

27. ATTY : What happened to you then, if you can still remember?
 A : I was inside the motorized tricycle and was asking for
help from the people out there.

28. ATTY : Do you mean to tell me that when the tricycle was thrown
out to the opposite lane of the highway, you were still in the inside
portion of the motorized tricycle?

Defendants: Objection, your Honor. Leading.

Reston: Reform.

ATTY: What happened to you when the tricycle was thrown out to the
opposite lane of the highway?

A : I remember that I was already lying on the edge of the road. I

was already suffering from injuries and then there was blood coming out
from my head and other parts of my body.

29. ATTY : After that, if you can still remember, were you still
conscious?

A : Yes, Ma’am. I was still conscious but I was very weak. I

remember somebody extended help to me. Moments later I was boarded to
the ambulance.

30. ATTY : What about your husband? What happened to him?

A : I saw him lying on the floor of the ambulance. He was

already unconscious and I could no longer talk to him. He was
not responding to me. I was already crying because I feel that
he has suffered serious injuries.

31. ATTY : What happened thereafter?

A : They first brought us to the Hospital in Bad-as, Placer,

Surigaodel Norte. It was there when I was informed that my
husband died. He was already pronounced as DOA (dead on
arrival) while I was treated with my injuries. But eventually I was
 transferred to the Caraga Regional Hospital here in Surigao
City.

32. ATTY : So you mean to tell us that you were the only one brought
to the Caraga Regional Hospital?

A : Yes, Ma’am. I was the only one brought to the Caraga

Regional Hospital because my husband was left behind as he
was already considered DOA.

33. ATTY : What then happened?

A : I was treated upon when we arrived at the Caraga

Regional Hospital. I was admitted for confinement and stayed there
overnight. But there was a decision by the doctor that I will be
transferred to the Manuel J. Santos Hospital in Butuan City for further
medical attention. And while I was still confined, my children decided
to bury my husband even without my attendance because I was
hospitalized.

Permission to ________________

34. ATTY : Going back to you being at Manuel J. Santos Hospital in

Butuan City, who attended your bills there?

A : My children, Ma’am.

35. ATTY : What about your medicine?

A : It was also my children, Ma’am.

36. ATTY : You said that you had undergone further medical treatment
in the said hospital, do you know what was the result of the medical
examination conducted on you?
A : I was diagnosed to have fractured right wrist and was
confined for three (3) days in the hospital.

37. ATTY : What proof do you have to show this diagnosis?

 A : I have here the Medical Certificate issued by the M.J.
Santos Hospital and pictures showing said injury that I have
suffered

38. ATTY: Your Honor, we would like to ______ the Medical Certificate
issued by the MJ Santos Hospital be marked as Exhibit “L” and the
photos of Myrna’s injury be marked as Exhibit “M”.

Judge: Comments?

Defendants: __________________________

39. ATTY: For this injury that you sustained and the medical attention
and the hospitalization you had undergone, can you tell us how much
to date have you so far spent?
A : The initial expenses incurred is the sum of Php 40,276.99.

40. ATTY: What proof do you have to support these expenses?

A : I have receipts

41. ATTY: If shown to you a copy of receipts, will you be able to identify
it?
A : Yes

42. ATTY: I am showing to you a copy of receipts marked as Exhibit “J”

and series, how is this related to the receipts you mentioned?
A : It is the same, Ma’am.

43. ATTY: Is your treatment already completed?

A : Not yet, Maam. I am still under treatment and medication.
That is why the amount of Php 40,276.99 is still our initial expenses.

44. ATTY: Let us go to your deceased husband. How much have

you spent for his interment?
A : For the wake, the construction of the tomb and other
related expenses, I have spent the amount of Php 174,557.71.

45. ATTY: What proof do you have to support said amount?

A : I have receipts, Ma’am.
46. ATTY: if shown to you a copy of the said receipts will you be able to
identify it?
A : Yes, Ma’am.

47. ATTY: I am showing to you a copy of receipts marked as Exhibit “I”

and series, how is this related to the receipts you mentioned?
A : It is the same, Ma’am.

48. ATTY: Now with respect to the motorized tricycle, what is its
present condition as a result of the accident?
A : Both the motorcycle and the sidecar suffered substantial
damages.

49. ATTY: Do you have proof of their damages?

A : Yes, I have the pictures.

Mark the pictures as Exhibit “___”

50. ATTY: Due to the untimely death of your husband, can you tell us
how did you feel?
A : It is beyond measure, ma’am. It is a terrible and tragic loss to
me and my child. He was not able to reach his 76th birthday on
January 1, 2020. I was completely devastated as I was happily
married to him for 49 long and fruitful years. I could not sleep. I
am suffering for continuous mental anguish and distress.

51. ATTY: If those feelings of yours now would be quantified in terms of

monetary value, how much would you want this Court to award you to
compensate for the loss of your husband?
A : No monetary value could ever compensate for the loss of my
husband. I leave it to the court to determine my feelings. To
repeat, it is beyond compensation, it is beyond monetary
measure.

52. ATTY: About you having been suffering from a fractured right wrist,
how much damages you yourself would like to be compensated?
A : Reimbursement of actual medical expenses and related
miscellaneous expenses in the initial amount of not less than
PhP 300,000, Ma’am.
53. ATTY: For all the sufferings that you have experienced, what would
you like to happen next?
A : I just wanted justice to be done to me and for the death of
my husband, Ma’am. That’s all I want.

54. ATTY: I have no further questions, your Honor.