REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH __________
Alex Merlin,
-versus-

Criminal Case NO.

For: RECKLESS IMPRUDENCE RESULTING
TO HOMICIDE; VIOLATION OF RA NO.
10586

Harvey Espino and Jess de Guzman,

x-------------------------------------x

JUDICIAL AFFIDAVIT OF
PLAINTIFFALEX MERLIN
I, Alex Merlin, of legal age, married, and living at ___________________, plaintif
in this case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Isabel Dinamita with address at #42 Jorama
Building, Marcelino St., Cor. Sikatuna, Marikina City Philippines. The
examination is being held at the same address. I am answering his questions
fully conscious that I do so under oath and may face criminal liability for false
testimony and perjury.
PURPOSE: This affidavit/testimony of plaintif Alex Merlin is being ofered to
prove that the respondent failed to exercise extraordinary degree of
diligence to carry its passengers safely and with utmost care, that at the
time of the mishap the respondent was in violation of traffic regulation for
he was without a drivers license.

1. Q.
A.

Please state your name and other personal circumstances for the
record.
My name is Alex Merlin, with address at #33 Mabait Street,
Teachers Village East, Quezon City

2. Q.
A

Where were you on March 4, 2016?

I was riding a jeepney, Sir.

3. Q.
A.

Who was driving said jeepney?

It was driven by Mr. Harvey Espino, Sir.

4. Q.
A.

What was the speed of the jeepney?

It was 40 to 50kph, Sir.

5. Q.
A.

What time was it when you were in the jeepney?

It was around 2 oclock in the morning.

6.

7.

8.

Q.
A.

Who were you with while you were aboard the jeepney?
I was with my daughter, Angelica Merlin.

Q.
A.

How old is your daughter?

She is 26 years old.

Q.
A.

Where were you seated then?

I was sitting behind the driver sir.

9.

Q.
A.

How about your daughter, where was she seated?

She was sitting on the same side with me but there were about 6
passengers between us.

10.

Q
A

What happened while you were in the jeepney?

It collided with a Mitsubishi Lancer

11.

Q
A

How did the collision happen?

The passenger jeepney made a sharp left turn in an abrupt to
make a u-turn.

12.

Q
A

What happened after?

The Mitsubishi Lancer hit the jeepney.

13.

Q
A

What part of the jeepney was hit?

The rear end of the jeepney was hit.

14.

What part of the Mitsubishi lancer was hit?

The cars front left fender.

15.

Q
A

What happened as the Mitsubishi Lancer hits the jeepney?

16.

Q
A

What happened to you after the collision?

I managed to escape the accident unscathed.

17.

Q
A

How about your daughter? What happened to her?

My daughter Angelica Merlin was thrown out of the window
together with other passengers.

18.

Q
A

What happened to her thereafter?

She died on the spot because of her injuries.

19.

Q
A

Who is the driver of the Mitsubishi Lancer?

It was Mr. Jess De Guzman.

I saw some of the passengers thrown of the window and

onto the concrete surface of the highway due to the strong
impact.

20.

Q
A

What did you notice on the jeepney after the collision?

There was a significant damage on the jeepney.

21.

Q
A

What did you notice on the Mitsubishi Lancer after the collision, if
any?
There was also a significant damage on the car.

22.

Q
A

What transpired thereafter?

The police investigator and medical team arrived, Sir.

23.

Q
A

What was the result of the police investigation?

Here with me is the copy of the police investigation, Sir.
(attached copy police investigation)

24.

What was the result of the police investigation, if any, regarding

Mr. Harvey Espino, the jeepney driver?
That he has no drivers license at that time, Sir.

A
25.

Q
A

How about the driver of the Mistubishi Lancer, Mr. Jess De

Guzman?
That he was drunk at that time, Sir.

26.

Q
A

What did the police say about the speed of the lancer, if any?
The police found out that the Lancer was traveling at 60 to 70 kph
going eastward.

27.

What is the cause of death of your daughter based on her death

certificate?
She died because of the head injury she sustained in the collision.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of

___________ 2016 at _________
Alex Merlin
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for

_________(City/Province)____________ this ____th day of ____________ 20___.

Affiant personally came and appeared with _____________(Competent Evidence of

Identity)______ issued by the _________(Government Agency)______ on ___(date)__
at ________(place)_________, bearing his photograph and signature, known to me
as the same person who personally signed the foregoing instrument before me
and avowed under penalty of law to the whole truth of the contents of said
instrument.

Atty ___________________________________________
Notary Public
Doc. No. ____
Commission Serial No. ____________________________
Page No. ____
Notary
Public
for
_______(Province/City)______________
Book No. ____
Until December 31, 20__
Series of 20__
Office:
______________(address)____________________
Roll No. __________
IBP Lifetime Roll No. _________; __/__/__ ;
_(Province)_
PTR No. _________ ; __/__/__ ; _(Province)_
MCLE Compliance Cert. No. __________; __/__/__

I, ___________________, of legal age, Filipino, with postal address

______________________ after being duly sworn depose and say:
1. I was the one who
___________________
___________________;

conducted
at
my

the examination
aforementioned

of witness
office
in

2. I have faithfully recorded or caused to be recorded the questions I

asked and the corresponding answer that the witness gave;
3. I nor any other person then present or assisting her coached the
witness regarding her answers;
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of
____ 2013 at ___________.

ATTY. __________________
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for

_________(City/Province)____________ this ____th day of ____________ 20___.
Affiant personally came and appeared with _____________(Competent Evidence of
Identity)______ issued by the _________(Government Agency)______ on ___(date)__
at ________(place)_________, bearing his photograph and signature, known to me
as the same person who personally signed the foregoing instrument before me

and avowed under penalty of law to the whole truth of the contents of said
instrument.

Atty ___________________________________________
Notary Public
Doc. No. ____
Commission Serial No. ____________________________
Page No. ____
Notary
Public
for
_______(Province/City)______________
Book No. ____
Until December 31, 20__
Series of 20__
Office:
______________(address)____________________
Roll No. __________
IBP Lifetime Roll No. _________; __/__/__ ;
_(Province)_
PTR No. _________ ; __/__/__ ; _(Province)_
MCLE Compliance Cert. No. __________; __/__/__