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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR
MISAMIS ORIENTAL

MICHELLE MAE DAYATA NPS Docket No. X-09-INV-


17B-111
Complainant,

- versus – For: RECKLESS IMPRUDENCE


RESULTING IN
HOMICIDE

NORMAN A. GAID
Respondent.
x-----------------------------------------x

COUNTER- AFFIDAVIT

I, NORMAN A. GAID, of legal age, Filipino citizen, single, resident


of Purok 2, Poblacion, Laguindingan, Misamis Oriental, after having been
sworn to in accordance with law do hereby depose and say:

1. That I received a copy of the Joint Order of this Honorable Office


directing me to submit a counter-affidavit within ten (10) days
from receipt of the same;

2. That I am the respondent in the above-entitled complaint and I am


the driver of a passenger jeepney color white bearing plate no.
KVG-771;

3. That to give the Honorable Prosecutor the overview of the


incident, I will narrate the same in detail, to wit:

a. On 21 June 2018, at around 12 noon, I was driving the above-


mentioned passenger jeepney on a two-lane road where the
Laguindingan National High School is located toward the
direction of Moog in Misamis Oriental;

b. When we were approaching Laguindingan National


Highschool, I was slowly driving the said jeepney since the area
is a school zone. I was driving on the right lane of the road
when suddenly I felt that the left rear tire of the jeepney had
bounced and the vehicle tilted to the right side;

c. Then I heard someone shouting that a boy, who I later found


out to be Michael Dayata (Dayata), was run over, prompting
me to jump off the jeepney to help the victim. However, I
stopped upon seeing Dennis Mellalos (Mellalos) carrying the
body of Dayata and loaded him on a motorcycle to be brought
to the Laguindingan Health Center but it was closed. He then
proceeded to the El Salvador Hospital. He was then advised to
bring Dayata to the Northern Mindanao Medical Center.

d. Later on I found out that Dayata was brought to the Northern


Mindanao Medical Center where he was pronounced dead on
arrival;

4. That I vehemently deny the allegations of the complaint


specifically as follows:

a. I had no precautionary measures to pre-empt the accident;

b. There was intent on my part to cause the untimely death of


Michael Dayata;

5. That truth of the matter are as follows:

a. I had exercised extraordinary diligence as I have driven slowly


upon reaching the vicinity of the school. I was driving at no
more than fifteen (15) kilometres per hour.

b. I was driving the jeepney on the right lane and I did not see
Dayata flag me down. I also failed to see him go near my
jeepney at the left side as I was focused on the road ahead. I
cannot be faulted for not having seen the victim who came from
behind of the left side;

c. Procopio S. Andoy was seated beside me and witnessed


everything that happened during the accident. (Attached hereto
his Judicial Affidavit as Annex “1”)

d. Dayata hurriedly went after the jeepney which was then


running. His feet got caught with the left tire of the jeepney. His
own negligence in trying to catch up with the moving jeepney
to get a ride was the proximate cause of the accident and his
death (Attached hereto the Judicial Affidavit of ___ as Annex
“2”);

e. Even by exercising extraordinary diligence required unto me, I


could still not have foreseen the vehicular accident or could
have stopped the vehicle in time when its left rear tire bounced
due to the following reasons: (1) the victim was only a
trespasser; and (2) my attention was focused on the road and
on the students outside the school’s gate;
f. That I am executing this affidavit to attest the truth of the
foregoing facts and further pray that the complaint be
dismissed for lack of basis.

IN WITNESS WHEREOF, I hereunto affixed my signature this 22 nd


day of August 2018, City of Cagayan de Oro, Misamis Oriental.

NORMAN A. GAID
Affiant

SUBSCRIBED AND SWORN to before me this 22nd day of August


2018, City of Cagayan de Oro, Misamis Oriental. I further certify that I have
examined the affiant, that he has read, understood and voluntarily
exhibited the foregoing affidavit.

ANGELA MAE FELICE E. SUNGHONOR


Prosecutor II
Cagayan de Oro City, Misamis Oriental