Republic of the Philippines )

City of Butuan ) S.S.

AFFIDAVIT OF CONTEST

I, JOEL M. SAMOYA, of legal age, Filipino, married, and a resident of Brgy. Sangay,
Kitcharao, Agusan del Norte, Philippines, after being sworn according to law, hereby depose and
say:

1. That I am the authorized driver of the private Toyota HiAce Commuter van 2016
bearing Plate No. ACU 6575 which was apprehended by LTFRB personnel on March 22, 2019 in
National Highway, Triangulo, Nasipit, Agusan del Norte for allegedly engaging in colorum
activity;

2. That at the time of the apprehension, I was on my way to Cagayan de Oro City as I was
requested by my niece, Sweet Rosejean Bonite Cardines, to drive her to said city from Kitcharao,
Agusan del Norte because she will take the LET exam for teachers. My said niece requested her
friend, Lucila Montes, to let her borrow the aforesaid vehicle for me to drive;

3. That Sweet Rosejean Bonite Cardines has some companions who are all takers of the
said LET exam. All in all, there are fourteen passengers of the said vehicle at the time of
apprehension;

4. That I am executing this affidavit to dispute or contest my aforesaid apprehension

pursuant to Joint Administrative Order No. 2014-01 of the Department of Transportation and
Communication (DOTC) based on the following grounds, to wit:

4.1 All the passengers are non-paying as they merely take advantage of
the occasion of our travel to Cagayan de Oro City. I did not collect any amount
from anyone of them, and the amount of P1,100.00 which they mentioned to the
apprehending officers was actually collected by my niece for their hotel
accommodation and other expenses in Cagayan de Oro City;

4.2 I was merely driving the said vehicle as a favor to my niece as I am

also very help her in her endeavor to take and pass the LET exam.

5. That from the above-mentioned circumstances, it is clear that I did not commit the
“Colorum violation”;

6. That to support my contest to the said apprehension, I am attaching hereto the

affidavit of my niece, Sweet Rosejean Bonite Cardines, as Annex “A” hereof, and the Joint
Affidavit of two of the passengers, Genelyn F. Catamora and Reyzalyn M. Aboy, as Annex “B”
hereof;

7. That I hereby appeal on humanitarian grounds to the Regional Director of the

Department of Land Transportation and Communication (DOTC), the Land Transportation Office
(LTO), and the Chairman of Land Transportation Franchising Regulatory Board (LTFRB) to release
the aforesaid vehicle in order to for me to avoid liability to the owner of the same;
IN WITNESS WHEREOF, I have hereunto affixed my signature this _______________ at
Butuan City, Philippines.

JOEL M. SAMOYA
Affiant
Barangay LGU ID No. 160206010-02

SUBSCRIBED AND SWORN to before me this ____________________ at Butuan City,

Philippines. I hereby certify that I have personally examined the affiant and I am satisfied that
he voluntarily executed the foregoing affidavit and understood its contents.
Republic of the Philippines )
City of Butuan ) S.S.

AFFIDAVIT

I, SWEET ROSEJEAN B. CARDINES, of legal age, Filipino, married, and a resident of Brgy.
Sangay, Kitcharao, Agusan del Norte, Philippines, after being sworn according to law, hereby
depose and say:

1. That I am the niece of Joel M. Samoya, he being the first cousin of my mother;

2. That I have requested my said uncle to drive me and my companions from Kitcharao,
Agusan del Norte to Cagayan de Oro City on March 22, 2019 using the Toyota van with Plate No.
ACU 6575 which I borrowed from my friend, Lucila Montes, in order for us to take the LET exam;

3. That me and my companions were non-paying passengers of the said van, but I
collected everyone the amount of P1,100.00 each, as per our previous agreement, in order to
cover our hotel accommodation in Cagayan de Oro City;

4. That the van and the services of the driver were fully gratis or gratuitous;

5. That I execute this affidavit for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto affixed my signature this _______________ at

Butuan City, Philippines.

SWEET ROSEJEAN B. CARDINES

Affiant
PhilHealth ID No. 18-025251980-5

SUBSCRIBED AND SWORN to before me this ____________________ at Butuan City,

Philippines.
Republic of the Philippines )
City of Butuan ) S.S.

JOINT AFFIDAVIT

WE, REYZALYN M. ABOY, of legal age, Filipino, single, and a resident of Brgy. Sangay,
Kitcharao, Agusan del Norte, Philippines, and GENELYN F. CATAMORA, of legal age, Filipino,
single, and a resident of Brgy. Sangay, Kitcharao, Agusan del Norte, Philippines, after being
sworn according to law, hereby depose and say:

1. That we are two of the passengers of the Toyata van with Plate No. ACU 6575 on
March 22, 2019 as we were heading to Cagayan de Oro City to take the LET exam for teachers;

2 That when we were in the vicinity of Nasipit, Agusan del Norte, the said van was
apprehended for alleged colorum violation;

3. That it is not true that any or all the passengers were paying for their fare in riding the
said van. The truth of the matter is that we were riding it for free and that the P1,100.00
collected from us by Sweet Rosejean B. Cardines, was for our hotel accommodation and other
expenses in Cagayan de Oro City;

4. That we execute this joint affidavit to attest the veracity of the foregoing for whatever
legal purpose it may serve.

IN WITNESS WHEREOF, we have hereunto affixed our signatures this _______________

at Butuan City, Philippines.

REYZALYN M. ABOY GENELYN F. CATAMORA

Affiant Affiant
Kitcharao LGU ID No. 160 PhilHealth ID No. 18-201282799-8

SUBSCRIBED AND SWORN to before me this ___________________ at Butuan City,

Philippines.
Republic of the Philippines )
City of Butuan ) S.S.

AFFIDAVIT OF CONTEST

I, JOEL M. SAMOYA, of legal age, Filipino, married, and a resident of Brgy. Sangay,
Kitcharao, Agusan del Norte, Philippines, after being sworn according to law, hereby depose and
say:

1. That I am the owner of the private Hyundai van 2009 bearing Plate No. KGF 454 which
was apprehended by LTFRB personnel on March 22, 2019 in National Highway, Triangulo,
Nasipit, Agusan del Norte for allegedly engaging in colorum activity. Attached hereto as Annex
“A” is the Deed of Sale showing my ownership of the said vehicle;

2. That my niece, Sweet Rosejean Bonite Cardines, asked me to let her use the said
vehicle in going to Cagayan de Oro on the aforesaid date for her and her companions to take the
LET exam for teachers;

3. That because of my desire for my said niece to take and pass the LET exam, I agreed to
let her use the said vehicle for free. None of the passengers in the said vehicle on the day of the
apprehension is paying any fare for the ride to Cagayan de Oro City;

4. That I am executing this affidavit to dispute or contest the aforesaid apprehension of

my vehicle pursuant to Joint Administrative Order No. 2014-01 of the Department of
Transportation and Communication (DOTC) based on the following grounds, to wit:

4.1 All the passengers are non-paying as they merely take advantage of
the occasion of our travel to Cagayan de Oro City. Neither I nor the driver
collected any amount from anyone of them, and the amount of P1,100.00 which
was noted in the impounding receipt was actually collected by my niece for their
hotel accommodation and other expenses in Cagayan de Oro City;

4.2 I was merely allowing my niece to use the said vehicle for free in going
to Cagayan de Oro City.

5. That from the above-mentioned circumstances, it is clear that I did not commit the
“Colorum violation” as alleged by the apprehending officers;

6. That to support my contest to the said apprehension, I am attaching hereto the

affidavit of one of the passengers, Clair Acedera, as Annex “B” hereof;

7. That I hereby appeal on humanitarian grounds to the Regional Director of the

Department of Land Transportation and Communication (DOTC), the Land Transportation Office
(LTO), and the Chairman of Land Transportation Franchising Regulatory Board (LTFRB) to release
my aforesaid vehicle so that I can continue using the same for family purpose;
 IN WITNESS WHEREOF, I have hereunto affixed my signature this _______________ at
Butuan City, Philippines.

JOEL M. SAMOYA
Affiant
Barangay LGU ID No. 160206010-02

SUBSCRIBED AND SWORN to before me this ____________________ at Butuan City,

Philippines. I hereby certify that I have personally examined the affiant and I am satisfied that
he voluntarily executed the foregoing affidavit and understood its contents.
Republic of the Philippines )
City of Butuan ) S.S.

AFFIDAVIT

I, CLAIR O. ACEDERA, of legal age, Filipino, single, and a resident of Cantugas, Mainit,
Surigao del Norte, Philippines, after being sworn according to law, hereby depose and say:

1. That I am one of the passengers of the Hyundai van with Plate No. KGF 454 on March
22, 2019 when the said van was apprehended by LTFRB personnel in Nasipit, Agusan del Norte;

2. That I and all the other passengers were on our way to Cagayan de Oro City at that
time to take the LET exam for teachers;

3. That the said was only lent to us for free as the owner is the uncle of one of the LET
takers for free and none of us have paid for the van or for the services of the driver;

4. That the amount of P1,100,00 mentioned in the impounding receipt was actually
collected from each of us by Sweet Rosejean Cardines for our hotel accommodation in Cagayan
de Oro City;

5. That I execute this affidavit to attest the veracity of the foregoing for whatever legal
purpose it may serve.

IN WITNESS WHEREOF, I have hereunto affixed my signature this _______________ at

Butuan City, Philippines.

CLAIR O. ACEDERA
Affiant
__________________________

SUBSCRIBED AND SWORN to before me this ____________________ at Butuan City,

Philippines.
 March 27, 2019

THE REGIONAL DIRECTOR

DOTC – Caraga Region
Butuan City

GREETINGS:

I am the owner of the Hyundai van with Plate No. KGF-454 and at the same I was the
authorized driver of the Toyota van with Plate No. ACU 6575. Both vehicles were apprehended
simultaneously on March 22, 2019 in Nasipit, Agusan del Norte for alleged colorum violation.

I am intending to contest the apprehension of the said vehicles but due to the non-
availability of my witnesses, I could not submit my Affidavit of Contest within five (5) days from
the apprehension.

In this regard, I am respectfully asking for additional time to file my Affidavit of Contest
and the affidavits of my witnesses until March 29, 2019.

I am hoping for a favorable action to my request.

Thank you.

Truly yours,

JOEL M. SAMOYA
Brgy. Sangay, Kitcharao
Agusan del Norte
 Republic of the Philippines
DEPARTMENT OF TRANSPORTATION
CARAGA REGIONAL OFFICE
J. Rosales Ave., Butuan City

DOTr Caraga Anti-Colorum Task Force

Rep. by Maria Kristina E. Cassion IRMV No. 014406
(Task Force Chief),
Complainant, For: Colorum Violation

-versus-

JOEL M. SAMOYA, ET AL.,

Respondents.
x------------------------------------------------/

DOTr Caraga Anti-Colorum Task Force

Rep. by Maria Kristina E. Cassion IRMV No. 014357
(Task Force Chief),
Complainant, For: Colorum Violation

-versus-

JOEL M. SAMOYA, ET AL.,

Respondents.
x------------------------------------------------/

OMNIBUS MOTION
FOR RECONSIDERATION

RESPONDENT JOEL M. SAMOYA, unto this Honorable Office, respectfully states:

1. That on June 14, 2019, he received a copy of the resolutions in both cases all dated 27
May 2019;

2. That in both resolutions this Honorable Office finds the respondent liable for violating
DOTC Joint Administrative Order No. 2014-01 (IV, 1. a.), and imposed on them the payment for
the release of each subject van, the amount of P200,000.00 plus impounding and storage fee, and
computerization fee;

3. That in arriving at such decision this Honorable Office mainly relied on the rule of
presumption of regularity of official acts which has been held as a mere rule of evidence which
will never be stronger than the constitutionally-enshrined presumption of innocence1;

4. That it is humbly submitted that the presumption of regularity of the acts of the
arresting officers has been negated by a stronger evidence presented by the respondent herein
which casts doubt on such regularity of the performance of their duty;

1 People vs. Segundo, G.R. No. 205614, July 26, 2017

 5. That in the Position Paper, the complainant alleged to have interviewed the passenger
who answered that they paid the amount of P1,100 covering the trip to Cagayan de Oro and the
return trip. However, it is easy to deduce that the arresting officers even failed to get the names
of the passengers who provided them with such statements. Much more, there was no passenger
who signed and provided such statements to the arresting officers. On the other hand, the
respondent has submitted sworn statements of some of the passengers who positively stated,
under oath, that the P1,100.00 was for their hotel accommodation and the same was given by
them to one of their co-LET taker, Sweet Rosejean B. Cardines, and not to the driver of the van.
In fact, the arresting officers did not recover any fare money from the driver;

6. That even the position papers of the complainant could not be given more weight than
the sworn statement of the witnesses of the respondent because said position papers were not
under oath. In other words, the complainant did not subscribed the position papers before an
authorized officer or notary public;

7. That the conjecture in the two resolutions that it is impossible that a group of people
shall be given a free ride to Cagayan de Oro and back is not supported with an iota of evidence.
As such, the same could not hold water, especially that the same was sufficiently explained in the
sworn statement of Sweet Rosejean B. Cardines that she is the niece of respondent Samoya and
she was the one who requested his said uncle to drive them to Cagayan de Oro City for them to
take the LET exam using the van which she borrowed from her friend. From such statement, it
could be surmised that the respondent was motivation is his love to his niece rather than money.
Is it always all about money? Is it not possible for someone, nowadays, to help others, without
monetary consideration?

8. That if it is true that the passengers have given money as their fare, where is that
money? It is hereby humbly submitted that without the money which constitute the fare given by
the passengers, the allegation that the respondent or the subject vans were engaged in colorum
activities.

WHEREFORE, in view of the foregoing, it is hereby respectfully prayed of this

Honorable Office to reconsider the two aforesaid resolutions and to dismiss the two above-
entitled cases.

RESPECTFULLY SUBMITTED.

Butuan City, Philippines, 17 June 2019.

JOEL M. SAMOYA
Respondent

SUBSCRIBED AND SWORN to before me this 17 th day of June 2019 at Butuan City,
Philippines. Affiant Joel M. Samoya exhibited to me his Barangay LGU ID No. 160206010-02.