Republic of the Philippines

Regional Trial Court

7th Judicial Region
Branch 6, Cebu City

PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO. M-CEB-19-02623-CR

Plaintiff.

For: Violation of Sec 5 in

relation to Sec 12 (c) of RA
10586 [Anti-Drunk and
Drugged Driving Act 2013]
-vs -

JAN MICHEAL,
Accused.
X-------------------/

INFORMATION

The undersigned accused JAN MICHEAL for violation of Sec 5 of RA 10586, the Anti-Drunk
and Drugged Act of 2013, Committed as follows:

That on the 22nd of May 2019, at around 5:50 o’clock in the morning, more or less along
Gorordo and within the jurisdiction of this Honorable Court, the above-mentioned accused did
then and there feloniously, recklessly, negligently, carelessly and imprudently drives under the
influence of alcohol a motorcycle, YAMAHA MIO MXI with a temporary plate 0701-0032995
registered in the name of certain JEYWARD and with a back rider, GRAHAM without due regard
to the traffic rules and road markings overtakes another vehicle which by in such act hit
another motorcycle, HONDA WAVE 100 bearing a plate # 9291 QR owned and driven by CRISPIN
and with a back rider his son JOSEPH CHRIS who was traversing in opposing and proper lane and
due to the impact of collision causing the damage to the motorcycle and inflicting serious
injuries to CRISPIN whom was declared dead on arrival and JOSEPH CHRIS after few hours
same was likewise declared dead by the attending physician at Vicente Sotto Memorial Medical
Center.

CONTRARY TO LAW
Cebu City, Philippines, May 24, 2019

JACOB BANCALE
Prosecutor II
MCLE Compliance 123456
Valid until 2021
WITNESSES:

1. Josephine - private complainant, Lahug Cebu City

2. PSSG Anilo Limalima
3. T/E Gregorio Lidarna
4. Dra. Purann Marie Cuadra
5. And others
- PNP – TMG, CCPO Camp Sotero, Cebu
City
- Sitio Bakilid, Camputhaw, Cebu City
- Cebu City Medical Center

ADDRESS OF THE ACCUSED - Uytengso Drive Urgello St., Sambag I,

Cebu City

BAIL BOND RECOMMENDED - P 200,000.00

CERTIFICATION

I hereby certify that the foregoing is filed pursuant to Sec 7 of Rule of Criminal Procedure
as amended, the accused not having opted pursuant to Art 125 of RPC; that on the basis of the
sworn statements and evidences submitted, there exist a reasonable ground to believe that the
crime has been committed and that the accused is probable guilty thereof. I further certify that
this Information is being filed with prior authority by the Chief City Prosecutor.

JACOB BANCALE
Prosecutor II

Subscribed and Sworn to before me this 24th day of May 2019 at Cebu City, Philippines.

ZYSHAN NAIN CASTELLANO

Notary Public

APPROVED:

JIGGERS GEVEROLA
City Prosecutor
MCLE Compliance No. 67891
Valid until 2021

Republic of the Philippines

National Police Commission
 PHILIPPINE NATIONAL POLICE
Cebu City Police Office – Station 2
Osmeňa Boulevard, Cebu City

For: JIGGERS GEVEROLA

Honorable Chief City Prosecutor
Cebu City Prosecutor Office
Police of Justice, Capitol Cebu City

24 May 2019

Greetings!! !

The undersigned respectfully filed unto your office a criminal complaint against JAN
MICHEAL a resident of Uytengso Drive Urgello, Sambag I, Cebu City for violation of Sec 5 RA
10586 [Anti-Drunk and Drugged Act of 2013] which resulted to Damage to Property and Double
Homicide.

Suspect is detained

Attached are the follows, to wit:

1. Judicial Affidavit of Complaint - Josephine

2. Affidavit of Arrest
3. Police Report
4. Certificate of Alcohol test
5. Death Certificate of the victims
6. And others.

Anticipating your favorable action relative to the herein complaint as we prayed for.

PMG Noel A. Balicaňo

Investigator of the Case

ENDORSEMENT
 OFFICE OF ABELLANA POLICE STATION – 2 CCPO

The undersigned respectfully forwarded to the Cebu City Prosecutors Office, Hall
of Justice, Capitol Site, Cebu City the herein criminal complaint for proper evaluation and
disposition of said case.

Approved for filing.

Edward Sanchez
Police Major
Station Commander Police Station 2
CCPO

Republic of the Philippines )

City of Cebu ) s. s.
 JUDICIAL AFFIDAVIT OF COMPLAINT

The testimony of JOSEPHINE is offered to prove as follows, to wit:

1. She is testifying in the vernacular and will be translated and recorded herein in English and
Visayan.
2. She is the legal wife and heir of CRISPIN and mother of JOSEPH CHRIS, the victims who
untimely demised and died due to or as result of vehicular accident proximately with the
unlawful, imprudent and reckless act of JAN MICHEAL driving a motorcycle under the
influence of liquor.
3. She will identify her Judicial Affidavit which shall constitute as direct testimony and the
attached supporting documents including but not limited to witnesses Judicial Affidavit and
other evidences to support the Criminal charges to be filed before the Cebu City Prosecutors
Office
4. She will further testify on the tragic effects on her life and family caused by the death of her
husband and son, CRISPIN and JOSEPH CHRIS respectively, to the damages of his motorcycle
and such other matters related thereto.

I, JOSEPHINE, widow, Filipino and a resident of Sitio Sudlon, Lahug, Cebu

City, Philippines do hereby give this Judicial Affidavit or Statement taken on May 23, 2019

Republic of the Philippines )

City of Cebu ) s. s.
 JOINT AFFIDAVIT OF ARRESTING OFFICERS

We, PSSg Anilo Limalima, PCpl XYZ and PCpl ABC both legal age, resident of Labangon,
Tisa, and Mambaling Cebu City. After having duly sworn to in accordance with law do hereby
depose and aver:
1. That we are bonafide member of Philippine National Police assigned at Traffic
Management Group CCPO, Camp Sotero Cabahug, Cebu City.
2. That we are the designated Miscellaneous Team and on duty as immediate
response unit.
3. That on or about 5:50 o’clock in the morning of May 22, 2019, we received a
call and information regarding a vehicular accident at Gorordo Avenue,
Camputhaw, Cebu City which is only less than one kilometer (1km) from our
office. Thus, we immediately responded.
4. That for more or less five minutes, we arrived in the accident area. We saw the
two damaged motorcycle and two persons with injuries on road.
5. That we also noticed that there was another person being held by the by-
standers and a uniformed member of Cebu City Traffic Office.
6. That PCpl XYZ drew the incident sketch and interviewed the victims and
people on the area. Such sketch is attached in this Affidavit.
7. That PSSg Limalima talked to the uniformed CCTO personnel, Traffic enforcer
(T/E) Gregorio Lidama and the driver of the hitting motorcycle introduced as
JAN MICHEAL which PSSg Limalima observed by actions and smell from the
latter that he was under the influence of liquor.
8. That upon arrival of an ambulance with paramedics who likewise applied first
aid to the victims and transported them to Vicente Sotto Memorial Medical
Center for further treatment.
9. That PCpl ABC recovered the Driver’s Licenses of JAN MICHEAL and of the
victims known to be CRISPIN and the OR/CR of two motorcycles for inventory
purposes.
10. That we brought JAN MICHEAL to Cebu City Medical Center (CCMC) for an
Alcohol test which yielded positive result as certified by Dra. PURANN
CUADRA.
11. That we immediately institutes the arrest of accused JAN MICHEAL on
violation of RA 10586 known as Anti-Drunk and Drugged Driving Act, we
informed his rights as provided by law.
12. That we brought the accused to the Abellana Police Station (Station-2) –CCPO
for temporary detention and proper case disposition and action taken.
13. That we turn-over and inventoried the evidences and the motorcycles
involved in the incident.
14. That we executed this affidavit in order to establish the veracity of the
foregoing facts and to support the filing of criminal complaint against the
suspect in the Court of law;
IN WITNESS HEREOF, we here to affixed our signature this _____day of May 2019
at CEBU CITY, Philippines.

PSSg. ANILO LIMALIMA

Arresting officer

PCpl. X Y Z PCpl. ABC

Arresting officer Arresting officer

SUBSCRIBED AND SWORN to before me this _____day of May 2019 at CEBU CITY,
Philippines. I hereby Certify that I personally examined the herein affiants and
they really satisfied that they voluntarily executed and fully understood the
contents on this JOINT AFFIDAVIT.

ZYSHAN NAIN CASTELLANO

Notary Public

Republic of the Philippines

Regional Trial Court
7th Judicial Region
 Branch 6, Cebu City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. M-CEB-19-02623-CR

Plaintiff

versus- FOR: : Violation of Sec 5 in

relation to Sec 12 (c) of RA
10586 [Anti-Drunk and
Drugged Driving Act 2013

JAN MICHAEL,

Defendant

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

JUDICIAL AFFIDAVIT

I, JOSEPHINE R., Filipino, of legal age, married to CRISPIN, a resident of Sitio Santo Niño, Sudlon, Lahug,
Cebu City, after having duly sworn to in accordance with the law do hereby depose and say that:

I am the wife of the deceased CRISPIN, Filipino, 62 years old, and the mother of deceased JOSEPH
CRIS, 21 years old, both residents of Sitio Santo Niño, Sudlon, Lahug, Cebu City. Both died in an
incident which happened on May 22, 2019 along Gorordo Avenue, Cebu City.My husband died on
the spot, while my son died the following day.

I am greatly distressed by the loss of my husband whom I rely on for financial support for our
family and my two other younger children.

The death of my husband and son has caused me so much mental anguish, due to the fact that
aside from our few friends and neighbors, we have no other immediate relatives whom we can call
for help in times of need except our relatives in the southernmost part of Tawi-Tawi.

I ask upon this court, the appropriate amount damages, to be imposed against the proper party to
bear upon the losses that me and my other children has sustained.

I am executing this affidavit fully conscious that I do so under oath and that I may be criminally
liable for false testimony or perjury.
 PRELIMINARY STATEMENT

This examination was conducted and supervised by ATTY. MARY CATHERINE BASCAR of ABC LAW FIRM
with address at 123 Bldg., Osmeña Blvd., Cebu City. The questions were drafted in English but was
translated in Cebuano dialect which the affiant fully understands. The purpose of this statement is to
determine the appropriate amount of damages to which the affiant is entitled.

The questions and corresponding answers thereto were as follows:

1. Q: What prompted you to appear here in our office?

A: I came here because I want to ask for your help attorney. I want to be recompensed for the
death of my husband and son.

2 Q: Can you briefly narrate what happened?

A: Yes Attorney. My husband CRISPIN and my son JOSEPH CRIS left the house at around 5:00
o'clock in the morning of May 22, 2019. My husband is on his way to work but first he will be dropping off
our son to his school. My husband works as a Welder in a AAA company whose address is along N.Bacalso
Avenue, Cebu City. My son is a working student at the University of Cebu and now on his fourth year in
the course, BS Education. At around 6:20 o'clock in the morning, I received a call from the police officers
telling me to go to Vicente Sotto Memorial Medical Center, because an vehicular incident happened
involving my husband and my son. I immediately rushed there, and saw the critical condition of my son,
my emotion was aggravated upon knowing the death of my husband, whom I rely on everything for
sustenace.

3. Q: What happened on the following day?

A: At around 2:00 o'clock in the morning, my son JOSEPH CRIS died.

4: Q: How long was your husband working as a welder?

A: For 25 years now attorney.

5: Q: How many children do you have? Who supports them financially?

A: We have 3 children attorney, one is JOSEPH CRIS, 21 y/o, the one who died, one girl
named JOSIE CRIS, 14 y/o and youngest boy child JOEY CRIS, 6 y/o.All of whom relies on their
father for support.

6. Q: What is your job? If any?

A: Since the birth of my second child, I am no longer working and focused on being a
housewife. I also became asthmatic after my previous job in a Milling factory.

7. Q: How dependent are you on your husband?

A: I am very dependent. He pays for our electric and water bills, he gives me money for
food consumption which I use when I buy groceries, the expenses for the education of our
children,and all others, he provides it all.

8. Q: What did you feel after knowing that your husband and your eldest child died in an
instant?
 A: I cry every night attorney. All the death aid, benefit we received both from his
employment, government subsidy,and even financial help from our few friends are insufficient to
pay all the expenses not only the funeral but also my remaining children's daily needs. Only if my
husband was able to retire, we could have used his retirement benefits to start a small sari-sari
store business as what we already planned. My son, who works as a Student assistant and a
scholar was on his 6th year in college, gave me no headache but pride because aside from the
fact that he is a very kind person, he is also a smart student. In fact we pay less than the actual
tuition fee because of his hardwork.

8. Q: Now, what do you want to do?

A: If I can ask the court to help me with my financial needs by reason of the death of my
husband and my son, not only for our distress, but also for the future of my other children.I hope
I can claim an amount which would be enough for me to start a living for my remaining children.

9. Q: Is there any pending case filed before the court?

A: Yes attorney.

10. Q: We can inform the court of your claims, and we will be using this affidavit for
purposes it may serve.Is there anything you want to add to your statement?

A: No more attorney.

END OF STATEMENT.

IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of July 2019 in Cebu City,
Philippines.

JOSEPHINE R.

Affiant

ATTESTATION CLAUSE

I, Atty. Mary Catherine Bascar, hereby attest that the affiant faithfully answered the questions
propounded and the questions were duly interpreted in Cebuano dialect, a language which the affiant
fully understands. The answers were translated in English language. There was no coaching nor
instruction made to affiant on how to answer the questions by me or any other person or persons

MARY CATHERINE BASCAR

Roll no. 7856
IBP No. 89765
MCLE 7856
Republic of the Philippines
Regional Trial Court
7th Judicial Region
Branch 6, Cebu City

JOSEPHINE R. CRIMINAL CASE NO. M-CEB-19-02623-C

 Plaintiff

- versus -
FOR: : Violation of Sec 5 in
relation to Sec 12 (c) of RA
10586 [Anti-Drunk and
Drugged Driving Act 2013

JAN MICHAEL,

Defendant

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

JUDICIAL AFFIDAVIT OF
GREGORIO D. LEDAMA

I, T/E GREGORIO D. LEDAMA, of legal age, male, married, Filipino, resident of Purok 4 Bakilid
Camputhaw, Cebu City, Cebu, currently working as traffic enforcer and assigned at the Cebu City
Traffic Office:

This Judicial Affidavit is offered to prove that:

a. The accused Jan Michael while driving a motorcycle negligently and wrongfully
counter flowed upon overtaking a jitney while traversing Gorordo Avenue in Cebu City
causing a collision with another motorcycle driven by Crispin with back rider Joseph
Chris and resulted to the death of both Crispin and Joseph Chris.

The person examining me is Prosecutor John F. Doe with office address at Regional Prosecutor’s
Office 101 Bldg. Colon St., Cebu City, Cebu. The examination was being held at the same address.
I am answering his question fully conscious that I do so under oath and may face criminal liability
for false testimony and perjury. The following are the questions propounded by Prosecutor John
Doe and my respective answers numbered consecutively:

1. Q: Do you swear to tell the truth and nothing but the truth?
A: Yes, I do.

2. Q: Please state your name, age, civil status, nationality, address, and current occupation.
A: I, T/E GREGORIO D. LEDAMA, of legal age, male, married, Filipino, resident of Purok 4
Bakilid Camputhaw, Cebu City, Cebu, currently working as traffic enforcer and assigned at
the Cebu City Traffic Office.

3. Q: What prompted you to appear in our office?

A: I came here in order to give my testimony as the eyewitness of the criminal charge of
_______________________________________________________ filed against JAN
MICHAEL being the driver responsible for the death of the two victims namely CRISPIN
and JOSEPH CHRIS, both of legal age, male, Filipinos, and residents of Sitio Santo Nino
Sudlon, Lahug, Cebu City, Cebu.

4. Q: Have you personally known the person of the accused?

A: Yes Sir, he is JAN MICHAEL, 22 years old, male, single, Filipino, a resident of Uytengsu
Drive Urgello Sambag 1, Cebu City.

5. Q: How were you able to know him?

A: I was able to know him because right after the incident I personally asked his name
and even ask his Identification Cards (ID’s) for purposes of recording.
 6. Q: Where and when did this incident happen?
A: On or about 5:50am of May 22, 2019 along Gorordo Avenue, Cebu City, Cebu, Sir.

7. Q: Where you able to identify the motorcycle driven by the accused?

A: It was Yamaha Mio MXI with plate number 0701-0032995, sir.

8. Q: Could you narrate to what really happened on that day?

A: During that day sir and on such particular hour, as my usual daily routine on working
days, I was in Gorordo Avenue waiting for a ride for work. Being a traffic enforcer I am
really a very keen observer of the traffic and of the attitude of every driver on street even
if I am not on duty. It is may be because I have indeed imbibed and internalized the
nature and characteristic of what a traffic officer should be. In fact, upon merely
observing on how a driver drives I can be able to recognize if such driver is either a new
driver or under the influence of liquor.
In this case sir, my attention was already caught when I saw the accused with his
backrider approaching. First, I have observed that the way he drove was a little bit shaky.
Second, he pulled his throttle indiscriminately causing the motorcycle to produce loud
and bothering sound. When the accused was already close to my location he
maneuvered in order to overtake a jitney incautiously, he merely maneuvered without
even bothering to diligently make sure that the road of both sides are free from any
obstruction. Nonetheless, while in the process of overtaking the jitney, he eventually
counter flowed on the opposite side of the road. As a result, accused collided with
another vehicle traversing the opposite side of the road which was driven by victims
Crispin with his back rider Joseph Chris.

9. Q: Then what happened next?

A: I saw both parties being overthrown from their respective motorcycles and were laid
down the road. Instinctively, I immediately assisted in securing the area while manning
the flow of traffic. I also directly called our main office to communicate with other
concerned agencies like the PNP and ERT for assistance. When the Police and the
ambulance arrived all of them were immediately treated or given first aid and then
brought to the hospital.

10. Q: What have you observed with the accused if any.

A: Basing my experience and training, I could say sir that the accused was under the
influence of liquor.

11. Q: As this moment, the prosecutor has no more questions to ask, do you have anything to
act or retract?
A: There is none sir.

12. Q: Are you willing to sign your sworn statement consisting of two (2) pages?
A: Yes sir.

TO THE TRUTH OF THE FORGOING, I have hereunto set my hand this 25st day of May in
Cebu City, Cebu, Philippines.

GREGORIO D. LEDAMA
Affiant

SUBSCRIBED AND SWORN TO before me in the City of Cebu on this 25st day of May 2019,
affiant exhibiting before me his Security Agency ID. 2567389 issued on February 2019 at Maya
Security Agency Main Office, Carbon, Cebu City, I certify that I personally examine the herein
affiant that he voluntarily executed and fully understood his statements.
 ALEX DEXTER CALUNGSOD
Notary Public
Until: 2023
PTR: 158-203-4259
Issued at: Cebu City
On: January 2018

Doc. No. 10
Page No. 8
Book No. 8
Series of 2019

ATTESTATION

I, Prosecutor John F. Doe with office address at Regional Prosecutor’s Office 101 Bldg.
Colon St., Cebu City, Cebu, on my oath as Public Prosecutor of the City of Cebu, hereby depose
and states that:

That I have personally conducted the foregoing examination to the witness NESTOR M.
SUMALPONG at Regional Prosecutor’s Office 101 Bldg. Colon St., Cebu City, Cebu;

That I have faithfully recorded and translated into English language the questions asked
of him and the corresponding answers that he gave in response to the questions asked;

Neither I nor any other person/s coached this witness regarding the answers given by
him.

IN WITNESS WHEREOF, I hereunto set my hand below this 25st day of May, 2019 at the
Regional Prosecutor’s Office 101 Bldg. Colon St., Cebu City, Cebu.

JACOB BANCALE
Prosecutor

SUBSCRIBED AND SWORN TO before me in the City of Cebu on this 25st day of May 2019,
affiant exhibiting before me his Tax Declaration No. 2678576 issued on January 2019 at Cebu
City, I certify that I personally examine the herein affiant that he voluntarily executed and fully
understood his statements.

ALEX DEXTER CALUNGSOD

Notary Public
Until: 2023
PTR: 158-203-4259
 Issued at: Cebu City
On: January 2018

Doc. No. 12
Page No. 8
Book No. 8
Series of 2019

Republic of the Philippines

Regional Trial Court
7th Judicial Region
Branch 6, Cebu City

JOSEPHINE R. CRIMINAL CASE NO. M-CEB-19-02623-C

 Plaintiff

- versus -
FOR: : Violation of Sec 5 in
relation to Sec 12 (c) of RA
10586 [Anti-Drunk and
Drugged Driving Act 2013

JAN MICHAEL,
Defendant
x---------------------------------------------------------x

JUDICIAL AFFIDAVIT OF ARRESTING OFFICER

PSSg ARNILO EYAC LIMALIMA

I. PRELIMINARY INFORMATION.
A. NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.

Name : PSSg ARNILO EYAC LIMALIMA

Age : Legal age;
Address : Upper Santa Ana, Labangon, Cebu City;
Occupation : Police Officer;
Language : English and Tagalog.
B. LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINA TION OF THE WITNESS.

Name : Prosecutor II MARIO LEY R. GIDAYAWAN

Address : Office of the City Prosecutor, Hall of Justice, Capitol Cebu City.
Place of Examination : Office of the City Prosecutor, Hall of Justice, Capitol Cebu City.

II. OFFER.

The testimony of the witness PSSg ARNILO EYAC LIMALIMA is being offered to prove that he
is the arresting officer to the above-captioned criminal case, the traffic sketch was conducted in
the crime scene and the suspect voluntarily surrendered to the arresting officer:

III. JUDICIAL AFFIDAVIT PROPER.

I, PSSg ARNILO EYAC LIMALIMA, Legal age, married, Filipino, and residing at Upper Santa Ana,
Labangon, Cebu City, under oath, depose:

1. Q – Please state your name, age, residence, and occupation of the witness.

A – I am PSSg ARNILO EYAC LIMALIMA, Legal age, married, residing at Upper Santa Ana,
Labangon, Cebu City, and a Police Officer presently assigned at Traffic Group, Cebu
City Police Office, Sir.

2. Q- For the record, please state the name and address of the Lawyer who is now
conducting or supervising your examination and the place where the examination
is being held now?
 A – Prosecutor II MARIO LEY R. GIDAYAWAN, is conducting or supervising my examination
now at Office of the City Prosecutor, Hall of Justice, Capitol Cebu City.

3. Q – Do you undertake to answer the questions to be asked of you, fully conscious that
you will do so under oath, and that you may face criminal liability for false testimony
or perjury?

A- Yes, Sir.

4. Q- Why are you here now?

A – To give a sworn statement by way of a judicial affidavit, the same to constitute as my

direct testimony being the arresting officer in the above-captioned criminal case
against the driver JAN MICHEAL DELA PEÑA responsible for the death of two victims
namely CRISPIN CALMA and JOSEPH CHRIS CALMA.

5. Q- Did you personally know the suspect?

A- Yes Sir, He is JAN MICHAEL UNGAB DELA PEÑA, 22 years old, male, single, Filipino, a
resident at Uytengsu Drive Urgello Sambag 1, Cebu City, a driver of Yamaha Mio MXI
with plate no.0701-0032995, Sir.

6. Q- How did you know him?

A- I know him because he voluntarily surrendered to us right after the vehicular
accident and gave his Driver’s License, Sir.

.
7. Q- Will you please narrate to me the surrounding facts and circumstances relative to
the incident?

A- During that time, I, PSSg ARNILO EYAC LIMALIMA was in the office at Traffic Group
when the Traffic Central called me to respond a vehicular accident that transpired at
Gorordo Avenue. I immediately responded and went to the area where I saw two
damaged motorcycles on the crime scene. There were four persons involved in the
incident that were already given first aid treatment inside the ambulance, three of
them were in critical condition. One of them was identified as JAN MICHAEL UNGAB
DELA PEÑA, the driver of the motorcycle which was hold by T/E GREGORIO D.
LEDAMA, a Traffic Enforcer who personally saw the incident. That according to him,
JAN MICHAEL UNGAB DELA PEÑA was driving a motorcycle Yamaha Mio MXI with
plate no.0701-0032995 with a back rider identified as GRAHAM ALOLOD, that they
counter flow and tried to overtake a certain jitney but suddenly collided to a
motorcycle driven by CRISPIN P. CALMA with a back rider identified as JOSEPH CHRIS
CALMA. Due to the impact, both party fall on the road pavement causing them
serious injuries. While being treated inside the ambulance, JAN MICHAEL UNGAB
DELA PEÑA voluntarily surrendered to us, afterwards brought to the Cebu City
Medical Center.

8. Q- Where and when did this incident happen?

A At About 5:50 AM of May 22, 2019 along Gorordo Avenue, this city, Sir.

Q- What did you do after?

A- I started to do the sketching and after I finished it, I immediately proceeded to Cebu
City Medical Center for the liquor test of the suspect and it turns out to be positive
result in alcohol content based on the Medical Certificate issued by Physician Dr. Pura-
ann Marie Alcazaren Cuadra.

9. Q- What happened next?

 10. A- Later, I learned that the driver of other motorcycle CRISPIN P. CALMA was dead on
arrival and his back rider JOSEPH CHRIS CALMA died after few hours as declared by
their attending physicians.

11. Q- I have nothing more to ask, do you still have something more to say or backtrack from
your previous statements?

A- None, but if there are any inquiries not stated in this affidavit we are willing to answer
during the trial.

12 . Q- Are you willing to sign in your statements?

A- Yes, Sir;

End of Statements.

IN WITNESS WHEREOF, We have hereunto affixed our signature this _____day of

July 2019 at Cebu City, Philippines.

PSSg ARNILO EYAC LIMALIMA

(Affiant)

SUBSCRIBED AND SWORN to before me this ________ day of July 2019, at Cebu City,
Philippines. I hereby certify that I have personally examined the herein affiant and that I am fully
convinced that he executed this Affidavit voluntarily and clearly understood the contents hereof.

JAYSON ARANDIA
Notary Public

Doc. No. 67849

Page No. 67
Book No. 3
Series of 2019.

Republic of the Philippines

Regional Trial Court
7th Judicial Region
Branch 6, Cebu City

JOSEPHINE R. CRIMINAL CASE NO. M-CEB-19-02623-C

Plaintiff
 - versus -
FOR: : Violation of Sec 5 in
relation to Sec 12 (c) of RA
10586 [Anti-Drunk and
Drugged Driving Act 2013

JAN MICHAEL,
Defendant

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

JUDICIAL AFFIDAVIT OF PHYSICIAN

Dr. Pura-Ann Marie Cuadra, (Witness)

I, Pura-Ann Marie Cuadra, of legal age, married, Filipino and a resident of Sambag 1 Cebu
City, Philippines, under oath respectfully state that:
My examination as the witness in the above entitled complaint was conducted and taken
under the supervision of my counsel Atty. Agatha Yola A. Bayocboc at law office located at Cebu
Business Park, Keppel Building 12th floor Room No.102.
I. Preliminary Questions:
1. Question: Good morning Mrs. Cuadra, I would like to inform you that you are under
oath and any falsity of your statements may render you liable for perjury, do you fully
understand Madam?
Answer: Yes, I do.
II. Examination Proper
2. Question: Madam, do you know why you are here today?
Answer: Yes, I am here to testify the result of the liquor test of one named Mr. Jan
Michael whose test was conducted at Cebu City Medical Center.
3. Question: Can you give a valid identification showing that you are authorized to
conduct such test.
Answer: Here is my I.D. issued by the PRC, I.D. No. 112233 and I will attach this to prove
that I am indeed authorized to conduct such examination and test.
(The counsel identified the witness Identification card showing her as a Physician Doctor of Cebu
City Medical Center. Marked as ‘’Annex A”.)

4. Question: Can you narrate to us what happened?

Answer: In the morning of May 22, 2019, a person named Jan Michael, was brought to
my office at Cebu City Medical Center to undergone a liquor test, in pursuant to that I personally
conducted such test with the named person who resulted positive thereof.
5. Question: Can you tell us the meaning of such result?
 Answer: This means that at the time of the vehicular accident Mr. Jan Michael was under
the influence of alcohol.
6. Question: What did you do after Madam?
Answer: I personally handed the authenticated result of the test to the requesting officer.
7. Question: Can you tell us the exact specific alcohol level of the subject and its possible
effects?
Answer: The specific alcohol level of Mr. Jan Michael was .05% BAC. A driver of a private
motor vehicle with a gross vehicle weight not exceeding 4500 kg and which yielded a result of
around .05% BAC shall be a conclusive proof that the said driver was driving under the influence
of alcohol.

Affirmation
Question: Do you affirm the truth of the foregoing statement in answer to the question
provided upon you by the lawyer conducting the questions and that you have not been coached
by the lawyer on what to say?
Answer: Yes, I hereby affirm the truth of all the statements and further declare that I have
not been coached by the lawyer.

IN WITNESS WHEREOF, I hereunto set my signature this 29th of July 219 at Cebu City
Philippines.

DR. PURA-ANN MARIE CUADRA

Affiant

SUBSCRIBED AND SWORN to before me this ________ day of July 2019, at Cebu City,
Philippines affiant showing her Physician I.D No. 112233. I hereby certify that I have personally
examined the herein affiant and that I am fully convinced that he executed this Affidavit
voluntarily and clearly understood the contents hereof.

AGATHA BAYOCBOC
Notary Public

Doc. No. 67849

Page No. 67
Book No. 3
Series of 2019.