REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region

REGIONAL TRIAL COURT
Quezon City, Branch 45

ALYANA C. DALISAY
Complainant,

-versus- CIVIL CASE NO. 81893

For: Damages based on Quasi-Delict

GERALDINO S. SALAY
Respondent
X-------------------------------X

JUDICIAL AFFIDAVIT

Purpose of the testimony: Defendant, GERALDINO S. SALAY is presenting the

testimony of JAPERT GUAPINGS, to prove that he was neither negligent nor reckless
in driving his vehicle along Jolibee, Greenmeadows at C5 on the fateful night the
accident happened.

JAPERT GUAPINGS, of legal age, Filipino, a Balut Vendor selling his goods
along the parking lot of Jollibee, Greenmeadows, after having been sworn in
accordance with law and fully conscious that I do so under oath and that I may face
criminal liability for false testimony or perjury by way of answers to the questions
propounded to me by Atty. Arthur Archie F. Tiu, with office address at 12th flr., Strata
100 bldg., Ortigas ave., Pasig City, do hereby depose and state:

Q1: Mr. Witness, sinabi niyo po na kayo po ay isang balut vendor, ano po ginagawa
niyo sa lugar na iyon noong August 5, 2018 at 10pm or yung nangyari ang aksidente?

A: Nag bebenta po ako ng balut sa tabi ng Jollibee, dun po kasi talaga ako nag
pwepwesto ng aking tinda simula 6 ng umaga hanggang 10:30 ng gabi kasi madaming
dumadaan na tao.

Q2: Ano po ang inyong unang napansin bago po mangayari ang aksidente?

A: Nag hahanda na po akong umalis sa aking pwesto, may nakita po akong

tumawid na lalake sa ilalim po ng tamang tawiran. Tapos ayun po, may kotse po na
dumaan at nasagasaan po yung tumawid.

Q3: Mabilis po ba ang takbo ng kotse na nakasagasa sa biktima?

A: Hindi naman po, kasing bilis lang din niya po yung ibang mga kotse na
dumadaan po sa C5. Medyo madami po kasi butas sa kalsada po dun kaya po
kadalasan hirap po mag drive mga kotse sa daanan po dun at wala po halos ilaw sa
kalsada.

Q4: Sinabi niyo po na butas, papakita ko po sa inyo ang picture na nakamarka na

Exhibit 2, eto po pa yung daanan na butas butas po at walang ilaw?

A: Opo, yan po yun. Dyan lang po ako sa tabi ng jollibee sa picture na yan
nagbebenta.

Q5: Yung footbridge po ba na pinakita ko po sa inyo sa picture, madalas po ba

ginagamit po ng mga tumatawid papunta po sa Jollibee?

A: Opo ser, Lahat po talaga tumatawid po gamit ang footbridge. Bihira lang po yung
tumatawid na hindi gamit ang footbridge dyan ser.

Q6: Ano po ang ginawa ng driver ng kotse pagkatapos po masagasaan ang biktima?
May napansin ba po kayo na kakaiba sa biktima o sa driver?

A: Bumaba po ang driver ng kotse at nagulat siya na may nasagasaan po siya.

Mukha pong nag mamadali yung driver. Lumapit po ako para tulungan sila pero wala po
lumapit na police o mga enforcers kaya sinakay agad namin sa kotse kasi dadalhin na
daw po niya sa ospital. May kasama din po na babae yung biktima ser pero di na po
sumama sa ospital po. Amoy beer din po yung biktima

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

November 2018 at Quezon City.

JAPERT GUAPINGS
Affiant

SUBCRIBED AND SWORN to before me this ____ day of ______ 2018, at

______, affiants exhibiting to me their respective competent evidences of identity:
JAPERT GUAPINGS, his TIN No. 852476 and ARTHUR ARCHIE TIU, his Driver’s
License No. 874596241, thus satisfactorily having proven their identities to me.

DOC NO: _____

PAGE NO: _____
BOOK NO: _____
SERIES OF 2018

ATTESTATION

I, ATTY. ARTHUR ARCHIE TIU, of legal age, with office address at 12th flr.,
Strata 100 bldg., Ortigas ave., Pasig City, do hereby certify that:

I propounded question to JAPERT GUAPINGS and faithfully recorded or caused

to be recorded the questions I asked and the corresponding answers that JAPERT
GUAPINGS gave, as above stated.

Neither I nor any other person then present or assisting him coached him
regarding the latter’s answers.

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

November 2018 at Quezon City.

ARTHUR ARCHIE TIU

SUBCRIBED AND SWORN to before me this ____ day of ______ 2018, at

______, affiants exhibiting to me their respective competent evidences of identity:
JAPERT GUAPINGS, his TIN No. 852476 and ARTHUR ARCHIE TIU, his Driver’s
License No. 874596241, thus satisfactorily having proven their identities to me.

DOC NO: _____

PAGE NO: _____
BOOK NO: _____
SERIES OF 2018
 REPUBLIC OF THE PHILIPPINES
National Capital Judicial Region
REGIONAL TRIAL COURT
Quezon City, Branch 45

ALYANA C. DALISAY
Complainant,

-versus- CIVIL CASE NO. 81893

For: Damages based on Quasi-Delict

GERALDINO S. SALAY
Respondent
X-------------------------------X

JUDICIAL AFFIDAVIT

Purpose of the testimony: Defendant, GERALDINO S. SALAY is presenting the

testimony of ROCKY HARRY, to testify as to the location of the incident in order to prove that
there are pedestrian bridges connecting both sides of the road; to the physical condition of the
road in order to prove that the defendant could not have possibly driven at such a fast speed as
to be considered negligent; and finally, as to the existence of a Jollibee right beside Eastwood,
much closer to the deceased’s alleged location prior to the incident, in order to prove that the
deceased could not have come from Eastwood as alleged, therefore the veracity of the plaintiff’s
allegations is suspect.

ROCKY HARRY, of legal age, Filipino, an officer of the Metro Manila Development
Authority, stationed at the intersection of C5 and Greenmeadows Avenue, after having been
sworn in accordance with law and fully conscious that I do so under oath and that I may face
criminal liability for false testimony or perjury by way of answers to the questions propounded to
me by Atty. Arthur Archie F. Tiu, with office address at 12th flr., Strata 100 bldg., Ortigas ave.,
Pasig City, do hereby depose and state:

Q1: Mr. Witness, please state your occupation for the court.
A: I am an MMDA officer. I have worked for the MMDA since July 2012.

Q2: Mr. Witness, as an MMDA officer, what are your duties?

A: I am currently part of the Traffic Enforcement Division. I am currently assigned to the C5-
Greenmeadows intersection to enforce traffic rules and regulations and if necessary, to conduct
traffic.

Q3: I am showing you a photograph marked as Exhibit 2. Can you tell me what you see?
A: It is the intersection of C5 and Greenmeadows.

Q4: How do you know this?

A: Because that is where I am assigned. And because I was the one who took the
photograph.

Q5: Can you describe the picture for us?

A: Well, there’s the Jollibee. And this is the pedestrian bridge that crosses C5.
*Witness is pointing towards the picture*
Q6: What if a pedestrian were to cross C5 without using the bridge?
A: That would be dangerous and illegal. They could be cited for jaywalking or worse, get hit
by a vehicle.

Q7: Do the vehicles in this area of C5 usually drive at full speed?

A: Depends on what you mean by full speed.

Q8: Say, more than the maximum speed allowed on the C5?
A: No, not on this particular part of C5.

Q9: What do you mean by “this particular part of C5”?

A: Since this area of C5 is particularly busy, there is a lot of road damage, like pot holes
and cracks. Driving at high speeds would be reckless and result in damage to the vehicle.

Q10: So what is the safest speed for drivers along this stretch of C5?
A: About 50 km/h. Any faster and it would damage the vehicle.

Q11: How do you know that the vehicle will be damaged?

A: I’ve seen it happen to cars before on that intersection. They drive too fast and their
vehicle’s shock absorbers cannot handle the multiple bumps and potholes. The car starts to
move up and down abruptly so the driver has to start slowing down.

Q12: Mr. Witness, I am showing you another photograph, marked as Exhibit 2-A. Please, tell
me what you see.
A: It’s a picture of another Jollibee. Beside a Petron station.

Q13: Do you know this location Mr. Witness?

A: Yes. I took the picture. This is just outside of Eastwood. This is the Petron station where
I gas up my motorcycle. It’s on the northbound side of C5

Q14: Mr Witness, I am showing you a final photograph, marked as Exhibit 2-B. Can you
please tell me what it is?
A: It is a map. To be more precise, it is a screenshot of a map using gps on a phone. It
shows the distance between Eastwood and the Jollibee beside Petron.

Q15: How would you know that?

A: It is a screenshot from my phone, using the gps and satellite imaging.

Q16: How far apart would you say Eastwood and Jollibee are?
A: From Eastwood Avenue, maybe around 400m on foot.

Q17: What about the Greenmeadows Jollibee? How far is it from Eastwood?
A: Much farther. More than a kilometre away.

Q18: Mr. Witness, if I were coming from Eastwood late at night and I wanted Jollibee before
going home northbound, where would I go?
A: To the one at the Petron station. It’s the closest one and you can walk to it. Also since
that Jollibee is on the northbound side of the road, you don’t need to cross, and it’s on the way
home.

Q19: Not to the Greenmeadows Jollibee?

A: No. That’s too far. It makes no sense to go to the one farther away. Plus it’s on the
southbound side of the road.
 IN WITNESS WHEREOF, I have hereunto set my hand this ________ of November
2018 at Quezon City.

ROCKY HARRY
Affiant

SUBCRIBED AND SWORN to before me this ____ day of ______

2018, at ______, affiants exhibiting to me their respective competent evidences of identity:
JAPERT GUAPINGS, his TIN No. 852476 and ARTHUR ARCHIE TIU, his Driver’s License No.
874596241, thus satisfactorily having proven their identities to me.

DOC NO: _____

PAGE NO: _____
BOOK NO: _____
SERIES OF 2018

ATTESTATION

I, ATTY. ARTHUR ARCHIE TIU, of legal age, with office address at 12th flr., Strata 100
bldg., Ortigas ave., Pasig City, do hereby certify that:

I propounded question to JAPERT GUAPINGS and faithfully recorded or caused to be

recorded the questions I asked and the corresponding answers that JAPERT GUAPINGS gave,
as above stated.

Neither I nor any other person then present or assisting him coached him regarding the
latter’s answers.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of November 2018
at Quezon City.

ARTHUR ARCHIE TIU

SUBCRIBED AND SWORN to before me this ____ day of ______ 2018, at ______,
affiants exhibiting to me their respective competent evidences of identity: JAPERT GUAPINGS,
his TIN No. 852476 and ARTHUR ARCHIE TIU, his Driver’s License No. 874596241, thus
satisfactorily having proven their identities to me.

DOC NO: _____

PAGE NO: _____
BOOK NO: _____
SERIES OF 2018
 REPUBLIC OF THE PHILIPPINES
National Capital Judicial Region
REGIONAL TRIAL COURT
Quezon City, Branch 45

ALYANA C. DALISAY
Complainant,

-versus- CIVIL CASE NO. 81893

For: Damages based on Quasi-Delict

GERALDINO S. SALAY
Respondent
X-------------------------------X

JUDICIAL AFFIDAVIT

Purpose of the testimony: Defendant, GERALDINO S. SALAY is presenting the

testimony of GONG BO, to prove that his license was not actually expired on August 5, 2018, or
when the accident happened.

GONG BO, of legal age, Filipino, an officer of the Land Transportation Office in-charge
or printing and managing the license cards and receipts at the LTO Compound, East Ave.,
Quezon City, after having been sworn in accordance with law and fully conscious that I do so
under oath and that I may face criminal liability for false testimony or perjury by way of answers
to the questions propounded to me by Atty. Arthur Archie F. Tiu, with office address at 12th flr.,
Strata 100 bldg., Ortigas ave., Pasig City, do hereby depose and state:

Q1: Mr. Witness, please state your occupation and personal cicumstances?

A: My name is Gong Bo, 45 years of age and Filipino. I’m an officer assigned to the Main
LTO office in East ave., Quezon City. I manage the printing of both cards and receipts for the
main office of LTO for the past 8 years

Q2: by managing the licenses and the receipts, does that mean that you are well versed in
identifying whether or not a license and/or receipt is valid or false?

A: yes, I am very much able to identify the validity or falsity of a driver’s license

Q3: can there be a situation where in a driver can carry an expired driver’s license and still
legally drive?

A: Yes, a driver of a vehicle can drive legally while carrying an expired license so long as
he has already renewed his driver’s license and there is no card available to print his new
license. In that situation, we will issue to him a receipt with the new expiration date and that will
serve as his temporary license until we are able to print him a new physical driver’s license

Q4: I am showing to you a receipt (exhibit 1) that was issued by LTO, are you able to identify
to whom it belongs, the expiration date, and the genuineness of the receipt?

A: Yes, the receipt belongs to Geraldino S. Salay, and the receipt shows an expiry date of
September 22, 2018. The receipt is genuine as shown by the stamp and signature the lower
part of the receipt.

Q5: Since we have established that this is the respondent’s receipt for his license, can the
respondent still drive his vehicle while carrying an expired driver’s license?

A: yes, so long as he has with him such receipt and it was issued to him by our office. It’s a
well known practice here in the Philippines to actually just issue the receipt without the driver’s
license as we have been experiencing a shortage in the materials used to print our licenses

IN WITNESS WHEREOF, I have hereunto set my hand this ________ of November

2018 at Quezon City.

Gong Bo
Affiant

SUBCRIBED AND SWORN to before me this ____ day of ______ 2018, at ______,
affiants exhibiting to me their respective competent evidences of identity: JAPERT GUAPINGS,
his TIN No. 852476 and ARTHUR ARCHIE TIU, his Driver’s License No. 874596241, thus
satisfactorily having proven their identities to me.

DOC NO: _____

PAGE NO: _____
BOOK NO: _____
SERIES OF 2018

ATTESTATION

I, ATTY. ARTHUR ARCHIE TIU, of legal age, with office address at 12th flr., Strata 100
bldg., Ortigas ave., Pasig City, do hereby certify that:

I propounded question to GONG BO and faithfully recorded or caused to be recorded

the questions I asked and the corresponding answers that GONG BO gave, as above stated.

Neither I nor any other person then present or assisting him coached him regarding the
latter’s answers.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of November 2018
at Quezon City.

ARTHUR ARCHIE TIU

SUBCRIBED AND SWORN to before me this ____ day of ______ 2018, at ______,
affiants exhibiting to me their respective competent evidences of identity: GONG BO, his
Driver’s license no.. 5697425 and ARTHUR ARCHIE TIU, his Driver’s License No. 874596241,
thus satisfactorily having proven their identities to me.

DOC NO: _____

PAGE NO: _____
BOOK NO: _____
SERIES OF 2018