Paula Bianca B.

Eguia JD-IV

FORMAL OFFER OF TESTIMONY:

I am respectfully appearing for the plaintiff your honor. Good morning your honor. I offer your
honor the testimony of W to establish and prove that Mr. Z, the indentified driver of the subject Pajero
who collided with a motorcycle, has in fact caused damage to Y and P and that it resulted to the death of
Y. That would be the substance of the testimony of the witness your honor and he will also testify on
other facts germane to the issue of the case your honor. Thank you your honor.

DIRECT TESTIMONY:

Q: Good morning, Mr. Witness.

A: Good morning to you too, sir.
Q: Can you tell us your occupation?
A: I am Habal-Habal Driver sir.
Q: How many years have you been a Habal-Habal driver?
A: Almost seven years sir.
Q: Aside from being a driver, what other job do you do?
A: Before I used to work at Lee Plaza during day time, and drive at night but not anymore sir.
Q: Aside from a single motorcycle, what other vehicles can you drive?
A: I also drive pedicab and jeep sir.
Q: Can you tell us how long have you been a pedicab driver?
A: I used to be a pedicab driver for 2 years sir while I was also a Habal-Habal driver.
Q: How about jeep?
A: I only took the job as jeep driver for less than a year.
Q: How much did you earn when you were a pedicab driver?
A: I only earn around 400 pesos a day sir.
Q: How about when you were jeep driver?
A: Only 300 pesos sir.
Q: As a Habal-Habal driver, how much?
A: I earn at least minimum 800 pesos sir. Excluding gasoline expenses.
Q: How many hours do you work in order to earn that 800 pesos minimum?
A: Around 5 to 6 hours sir.
Q: Where do you station to pick up passengers?
A: In the LKS Pharmacy sir in Katipunan Street, also at Friends burger.
Q: Where is that located?
A: Crossing of Dipolog Wet Market sir. Across Mang Inasal Rizal Aveue.
Q: Where you do usually drop off your passengers?
A: Most of the time they are from Turno, Galas and Sta. Filomena. That’s my usual passengers.
Q: How much do you charged for each passenger?
A: It ranges from 20 to 50 pesos depending how far their destination is.
Q: Among those places you mentioned, what is your most usual route?
A: Turno sir since most of my suki live there and because I also live in Turno sir.
Q: Can you tell us what you did on the day of February 15, 2018.
A: First I went to the market in the morning sir to buy fish and vegetables.
Q: What time did you went to the market?
A: Around 6 or 7am sir.
Q: After the market where did you went next?
A: I stopped by a bakeshop to buy some bread sir.
Q: What bakeshop is this?
A: Baron Bakeshop.
Q: Which branch?
A: The one located across the market sir.
Q: After buying bread, where did you went next?
A: I went home sir and ate breakfast.
Q: After that, what did you do next?
A: I took a bath sir then I went out.
Q: Where were you headed?
A: I started working sir, picking up passengers.
Q: Where were you station at that day?
A: At the Friends Burger sir since it was a Saturday and many people are near that area during
weekends.
Q: What time did you started working?
A: Around 9 am sir.
Q: Can you give us a brief detail what did you do the entire day.
A: I was just in the Friends Burger area sir. When a customer approaches me, I then drive them to their
destination. After that, I went back to Friends Burger to wait for another passenger.
Q: In the afternoon, what did you do?
A: We just lounge in the same place because there’s lesser customers in the afternoon.
Q: What time did you start driving in the afternoon?
A: Around 4pm sir.
Q: Why is that?
A: I slept sir.
Q: Where was your destination at that time?
A: Upper Turno sir, I was dropping off one of my suki.
Q: After that, where did you go?
A: I went home sir to eat then I went back to work again.
Q: What time did you leave your house?
A: Around 5pm sir.
Q: After that, what happened next?
A: I was at the crossing sir in Turno.
Q: Where exactly is this crossing, you’re referring to?
A: The one near the seaoil gasoline station crossing sir.
Q: Why did you decide to go there?
A: I was waiting for passengers sir. I also have suki in that area.
Q: While you were waiting, what did you do?
A: I was just looking at the road sir.
Q: What happened next?
A: I saw a Pajero.
Q: Can you describe the Pajero.
A: It was color black sir, heavily tinted and I think it is fairly new model since it looks brand new.
Q: What happened next?
A: The Pajero was speeding fast sir.
Q: How can you say that it was fast?
A: Because I saw it overtaking other vehicles sir.
Q: How far the Pajero was when you first saw it?
A: I think about 100 to 200 meters sir.
Q: After that what happened next.
A: The Pajero was fast sir it did not reduce speed as it was nearing intersection.
Q: And then?
A: After it overtook the grey prado sir, when the Pajero was in the intersection, it hit the motorcycle sir.
Q: What motorcycle did he hit?
A: A blue mio sir.
Q: Can you give us more details of this blue mio mr. witness.
A: It’s a blue mio sir with white and blue stickers on the side of the motor sir.
Q: What else?
A: There were two persons riding the mio sir. There’s a driver and a passenger.
Q: Can you elaborate?
A: The driver was wearing a black full helmet while the passenger is wearing a pink helmet sir.
Q: What was the motorcycle doing before it was hit by the Pajero?
A: The motorcycle was just stopping in the intersection sir.
Q: When the Pajero bumped the motorcycle, what happened?
A: Everything happened so fast sir.
Q: Why?
A: The Pajero was driving fast so when it hit the mio, the motorcycle tumbled sir and was pushed on the
right side of the crossing.
Q: And then?
A: Some parts of the motorcycle was flying sir because of the impact.
Q: What happened to the two passengers?
A: The driver was catapulted sir.
Q: How?
A: When the car hit, it looked like he jumped from his motorcycle. He was thrown at the right side near
the motorcycle.
Q: How about the passenger?
A: The passenger remained in the motorcycle sir as the motorcycle was thrown at the side.
Q: Can you tell us what happened next?
A: The driver and the passenger of the mio was badly hurt sir.
Q: Why?
A: The driver cannot stand up sir. He did not even take off his helmet. He just laid there and I saw blood
in his shirt and jeans. When I approached him and tried talking to him, he was not answering.
Q: What did you do aside from talking to him?
A: I touched his chest and arms sir.
Q: What happened?
A: He did not react when I touched his arm and I did not feel that he is breathing sir.
Q: How about the passenger of mio?
A: She stood up sir but was limping and I also saw blood in her legs and arms.
Q: Did you see where were they injured?
A: The driver has wounds in his arms and legs as well as the passenger has scratches. The driver was
injured in his head as I saw blood dripping coming out from the helmet.
Q: Can you describe what happened after the impact?
A: The Pajero stopped sir.
Q: What happened to the Pajero?
A: There was a dent in the right side of the car sir and the right-side mirror was damaged sir. The right
front seat window and the right side of the front window cracked a little bit sir.
Q: After that what happened next?
A: The driver went out of his car sir and also another person went out in the front seat.
Q: Can you describe them briefly?
A: The driver was a man sir wearing a striped blue polo shirt jeans and white shoes sir. The other person
who came out in the front seat was wearing a black tshirt and shorts and slippers. They were not injured
sir.
Q: What happened when they went out?
A: They first checked the dent in their car sir before they approached the driver and passenger of the
motorcycle.
Q: What happened after?
A: Both of them talked to the driver and passenger asking if they are okay.
Q: What were their responses?
A: The driver was not answering sir while the passenger said her legs hurt.
Q: What were you doing during this time?
A: I also approached them sir to take a closer look what happened that’s why I heard them talking.
Q: After that?
A: I saw the driver of the Pajero calling someone sir. I also called 911 sir to help the passenger and driver
of Mio.
Q: What happened next?
A: After 5 minutes sir, the police and the ambulance arrived. The police took down notes and
interviewed them
Q: What happened to the driver and passenger of mio?
A: The driver and passenger of mio was checked by the medics sir and after that they were taken by the
ambulance.
Q: How about the driver of the Pajero and passenger of Pajero?
A: They were taken by the police sir and rode the police car.
Counsel: No further question, your Honor.