Republic of the Philippines )

City of Cagayan de Oro ) Sc.

AFFIDAVIT OF ACCIDENT

I, Police Senior Inspector (PSI) EDWIN BALAGAN, of legal age,

Filipino, married, and a resident of Carmen, Cagayan de Oro City, after
being duly sworn to an oath in accordance with law, do hereby depose
and state that:

1. I am the brother-in-law of one Marlon O. Ong, the latter being a

resident of Kauswagan, Cagayan de Oro City and the registered
owner of one Isuzu Pick-up Truck bearing plate number KCL
249;

2. On May 18, 2005, with the permission and acquiescence of

Marlon Ong, I used and drove the said Isuzu Pick-up Truck
within the vicinity of Cagayan de Oro City;

3. At around 8:00 in the evening, my wife and I, together with one

of our house helps, went to S.M. Cagayan de Oro City to buy
something. On our way home around 8:30 in the evening, as
we were descending the road of Masterson Avenue, Upper
Carmen, Cagayan de Oro City, we were surprised that out of
nowhere there was a loud noise and then a dump truck bumped
the rear right portion of the pick-up truck we were in. The truck
that hit us, bearing plate number GEZ 165, was driven by one
RENATO PACO RASOBLE, and registered under the name of
FILOMENA V. PAMATONG;

4. As a result of the incident, the truck which I was driving incurred

damages, to wit:

A. Damaged tail gate assembly;

B. Damaged tail light assembly;
C. Damaged fiber glass in the tainted carryboy/canopy
assembly;
D. Damaged rear right portion of the scorpion lining of
the cab; and
E. Dented and damaged rear bumper assembly.

5. That upon investigation as to the cause of the incident, I learned

that the truck that Renato P. Rasoble was driving lost control of
the said vehicle when there appeared a malfunction in the
breaks of the said vehicle;

6. On the scene of the incident, just right after the actual impact, I
asked the driver, Renato P. Rasoble, his reason for hitting the
vehicle I was driving instead of the side gutter of the road, which
would have been more prudent for a driver to do given the
circumstances. Renato P. Rasoble answered me by saying that
 he would rather hit the vehicles in front of him rather than to ram
the truck in the side gutter of the road, as he was fearful that it
might endanger his wife and two children, who were on board
the vehicle he was driving at that time;

7. When I consulted Cebu Southern Motors Incorporated regarding

the damages to the truck I was driving, they estimated the total
damage of the pick-up truck to be in the amount of ONE
HUNDRED NINETY-FOUR THOUSAND ONE HUNDRED
FORTY-THREE PESOS (P194,143.00);

8. I am executing this affidavit in order to attest to the foregoing

facts and for whatever legal purposes it may serve.

IN TRUTH WHEREOF, I have hereunto set my hand this 24 th of

May 2005 in the City of Cagayan de Oro, Philippines.

PSI EDWIN BALAGAN

Affiant

SUBSCRIBED AND SWORN to before me, this 24 th day of May

2005, at Cagayan de Oro City, Philippines; affiant personally appeared to
me and exhibited to me his Community Tax Certificate, bearing
No.22384726, issued on February 2, 2005 at Cagayan de Oro City.

MARIA THERESA P. LLAGAS

NOTARY PUBLIC
Until December 31, 2005
PTR No. 8321341 A, 1/3/05
Doc. No. ____ IBP No. 581750, 12/29/04
Page No. ____ CAGAYAN DE ORO CITY
Book No. ____ Roll No. 48890
Series of 2005