Republic of the Philippines National Prosecution Service OFFICE OF THE PROVINCIAL PROSECUTOR Balanga City PEDRO BUHAY Complainant

-versusJUANCHO MAHUSAY Respondent. x-------------------------------x COMPLAINT-AFFIDAVIT I, PEDRO BUHAY, of legal age, single, and with postal and residence number at # 12 Primera St., Capunitan, Orion, Bataan, after having duly sworn in accordance with law, hereby depose and state that: 1. That on or about 11:00 PM of June 10, 2010, JUANCHO MAHUSAY were driving his Blue Honda CRV with plate number WXY-789 along Primera St., Orion, Bataan; 2. That due to reckless and very fast driving, he loses control of the vehicle and hit the gate of our garage damaging my Red Mazda 3 with plate number ABC-123 ; 3. That during the incident, it was proven that he was drunk beyond the legal limit; 4. That I am attaching the medical records in order to prove such fact that JUANCHO MAHUSAY was drunk and the police report of the Orion Municipal Police Station and pictures of the scene after the incident; 5. That the total amount of damage to my gate and my car amounts to Php. 500,000.00 6. That we voluntary executed this complaint for purposes of filing a criminal charges against JUANCHO MAHUSAY. PEDRO BUHAY Affiants SUBSCRIBED AND SWORN to before me this 11th day of June 2010 at City of Balanga. BERTA KULAFU Assistant Provincial Prosecutor IS No. 123456 For Reckless Imprudence Resulting to Damage to Property

Republic of the Philippines National Prosecution Service OFFICE OF THE PROVINCIAL PROSECUTOR Balanga City PEDRO BUHAY Complainant -versusJUANCHO MAHUSAY Respondent. x-------------------------------x COUNTER AFFIDAVIT I, JUANCHO MAHUSAY, of legal age, single, and with postal and residence number at #666, Villa Angeles, Orion, Bataan, after having duly sworn in accordance with law, hereby depose and state that: 1. I stands charge with the above-captioned case; 2. It is true Honda CRV with plate number WXY-789 collided with the gate of the house of a certain PEDRO BUHAY; 3. That it was not true that I am drunk and was driving fast; 4. That the truth of the matter is the gate of the house in front of PEDRO BUHAY suddenly swung open and blocked the lane that Im driving in; 5. That in order to avoid greater injury, I maneuvered the vehicle away but I was unlucky that I hit the gate of PEDRO BUHAY; 6. That, I am attaching the Sworn Affidavit of RIZA HONTEVEROS who was with me inside my car when the accident happened to prove the truth of the allegations herein; 7. That I am executing this affidavit to attest the veracity of facts mentioned above. IS No. 123456 For Reckless Imprudence Resulting to Damage to Property

JUANCHO MAHUSAY Affiant SUBSCRIBED AND SWORN to before me this 14th day of June 2010 at city of Balanga. I likewise certify that I examined the affiant and I am satisfied that the foregoing is executed freely and she/he understood the same.

JULIO VALIENTE Assistant City Prosecutor

Republic of the Philippines National Prosecution Service OFFICE OF THE PROVINCIAL PROSECUTOR Balanga City PEDRO BUHAY Complainant -versusJUANCHO MAHUSAY Respondent. x-------------------------------x REPLY I, PEDRO BUHAY, of legal age, single, and with postal and residence number at # 12 Primera St., Capunitan, Orion, Bataan, after having duly sworn in accordance with law, hereby depose and state that: 1. That I received the Counter Affidavit of JUANCHO MAHUSAY dated June 14, 2010; 2. That it is not true that he is not drunk as can be proven by the medical certificate from the Bataan General Hospital who observed JUANCHO MAHUSAY after the accident; 3. That I am executing this affidavit to attest the veracity of facts mentioned above. IS No. 123456 For Reckless Imprudence Resulting to Damage to Property

PEDRO BUHAY Affiants SUBSCRIBED AND SWORN to before me this 17th day of June 2010 at City of Balanga. BERTA KULAFU Assistant Provincial Prosecutor

Republic of the Philippines National Prosecution Service OFFICE OF THE PROVINCIAL PROSECUTOR Balanga City PEDRO BUHAY Complainant -versusJUANCHO MAHUSAY Respondent. x-------------------------------x REJOINDER I, JUANCHO MAHUSAY, of legal age, single, and with postal and residence number at #666, Villa Angeles, Orion, Bataan, after having duly sworn in accordance with law, hereby depose and state that: 1. That I received the Reply dated June 17, 2010 of PEDRO BUHAY; 2. That I am still contesting the results of the findings of the Bataan General Hospital that I am drunk beyond the legal limits when the alleged crime happened due to the technique used in the examination; 3. That I am attaching the Sworn Statement of DR. JOSE BONIFACIO of the Bataan General Hospital to prove that the system used to verify whether I am drunk beyond the legal limits is only 50% accurate; 4. That I am executing this affidavit to attest the veracity of facts mentioned above. IS No. 123456 For Reckless Imprudence Resulting to Damage to Property

JUANCHO MAHUSAY Affiant SUBSCRIBED AND SWORN to before me this 21ST day of June 2010 at city of Balanga. I likewise certify that I examined the affiant and I am satisfied that the foregoing is executed freely and she/he understood the same.

JULIO VALIENTE Assistant City Prosecutor

Republic of the Philippines National Prosecution Service OFFICE OF THE PROVINCIAL PROSECUTOR Balanga City PEDRO BUHAY Complainant -versusJUANCHO MAHUSAY Respondent. x-------------------------------x SUR REJOINDER I, PEDRO BUHAY, of legal age, single, and with postal and residence number at # 12 Primera St., Capunitan, Orion, Bataan, after having duly sworn in accordance with law, hereby depose and state that: 1. That I received the Counter Affidavit of JUANCHO MAHUSAY dated June 21, 2010; 2. That while the findings of the Bataan General Hospital on whether JUANCHO MAHUSAY was drunk or not, the events that transpired thereafter was still conclusive on the fact that he appears to be incoherent; 3. That I am attaching a Compact Disk containing video footage taken from my cellphone which will show the demeanor of JUANCHO MAHUSAY after the accident to support our thesis that he is indeed drunk; 4. That I am executing this affidavit to attest the veracity of facts mentioned above. IS No. 123456 For Reckless Imprudence Resulting to Damage to Property

PEDRO BUHAY Affiants SUBSCRIBED AND SWORN to before me this 25th day of June 2010 at City of Balanga. BERTA KULAFU Assistant Provincial Prosecutor

Republic of the Philippines National Prosecution Service OFFICE OF THE PROVINCIAL PROSECUTOR Balanga City PEDRO BUHAY Complainant -versusJUANCHO MAHUSAY Respondent. x-------------------------------x RESOLUTION This resolves the complaint filed by PEDRO BUHAY against JUANCHO MAHUSAY for Reckless Imprudence Resulting to Damage to Property. As culled from the records are the following facts: Complainant averred that on or about 11:00 PM of June 10, 2010, JUANCHO MAHUSAY were driving his Blue Honda CRV with plate number WXY-789 along Primera St., Orion, Bataan. Because of the reckless and very fast driving of the Respondent, he loses control of the vehicle and hit the gate of their garage damaging my Red Mazda 3 with plate number ABC-123. Complainant further alleges that during the incident, it was proven that Respondent was drunk beyond the legal limit via medical records from the Bataan General Hospital. The police report of the Orion Municipal Police Station and pictures of the scene after the incident was also presented by the Complainant. A video showing the demeanor of the Respondent after the accident was also presented. Finally, the total amount of damage to the gate and car of the Complainant amounted to Php. 500,000.00 On his Counter affidavit, Respondent stated that he was not drunk and was driving fast. Respondent shifted the blame to the gate of the house in front of Complainant that suddenly swung open and blocked the lane that he is driving in. The Sworn Affidavit of RIZA HONTEVEROS who was with the Respondents car when the accident happened was also presented to support his version of the story. Respondent even went further as to contest the method of the Bataan General Hospital in concluding that he is drunk beyond the legal limit by providing a sworn statement of DR. JOSE BONIFACIO. IS No. 123456 For Reckless Imprudence Resulting to Damage to Property

Wherefore, after careful evaluation of the facts and evidence presented, it is respectfully recommended that JUANCHO MAHUSAY be indicted for the crime Reckless Imprudence Resulting to Damage to Property and the attached information be approved for filing in court. July 05, 2010, Balanga City, Bataan. JULIO VALENTE Assistant Provincial Prosecutor Approved: ROMAN RAPIDO Provincial Prosecutor

REPUBLIC OF THE PHILIPPINES THIRD JUDICIAL REGION REGIONAL TRIAL COURT Branch 3, Balanga City

PEOPLE OF THE PHILIPPINES, Plaintiff, Versus Criminal Case No.345-2010 (NPS No.123456-2010) For: Reckless Imprudence Resulting to Damage to Property

JUANCHO MAHUSAY Accused. x-------------------------------------------x

INFORMATION
The undersigned Prosecutor accuses JUANCHO MAHUSAY of the crime of violation of RECKLESS IMPRUDENCE RESULTING TO DAMAGE TO PROPETY as per Article 263 in relation to Article 365 of the Revised Penal Code, committed as follows:

That sometime on January 10, 2010, in the Municipality of Orion, and within the jurisdiction of this Honorable Court, above-named accused, JUANCHO MAHUSAY, then being the driver of Honda CRV with plate number WXY-789, willfully and negligently in driving the same while passing through the Primera St., Orion,Bataan, without due regard to the traffic laws, regulations and ordinances of the Municipality of Orion and without taking the necessary precautions to prevent the injury to person or damage to property, causing by such negligence, carelessness, and imprudence the said automobile to hit the gate of the house of PEDRO BUHAY damaging the same the his red Mazda 3 Car with plate number ABC-123.

CONTRARY TO LAW.

JULIO VALENTE Assistant Provincial Prosecutor

This is to certify that I have conducted the Preliminary Investigation in the above-captioned case and that there is an existence Probable Cause that would engender a well-founded belief that the accused is guilty and may be held for trial.

JULIO VALENTE Assistant Provincial Prosecutor ROMAN RAPIDO Provincial Prosecutor

SUBSCRIBED AND SWORN to before me this 13th day of July 2010 at city of Balanga, Province of Bataan.

ROMAN RAPIDO Provincial Prosecutor

REPUBLIC OF THE PHILIPPINES THIRD JUDICIAL REGION REGIONAL TRIAL COURT Branch 3, Balanga City

PEOPLE OF THE PHILIPPINES, Plaintiff, Versus Criminal Case No.345-2010 (NPS No.123456-2010) For: Reckless Imprudence Resulting to Damage to Property

JUANCHO MAHUSAY Accused. x-------------------------------------------x

MOTION FOR ISSUANCE OF AN ALIAS WARRANT OF ARREST The undersigned peace officer and to this Honorable Court, respectfully alleges: 1. This Honorable Court issued a warrant of arrest to the accused, JUANCHO MAHUSAY, dated July 15, 2010 at # 666, Villa Angeles, Orion, Bataan. Attached herewith is the copy of the warrant of arrest. 2. After the due execution by the Orion Police Station, the warrant of arrest was not served to the accused because he was not found in the given address. Attached herewith is the return slip and proof of service made by PO1 Diego Forlan, dated July 16, 2010. 3. Thus, there is a necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice. WHEREFORE, undersigned prays that after hearing and examination of this motion, alias warrant of arrest be issued to bring the accused under custody, pending completion of preliminary investigation.

JULIO VALENTE Assistant Provincial Prosecutor

REPUBLIC OF THE PHILIPPINES THIRD JUDICIAL REGION REGIONAL TRIAL COURT Branch 3, Balanga City

PEOPLE OF THE PHILIPPINES, Plaintiff, Versus Criminal Case No.345-2010 (NPS No.123456-2010) For: Reckless Imprudence Resulting to Damage to Property

JUANCHO MAHUSAY Accused. x-------------------------------------------x

MOTION TO REDUCE BAIL Accused, through counsel, respectfully alleges: 1. That the accused has been charged with RECKLESS IMPRUDENCE RESULTING TO DAMAGE TO PROPERTY and that the bail for his provisional release has been set at P50,000.00; 2. That the accused is the sole breadwinner in the family and his father is in the hospital for five months now due to massive complications of the heart that is why impossible for him to pay the full amount of his bond and is therefore constrained to request for a reduction of the amount of bail; 3. That it would be advantageous to everyone if he be given temporary liberty thereby allowing him to continue with his gainful employment and as head of the family with five (4) dependents; 4. As such, accused appeals to the mercy and compassion of this Honorable Court and respectfully requests that his bail be reduced to P25,000.00. WHEREFORE, accused respectfully prays that his bail be reduced to P 25,000.00. Other relief just and equitable are likewise prayed for.

20 July 201,Balanga City, Bataan. ATTY. HIPOLITO ESCUBAR Counsel for the Accused PTR No.897867; 1/17/10;Manila IBP No. 124356; 1/15/10;Manila Roll No. 49000 MCLE No. 10-009384029 Telephone No. (02)444-5555

NOTICE OF HEARING AND EXPLANATION THE BRANCH CLERK OF COURT REGIONAL TRIAL COURT Branch 3, Balanga City
Greetings: Please take notice that the foregoing Motion for Reduction of Bail shall be submitted for the consideration and approval of the Honorable Court on Friday, 25 July, 2010 at 10:00 a.m. or as soon as counsel and matter may be heard. Other party was served with this motion via registered mail due to lack of man power, distance and impracticality of personal service. ATTY. HIPOLITO ESCUBAR

COPY FURNISHED: JULIO VALIENTE Asst. Provincial Prosecutor Provincial Prosecution Office Balanga City, Bataan

REPUBLIC OF THE PHILIPPINES THIRD JUDICIAL REGION REGIONAL TRIAL COURT Branch 3, Balanga City PEOPLE OF THE PHILIPPINES, Plaintiff, Versus Criminal Case No.345-2010 (NPS No.123456-2010) For: Reckless Imprudence Resulting to Damage to Property

JUANCHO MAHUSAY Accused. x-------------------------------------------x

MOTION FOR THE ISSUANCE OF A HOLD DEPARTURE ORDER THE PROSECUTION, by the prosecutor, and to this Honorable Court, alleges: 1. That the above-entitled case is set for pre-trial on August 4, 2010 at 9:00 a.m.; 2. That accused JUANCHO MAHUSAY, with intent to avoid

prosecution, is scheduled to Hong Kong on August 1, 2010 as evidenced by a certification from Philippine Airlines dated July 25, 2010, copy of which is hereto attached as Annex A and made integral part hereof; 3. That the corresponding air ticket for the said travel was issued to Joshua De Guzman as evidenced by a copy of PAL Official Receipt No. 14344, copy of which is hereto attached as Annex B and made integral part hereof;

PRAYER WHEREFORE, premises considered and in the interest of justice, it is respectfully prayed unto this Honorable Court that Hold Departure Order be issued. Manila, Philippines, July 27, 2010.

JULIO VALIENTE Asst. Provincial Prosecutor

NOTICE OF HEARING AND EXPLANATION THE BRANCH CLERK OF COURT REGIONAL TRIAL COURT Branch 3, Balanga City
Greetings: Please take notice that the foregoing Motion for Reduction of Bail shall be submitted for the consideration and approval of the Honorable Court on 20 November, 2010 at 10:00 a.m. or as soon as counsel and matter may be heard. Other party was served with this motion via registered mail due to lack of man power, distance and impracticality of personal service.

JULIO VALIENTE Asst. Provincial Prosecutor Copy Furnished: ATTY. HIPOLITO ESCUBAR Unit 69, M and M Condominium Binondo, Manila

REPUBLIC OF THE PHILIPPINES THIRD JUDICIAL REGION REGIONAL TRIAL COURT Branch 3, Balanga City PEOPLE OF THE PHILIPPINES, Plaintiff, Versus Criminal Case No.345-2010 (NPS No.123456-2010) For: Reckless Imprudence Resulting to Damage to Property

JUANCHO MAHUSAY Accused. x-------------------------------------------x

PRE-TRIAL BRIEF THE PEOPLE OF THE PHILIPPINES, through the undersigned Assistant Provincial Prosecutor, before this Honorable Court, most respectfully submit this PreTrial Brief:

SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS

The following are the admitted facts: 1. The identity of the one charged in the information and that of the person arraigned are one and the same; 2. The identity of PEDRO BUHAY, the complainant; 3. That JUANCHO MAHUSAY drove the car that caused damaged to the gate and car of PEDRO BUHAY; 4. The date and places of the commission of the crime.

EVIDENCE FOR MARKINGS

1. Affidavit of the Complainant: Purpose: To show that the Accused was the one who drove the case to the gate of their house and caused damaged to the car of the

Complainant; 2. Affidavit of PO1 Martin de Guzman: Purpose: as the investigator who arrived on the scene, to corroborate the testimony of the Complainant, particularly the fact that the Accused was drunk; 3.Affidavit of Dr. Teresita Mancoba: Purpose: to solidify and attest the medical certificate she issued that proves that the Accused was drunk beyond the legal limit during the time of the incident; 3. Affidavit of the accused: Purpose: to corroborate the testimonies of the complainant;

I S S U E Whether or not the accused committed the crime charged;

W I T N E S S E S 1. Complainant: to testify that the Accused was the one who drove the case to the gate of their house and caused damaged to the car and gate of the his house. 2. Po1 Martin de Guzman: to corroborate the testimony of the Complainant, particularly the fact that the Accused was drunk. 3.Dr. Teresita Mancoba: to to corroborate the testimony of the Complainant, particularly the fact that the Accused was drunk and to attest that the medical certificate proving the same is in order. TRIAL DATES Specifically all Wednesday of the month, with the regular appearance of the undersigned Prosecutors before this Honorable Court. Respectfully submitted. July 29, 2010, Balanga City, Bataan. JULIO VALIENTE Asst. Provincial Prosecutor Copy Furnished: ATTY. HIPOLITO ESCUBAR Unit 69, M and M Condominium Binondo, Manila

REPUBLIC OF THE PHILIPPINES THIRD JUDICIAL REGION REGIONAL TRIAL COURT Branch 3, Balanga City PEOPLE OF THE PHILIPPINES, Plaintiff, Versus Criminal Case No.345-2010 (NPS No.123456-2010) For: Reckless Imprudence Resulting to Damage to Property

JUANCHO MAHUSAY Accused. x-------------------------------------------x

FORMAL OFFER OF EVIDENCE

Comes Now, the People, through the undersigned Prosecutor, and to this Honorable Court, most respectfully submits the following Formal Offer of Evidence; EXHIBIT A PURPOSE Affidavit of Complainant: to testify that the Accused was the one who drove the case to the gate of their house and caused damaged to the car and gate of the his house. B Affidavit of Po1 Martin de Guzman: to corroborate the testimony of the Complainant, particularly the fact that the Accused was drunk. C Affidavit of Dr.Teresita Mancoba: to

corroborate the testimony of the Complainant particularly the fact that the Accused was drunk and to attest that the medical certificate proving the same is in order. D Police Report of the Orion Municipal Police Station to corroborate the events that transpired.

Medical Certification from the Bataan General Hospital to prove that Accused was drunk beyond the legal limit.

. With the foregoing documentary and object evidences as well as the testimonies of the witnesses, Prosecution hereby rests its case.

PRAYER WHEREFORE, all the foregoing considered, it is respectfully prayed for of this Honorable Court that this Formal Offer of Evidence be admitted, duly noted and made of record. Such further and other reliefs just and equitable under the premises are likewise prayed for. Balanga City, Bataan, 10 November 2010. JULIO VALIENTE Asst. Provincial Prosecutor

Copy Furnished: ATTY. HIPOLITO ESCUBAR Unit 69, M and M Condominium Binondo, Manila

REPUBLIC OF THE PHILIPPINES THIRD JUDICIAL REGION REGIONAL TRIAL COURT Branch 3, Balanga City PEOPLE OF THE PHILIPPINES, Plaintiff, Versus Criminal Case No.345-2010 (NPS No.123456-2010) For: Reckless Imprudence Resulting to Damage to Property

JUANCHO MAHUSAY Accused. x-------------------------------------------x

MOTION FOR LEAVE OF COURT TO FILE DEMURRER TO EVIDENCE Accused JUANCHO MAHUSAY, by the undersigned counsel and unto this Honorable Court, most respectfully states: 1. The prosecution rested its case on November 10, 2010, and accordingly the accused has five days therefrom to file the instant motion. 2. The accused moves that he be given leave of court to file a demurrer to evidence on the following grounds: a. The evidence presented by the prosecution is insufficient to convict the accused b. The prosecutions evidence, even if true, states the crime charged was not committed; and c. The applicable law and jurisprudence support the foregoing conclusions. PRAYER WHEREFORE, the accused prays that he be given leave to file a demurrer to evidence within 10 days from notice. City of Manila for Balanga City, Philippines, November 14, 2010.

ATTY. HIPOLITO ESCUBAR Counsel for the Accused PTR No.897867; 1/17/10;Manila IBP No. 124356; 1/15/10;Manila Roll No. 49000 MCLE No. 10-009384029 Telephone No. (02)444-5555

NOTICE OF HEARING AND EXPLANATION THE BRANCH CLERK OF COURT REGIONAL TRIAL COURT Branch 3, Balanga City
Greetings: Please take notice that the foregoing Motion for Reduction of Bail shall be submitted for the consideration and approval of the Honorable Court on 20 November, 2010 at 10:00 a.m. or as soon as counsel and matter may be heard. Other party was served with this motion via registered mail due to lack of man power, distance and impracticality of personal service. ATTY. HIPOLITO ESCUBAR

COPY FURNISHED: JULIO VALIENTE Asst. Provincial Prosecutor Provincial Prosecution Office Balanga City, Bataan