REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICER OF THE CITY PROSECUTOR
CITY OF BAGUIO

IREENA TUMANGGAL,
Complainant,

-versus- Criminal Case No. 214

For: RECKLESS IMPRUDENCE

RESULTING IN SERIOUS
PHYSICAL INJURY

PARENEO PABLINO,
Respondent.
x-------------------------------------x

COUNTER-AFFIDAVIT

COMES NOW, the defendant, through the undersigned

counsel, in the above-entitled case and to this Honorable Court
most respectfully alleges:

1. Defendant admits the averments in paragraphs 1, 2, 3

and 5 of the complaint;

2. Defendant partially denies paragraph 4; admitting that the

traffic light was green so the victim should have not crossed as
it was green, Court may take judicial notice that crossing is
when the light is red; denying the truth being that defendant
was driving slowly considering it is nighttime; and that no
screeching occurred but instead sudden blowing of the horn,
and no skid mark was seen on the road as evidenced by a
photograph taken few minutes after the incident to support the
allegation of over speeding to bring about screeching, attached
hereto as “Annex 1” ;
3. Defendant specifically denies the allegation in paragraph
6 of the complaint; and the truth being that the defendant
was driving within the speed limit considering it was night time ;
that the alleged zigzagging was but a mere abrupt swerve to
the left because two boys with the ages ranging from 5-7 years
old abruptly appeared from the right side of the road and ran
into the center of the street. That the act of defendant swerving
to the left to avoid the children resulted in hitting the
complainant coming from the left side of the road as evidenced
by the testimony of Leila de Singko, the mother of the two
children, attached as ANNEX “2”; That the defendant was not
drunk, the truth being that what the defendant actually said to
the officer is that “ wen sir, ok ak lang, napigsa lang tama uluk”,
the defendant referring to his head hitting the steering wheel by
the sudden breaking and the swagging was caused by said
impact specially considering the age. That the defendant has
drivers licensed as herein attached as “ANNEX 3”,
notwithstanding the allegation, Under Art. 4 of the Revised
Penal Code, Criminal liability shall be incurred by any person
committing a felony although the wrongful act be different than
that intended. Driver’s license is not being the mode of
committing criminal liability in the RPC.

4. Defendant partially denies the averment in paragraph 11,

defendant admits that the witness actually saw some of the
incidents but not the entirety. The truth being the vendor merely
saw the portion when the car already swerved to the left until it
hit the victim thereby making him say that the driver was
zigzagging and hit the victim, but failed to witness the abrupt
crossing of the two boys.

5. Defendant claims that under the Emergency Rule, an

individual who suddenly finds himself in a situation of danger
and is required to act without much time to consider the best
means that may be adopted to avoid the impending danger, is
not guilty of negligence if he fails to undertake what
subsequently and upon reflection may appear to be a better
solution, unless the emergency was brought by his own
negligence, as held in the case of McKee vs Intermediate
Appellate Court.
6. The testimony of the vendor is inconsistent with the police
report. Testimony stated that the car ran while the police report
states that the police went to inspect the car and even talk to
the defendant. Certainly, it could have been the defendant that
the police spoke to and it was the same car inspected by the
police as per report by the latter and as evidenced by the police
sketch, attached hereto as “ANNEX 4”.

WHEREFORE, it is respectfully prayed that the complaint

be dismissed.

SUBSCRIBED AND SWORN TO before me this 17th day

of November, 2018, Baguio City.

ATTY. ALBERT P. POKLIS

Notary Public
Roll No. 62452, April 15, 2013
IBP No. 879934, April 12, 2018
Baguio-Benguet Chapter
PTR No. 0976543 April 21, 2018, Baguio City
MCLE Compliance No. IV-0006942,Baguio City