People Vs Ortega.docx

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Republic of the Philippines) Maramag,Bukidnon) SS X---------------------------)

COMPLAINT- AFFIDAVIT I, CELERINA A. CASING, of legal age, married, residing at Purok 4, Mibantang, Quezon, Bukidnon, Philippines after having been sworn to in accordance with law do hereby depose and state that: 1. Do you swear to tell the truth and nothing but the truth? Yes, I do. 2. Will you swear under oath that you are answering the questions asked of you honestly and truthfully and that you may face criminal liability and false testimony or perjury if you will do otherwise? Yes, I am. 3. Why are you executing this complaint-affidavit? I am executing this complaint affidavit to charge Jonathan V. Ortega and Edgardo Ortega y Suarez; all of legal age, married, and both a resident of Purok 7/4 South Poblacion, Maramag Bukidnon for “RECKLESS IMPRUDENCE RESULTING TO DAMAGE TO PROPERTY, SERIOUS PHYSICAL INJURIES AND PERJURY” in relation to the incident that took place on October 22, 2017 at around 3:30 in the afternoon at Purok 5, Camp-1, Maramag,Bukidnon, as evidence by a traffic incident report, which is attached herein and marked as Annex “A”. 4. What was the incident all about on that said time, place and date? On October 22, 2017, my son CHRISTIAN A.CASING and I were traversing the national highway going to Natulongan, KibaweBukidnon. We were on board on our motor vehicle ( single motorcycle).My husband, JOSE A. CASING, was driving on this motor vehicle which is particularly described as follows: MAKE : KAWASAKI (Bajaj C 100) MODEL/YEAR : 2017 TYPE OF BODY : MC PLATE NO : MOTOR/ ENGINE NO.: DUZWC34496 SERIAL / CHASIS NO. : O.R.NO : 002017125939778

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Copies of the Certificate of Registration and official Receipt of the above- mentioned vehicle are attached herein and marked as Annex “B”.

5. Why do you say that Edgardo Ortega was driving recklessly? I can say that Edgardo Ortega was driving recklessly since he over took us inspite of the incoming vehicle from opposite direction which cause him to swerve to our lane. 6. What is the effect after Edgardo Ortega’s swerved? Jose A. Casing, my husband was driving our motorcycle at a moderate speed. Since Edgardo, the driver of the Hyundai Porter Railings with plate number GMS 127overtook us near the junkshop even if there was an incoming vehicle. He suddenly swerved to our lane. My husband tried to maneuver our motorcycle, applied brake in order not to hit by the Hyundai but of no avail because we were bumped by the Hyundai forcefully. Thereafter, the injuries I received and the damage to our motorcycle were the direct and immediate result of the imprudent and negligent act of Edgardo Ortega. The damages incurred weredue to the inexcusable lack of precaution of the latter. A copy of Christian A. Casing and Jose A. Casing’ affidavit herein attached and marked as Annex “Cand D”. 7. What was your condition after the incident? As a result, I attained injuries of my body and damaged to our motorcycle.I felt the severe pain all over my body. I could not sleep well for many days.Edgardo Ortega is careless, imprudent, and miserably failed to use ordinary care thereby causing injury to us (My husband, son and myself) and also damage to our property. . My counsel talked to me that the same offence is sanctioned by Article 365 of the Revised Penal code, which states that“Article 365. Imprudence and negligence. - Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period to prision correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and

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medium periods shall be imposed; if it would have constituted a light felony, the penalty of arresto menor in its maximum period shall be imposed. Any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if it would have constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be imposed. When the execution of the act covered by this article shall have only resulted in damage to the property of another, the offender shall be punished by a fine ranging from an amount equal to the value of said damages to three times such value, but which shall in no case be less than twenty-five pesos. A fine not exceeding two hundred pesos and censure shall be imposed upon any person who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony. In the imposition of these penalties, the court shall exercise their sound discretion, without regard to the rules prescribed in Article sixty-four. The provisions contained in this article shall not be applicable: 1. When the penalty provided for the offense is equal to or lower than those provided in the first two paragraphs of this article, in which case the court shall impose the penalty next lower in degree than that which should be imposed in the period which they may deem proper to apply. 2. When, by imprudence or negligence and with violation of the Automobile Law, to death of a person shall be caused, in which case the defendant shall be punished by prision correccional in its medium and maximum periods. Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place. Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest. The penalty next higher in degree to those provided for in this article shall be imposed upon the offender who fails to lend

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on the spot to the injured parties such help as may be in this hand to give. (As amended by R.A. 1790, approved June 21, 1957).”

A copy of the medical report as well as special order for sick leave of absence is herein attached and marked as Annexes “E and F”, respectively. 8. What did the owner of the Hyundai Porter Railings do? Jonathan Ortega, the owner of the Hyundai Porter Railings (Bongo) offered settlement of 8,000.00 pesos to Jesusa B. Magalanes, a pedestrian victim who was also injured in the accident. In our case, he promised to pay through the proceeds of the insurance of the Bongo.However, there was no positive response until now. And he even refused to reimburse our expenses. A copy of Arcelie M. Catalogo’s affidavit herein attached and marked as Annex “G”. Further, on 25th day of October 2017,Jonathan V. Ortega executed an Affidavit of Undertaking which state that, he is the owner and driver of the Hyundai Porter Railings (Bongo) with plate number GMS 127 that figured a vehicular incident on October 22, 2017 at around 3:30 in the afternoon at Camp 1 Maramag, Bukidnon. However, in the Police Blotteron October 22, 2017 showed that it was Edgardo Ortega who drove the Hyundai Porter Railings with plate number GMS 127 as reported by traffic investigator FreddiewebPasal Celestial. While Jonathan Ortega executed an Affidavit of Undertaking that he was the driver during the incident, despite of his knowledge that it was not true, the Police Investigator reported that it was Edgardo Ortega the driver of Hyundai Porter Railings who drove on that day when the incident happened and it was not Jonathan V. Ortega, the owner. Jonathan V.Ortega, committed the crime ofPerjury in violation of article 183 of the Revised Penal Code. That all the elements of the crime under article 183 of the Revised Penal Code is present in this case, namely: a. That the accused made a statement under oath or executed an affidavit upon a material matter; b. That the statement or affidavit was made before a competent officer, authorized to receive and administer oath;

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c. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; and d. That the sworn statement or affidavit containing the falsity is required by law. A copy of the affidavit of undertaking as well as an extract from the police blotter is herein attached and marked as Annexes “H and I”, respectively. 9. What happen next, if any? Furthermore, I have been constrained to engage the services of my lawyer.On March 26, 2018, my counsel sent a demand letter for the reimbursement of the medical expenses and unrealized profit. Unfortunately, the demand was unheeded by Jonathan Ortega. A copy of the demand letter is herein attached and marked as Annex “J “. 10.What happen, then? On May 2, 2018, my counsel sent a Final Demand letter for Payment this was received by EstrellaPatindol. Despite repeated demand letter was sent, Jonathan Ortega keep refusing to reimburse me of my medical expenses.He continued to refuse and failed to answer his obligation despite repeated demand and sufficient opportunity to do the same.A copy of the Final Demand for Payment is herein attached as Annex “K “. 11. What additional information can you give? On May 28, 2018, Last and Final Demand letterfor payment was sent to Jonathan Ortega but the said person refused and continued to refuse to receive the letter. As a resultof the continued refusal to answer his obligation, I requested my counsel that a case be filed in court.A copy of the Last and Final Demand letter for Payment is herein attached and marked as Annex “L” 12. Do you have anything to say? None sir, unless further asked. IN WITNESS WHEREOF, I hereunto affix my signature this_____the day of August 2018 at Maramag,Bukidnon, Philippines.

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CELERINA A. CASING Affiant SUBSCRIBED AND SWORN to before me this____the day of August2018 at Municipality of Maramag Bukidnon.I further certify that I have personally examined the affiant and that I am satisfied that he understood his affidavit and the same is his free act and deed.

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