Republic of the Philippines

METROPOLITAN TRIAL COURT

FOURTH JUDICIAL REGION
BRANCH 80
Rizal

PEOPLE OF THE PHILIPPINES,

-versus- CRIM. CASE NO. __________

For: Reckless Imprudence

Resulting in Damage to Property
with Serious Physical Injuries.

KRIZZA MAE BALBUENA,

Accused.
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JUDICIAL AFFIDAVIT OF
KRIZZA MAE BALBUENA

The witness Krizza Mae Balbuena, is a Filipina, 34 years of age, single and
a resident of #L8 B1 Sta. Marville Subdivision, Bambini PH2 Taytay Rizal.

This judicial affidavit was taken by counsel, Atty. Rex James P. Mario
at his office at 2/F Paulina Bldg., Tikling, Taytay Rizal.

The witness answered all the questions asked of her, fully conscious that
she does so under oath and that she may face criminal liability for false
testimony or perjury.

PURPOSES

The testimony of the witness Krizza Mae Balbuena, is being offered to

prove that she was the accused in this case and to refute the material allegations
charged against her by the private complainant Alex Cavinte. Accused, also, in
the course of her testimony, will identify documents pertinent to this case and
will further testify on other allied matters.

This Judicial Affidavit shall serve as the direct testimony of the witness in
this case.

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QUESTIONS AND ANSWERS:

1. Q. Ms. Witness, are you the same accused in the above case?
A. Yes, ma’am.

2. Q. Do you know Mr. Alex Cavinte?

A. Yes, ma’am.

3. Q. How do you know him?

A. He is the complainant in this case.

4. Q. Ms. Witness, do you remember where you were on December 18, 2013
at about 4:30 in the afternoon?
A. Yes, ma’am.

5. Q. Where were you on that date and time?

A. I was driving with my friend along Osmena Street coming from North
direction going to May Bank.

6. Q. On that date and time, do you recall any unusual incident that
happened?
A. Yes, ma’am.

7. Q. What was that if any?

A. I was going to the parking of May Bank. I made a stop and a signal to
the opposing vehicles of my intention to go left to enter the parking area
of the bank, when I am almost at the gutter entering the parking space a
motorcycle coming out of nowhere bumped my car.

8. Q. Ms. Witness you mentioned that you were driving during the incident,
what were you driving then?
A. I was driving my car then which is a Toyota Altis color Red with plate #
RXK-555.

9. Q. After the collision what happened next if any?

A. Because of the strong impact of the collision, the motorcycle rider fell
on top the hood of my car and slowly glided to the pavement.

10. Q. Ms. Witness what portion of your car was bumped by the
motorcycle?
A. The motorcycle hit the right front side portion of my car.

11. Q. Is there anything else that was damaged in your car?

A. Yes ma’am the hood of my car.

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12. Q. Ms. Witness what proof do you have that your vehicle sustained
damage as a result of the collision?
A. I took several pictures of the damage sustained by my car.

13. Q. You mentioned photographs. I’m showing you photographs of

the your car marked as Exhibit “2” to Exhibit “2-C” are these the
photographs you are referring to?
A. Yes ma’am.

14. Q. In Exhibit “2” can you tell me what is being depicted in the
photograph?
A. The scratch in the right front side of my car and the misalignment of
my bumper.

15. Q. How about in Exhibit “2-A”?

A. Also the huge scratch sustained by my car and the dent in the hood.

16. Q. How about in Exhibit “2-B”?

A. The huge dent in the hood of my car.

17. Q. And in Exhibit “2-C” what does it show?

A. The car was already 5 to 6 inches away from the gutter while the
motorcycle was down in the bicycle lane where he drove by in trying to
over take and get ahead of me.

18. Q. Ms. Witness when your car sustained damage, what did you do
with it if any?
A. I went to Toyota Taytay to have a job estimate of the damage sustain
by my car.

19. Q. I’m showing you a copy of a Job Estimate marked as Exhibit “3”
with a price estimate worth Php30, 531.00 marked as Exhibit “3-A” and
signed by one Keith Umali a service advisor of Toyota Taytay, his
signature is marked as Exhibit “3-B”. Is this the job estimate you are
referring into?
A. Yes ma’am.

20. Q. After knowing the cause of the damaged sustain by your car did
you still tried to have it repaired?
A. Yes ma’am.

21. Q. Do you have proof if any that you had it repaired and how
much does it totally cause?
A. Yes ma’am the copy of the Service Billing issued by Toyota Taytay, Inc.
and the Official Receipt of payment.

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22. Q. Now Ms. Witness I’m showing you a document entitled Service
Billing marked as Exhibit “4” with an Amount Payable worth Php20,
533.85 marked as Exhibit “4-A” is this the document your stating earlier?
A. Yes ma’am.

23. Q. How about this document Ms. Witness marked as Exhibit “4-B”
entitled Official Receipt, is this receipt you are referring to?
A. Yes ma’am.

24. Q. Ms. Witness you mentioned that during the unfaithful incident
you were driving with your friend.
A. Yes ma’am.

25. Q. What is the name of your friend?

A. Rodah Natividad.

26. Q. Where was she sited in your car during that incident?
She was sitting at the passenger sit where she clearly heard and directly
felt the strong impact of the motorcycle hitting the car.

27. Q. If she would be asked could she truthfully describe what

happened during December 18, 2013?
A. Yes ma’am actually she wrote a Sinumpaang Salaysay about what she
witnessed during the incident.

28. Q. I have here a Sinumpaang Salaysay signed by Rodah Natividad

marked as Exhibit “5” to Exhibit “5-A-1”. Is this the Salaysay you are
mentioning?
A. Yes ma’am.

29. Q. Ms. Witness you mentioned earlier that out of nowhere the
motorcycle bumped you, why did you not see him coming?
A. I did not see him coming because all vehicles across me stop to
allow me to turn left and enter the parking space of the bank. After
the red Nissan Hi-Ace made a full stop and signal me to turn left the
vehicles behind him also follow and during that time no bike was
also in the bike lane the inner most lane near the gutter.

30. Q. Do you conduct any measure aside from using the signal light of
your car so you can safely drive to where you will be parking?
A. Yes ma’am. Even though the cars across me stop to give way for
my turning, I also continue looking at the left and the right side of
my vehicle and slowly maneuver my car to the parking space.

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31. Q. What made you decided that you are completely free from
turning left and continue to proceed to the parking space of the
bank?
A. Aside from the Nissan Hi-Ace in the other lane that stops and
allows me to pass, the security guard of May Bank is also guiding
me using his left hand in proceeding to the parking space.

32. Q. What is the name of this security guard Ms. Witness?

A. SG Clifford Lucy ma’am.

33. Q. What made you decide to follow SG Lucy’s instruction?

A. He was standing in front of the parking space of the bank near
the bicycle lane so he has a good view of every vehicle that was in
the south bound lane, he can immediately signal me to stop if he
saw that a motorcycle driving in the bicycle lane is about to pass
through.

34. Q. Ms. Witness if SG Lucy will be asked to confirm your

testimony can he give a truthful description of the event that
transpired during the incident?
A. Yes ma’am. Actually he along with the other security guard on
duty on Malayan Bank that day made a Sinumpaang Salaysay.

35. Q. I am showing you a Sinumpaang Salaysay signed over the

name SG Clifford Lucy and marked as Exhibit “7” to “7-A”. Is this the
Sinumpaang Salaysay you are referring into?
A. Yes ma’am.

36. Q. About the other guard your are referring to be with SG

Clifford Lucy on the date of the incident, I have here a copy of a
Sinumpaang Salaysay signed by SG Mark Reyes and was marked as
Exhibit “6” to “6-A”. Is he the other security guard you mentioned
accompanying SG Clifford Lucy?
A. Yes ma’am.

37. Q. Ms. Witness aside from the guards and your companion in
the vehicle is there anyone else that can testify and affirm your
testimony?
A. There is ma’am. Her name is Angelo Bugarin.

38. Q. How was this Ms. Angelo Bugarin involved or aware of in

the incident if any?
A. He was a cyclist biking in the bike lane along the southbound
going to north bound lane of Osmena, Tikling Rizal.
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 39. Q. How did He witness the collision incident?
A. He was biking in the bicycle lane when he said he heard a
motorcycle coming his way, which was very fast that he has to stop
and give way to the motorcycle. He witnessed how the motorcycle in
his impulsiveness tried to race the Red Toyota Altis car from
reaching the gutter side of the street.

40. Q. Considering what you have said Ms. Witness, what do you
want the Honorable Court to do with the case filed against you?
A. I hope and pray that this case filed against me be dismissed. I
employ diligence in my driving when the incident occurred. I am
really sorry about the injury suffered by the herein complainant but
this injury was not brought upon by me neither did I contribute to
such.

41. Q. Ms. Witness do you affirm and confirm the truthfulness and
veracity of all the statements you stated in this judicial affidavit?
A. Yes ma’am.

IN WITNESS WHEREOF, I have hereunto set my hand this 18 th

day of November 2017 in Taytay Rizal.

KRIZZA MAE BALBUENA

Affiant

SUBSCRIBED AND SWORN TO before me this 18th day of

November 2017, in Taytay, Rizal, affiant having exhibited to me her
Driver’s License No. ____________ issued in _____________.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2017.

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 ATTESTATION

I, Rex James P. Mario, under oath depose and say:

1. That I am the counsel of the accused in the above-entitled

case;

2. That I conducted the examination of Ms. Krizza Mae Balbuena

Peralta at my office at 2/F Paulina Bldg., Tikling, Taytay Rizal;

3. That I faithfully recorded and caused to be recorded the

questions asked and corresponding answers she gave;

4. Neither I, nor any person then present assisting me coached

the witness regarding her answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 18 th day

of November 2017, Taytay Rizal.

Rex James P. Mario

SUBSCRIBED AND SWORN TO before me this 18th day of

November 2017, Taytay Rizal, affiant having exhibited to me her IBP
ID, with Attorney’s Roll No. 30267.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2017.