REPUBLIC OF THE PHILIPPINES)

PROVINCE OF CEBU )S.S

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JUDICIAL AFFIDAVIT

I, RANDY V. MIASCO, of legal age, Filipino Citizen, and a resident

Upper Laguerta, Lahug Cebu City, Philippines, after having been duly
sworn to in accordance with law, hereby depose and state:

PRELIMINARY STATEMENT

That this Judicial Affidavit is executed to serve as my direct

testimony in the instant case, and prove all the allegations in the Complaint
including all annexes appended thereto and all other related matters, facts
and circumstances relevant and material to this case I hereby execute this
judicial affidavit in a question and answer format;

That conformably with section 3 (b) of the said A.M. No. 12-8-8-
SC, I also state that it was ATTY. NATHANIEL CLARUS who conducted
the examination of the undersigned affiant at Room 508 5th floor Sugbutel
building North Reclamation Area, Cebu City;

That, I hereby state under the pain of perjury that in answering the
questions asked of me, as appearing herein below, I am fully conscious
that I did so under oath, and that I may face criminal liabilities for false
testimony or perjury;

The questions asked by Atty. Nathaniel Clarus and the answers I

gave are as follows, to wit:

Q1.) Who are you and why have you come here?
A1.) I am RANDY V. MIASCO and I am here to ask for
assistance in filing a criminal case against RINO P. NAVAJA, of
legal age, Filipino citizen, and is a resident of Upper Laguerta,
Lahug Cebu City;

Q2.) What prompted you to file a case against RINO P.

NAVAJA?
A2.) I, together with PEDRO A. MIASCO, and RENIMAR V.
MIASCO met an accident after a speeding Isuzu Minibus with
Plate No. AAA-2559 owned and operated by ELSA A. LIM and
driven by RINO P. NAVAJA recklessly bumped into the right
side portion of a Suzuki Multicab Pick-up owned and driven by
me. A photo of the said Isuzu Minibus is respectfully attached in
this Affidavit as Annex “A”;
Q3.) When did this incident happen?
A3.) It occurred at 6:15 in the morning of August 21, 2018;

Q4.) What exactly happened during that time?

A4.) I and my father PEDRO A. MIASCO and my brother
RENIMAR V. MIASCO were cautiously traversing at a slow
speed along EO Perez St., Mantawi Drive, Subangdaku,
Mandaue City on our way to Park Mall. I was the one driving my
car which was a Suzuki Multicab Pick-up with a Temporary
Plate No. AAA-2559, while my father is sitting at the
passenger’s seat and my brother sitting at the back portion of
the said car; a photo of the Suzuki Multicab Pick-up is
respectfully attached herein as Annex “B”. Then, all of a sudden
a recklessly speeding Isuzu Minibus sped fast towards us
bumping the multi-cab really hard. Everything happened so fast,
the mini-bus came out of nowhere that the moment I noticed it,
it was impossible for me to veer out of its way to avoid being hit
by another vehicle.

Q5.) What happened next?

A5.) I was thrown out of the Multi-cab, and then I learned that
RENIMAR V. MIASCO was thrown out of the car and landed on
the road laying still and unconscious while my father PEDRO A.
MIASCO was found inside the Multi-cab in serious pain from the
incident and who almost got pinned inside the said Multicab.
Photos of the incident is respectfully attached as Annex “C”

Q6.) Could you describe how bad the impact was to both the
multicab and the minibus?
A6.) Yes. The impact was so bad the right side of the body of
the multicab was crumpled and wrecked. On the other hand, the
minibus ended up with a dented bumper; photographs of the
damage mentioned are respectfully attached as Annex “D”;

Q7.) What do you think could be the reason why the incident
happened?
A7.) The incident happened in broad daylight, and it surely was
not raining that day to make the road slippery. Therefore, it
cannot be said that part of the incident was attributable to
external factors other than the manner of driving between me
and the driver of the minibus. Also, I am certain that the incident
is not imputable to me as the driver of the multicab, as I was
driving at a low speed cautious and conscious of the traffic rules
and signs in that area. However, I cannot say the same for
RINO P. NAVAJA. He was driving really fast and very
recklessly. It must be emphasized that RINO P. NAVAJA is
employed as a driver for ELSA A. LIM’S transportation
business. He is therefore well aware and conscious of the traffic
rules and regulations and is expected to be proficient in driving.
Considering this fact, his actions and judgments while driving
that time should be considered voluntary and made in full
consciousness; yet he chose to maneuver the vehicle recklessly
and very negligently;

Q8.) What steps did you take at that time in order to apprehend
and hold the person driving the Isuzu Minibus answerable to the
damage caused?
A8.) The incident was reported to the police who thereafter
issued a Report stating that RINO P. NAVAJA was at fault as he
was maneuvering the said vehicle in a very fast speed in clear
disregard of the Traffic Rules and Regulations, a copy of the
Police Report is attached in this Affidavit as Annex “E”;

Q9.) What injuries have the three of you suffered due to the
incident?
A9.) I and my father PEDRO A. MIASCO suffered multiple
injuries and were later condined at the University of Cebu
Medical Center to which a copy of the Certificate of
Confinement are respectfully attached as Annex “F” and “F-1”.
However, my brother RENIMAR V. MIASCO was confined in
the said hospital but later died on August 27, 2018. A copy of
RENIMAR V. MIASCO’S Certificate of Confinement and his
Certificate of Death are respectfully attached as Annex “G” and
“G-1”;

Q10): There is a signature above the name RANDY V.

MIASCO, whose signature is that?
A10): That is my signature;

Q11): Will you confirm and affirm the truthfulness and veracity
of your testimony?
A11): Yes, I do;

Q12.) For the meantime, I don’t have further questions, do you

have any statements to add or take away on this affidavit?
A12.) No, I do not have.

---------END OF STATEMENT—————
 IN WITNESS WHEREOF, I hereunto set my hand below this 19th day
of February 2019 at Cebu City, Philippines.

RANDY V. MIASCO
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of March

2019 at Cebu City, Philippines. Further, I certify that I personally examined
the herein affiant and found out that he voluntarily executed the foregoing;

ATTESTATION

I, NATHANIEL N. CLARUS of legal age, Filipino citizen, and with

office address at CLARUS LAW Room 508 SUGBUTEL BLDG., North
Reclamation Area, Cebu City; under oath, depose and say;

That I am the one who propounded all the question to RANDY V.

MIASCO at my said office; before the said proceedings, he was made
to swear under oath; and warned that he should tell the truth;
otherwise, he will be charged for perjury; during the said proceedings
only the two (2) of us were present; he was not coached or told what
to answer of all my questions; his answers to my questions appear to
be of his own and based on authentic records; and that all my
questions and his respective answer are all recorded.
 IN WITNESS WHEREOF, I have hereunto affixed my signature
below this ____ day of ______ at Cebu City, Philippines.

NATHANIEL N. CLARUS
Affiant
ROLL NO., 38708

SUBSCRIBED and SWORN to before me this ___ day of 2019

at Cebu City, Philippines.