Republic of the Philippines

13th Judicial Region

REGIONAL TRIAL COURT
Branch ___, Surigao City

SARAH E. LEDINO,
Plaintiff,

- versus - CIVIL CASE No. _______

BACHELORETTE TRANSIT
CO. and JACKSON A.
GUTIERREZ.
Defendants.
x-----------------x

ANSWER WITH SPECIAL AFFIRMATIVE DEFENSES

AND ALLEGATIONS, WITH MOTION FOR
PRELIMINARY HEARING ON AFFIRMATIVE DEFENSES

COME NOW DEFENDANTS BACHELORETTE TRANSIT

CO. and JACKSON A. GUTIERREZ [hereinafter, “Jack”],
[jointly, “Defendants”], through the undersigned counsel, for
their Answer and Special Affirmative Defenses to the
Complaint, 1 which was received on 15 December 2016, and for
their Motion for Preliminary Hearing on Affirmative Defenses,
hereby admit, deny, move and allege as follows:

1. Defendants ADMIT the allegations set forth in

paragraphs 1, 2, 3, 4, 5, 6 and 7 of the complaint insofar as
they relate to the personal circumstances, legal capacity and
addresses of the parties;

2. Defendants SPECIFICALLY DENY paragraphs 8 and

9 of the complaint the truth being that set forth in SPECIAL
AFFIRMATIVE DEFENSES AND ALLEGATIONS;

3. Defendants ADMIT IN PART paragraph 10 of the

complaint insofar as it relates to the fact that the bus swerved
to the right which caused the bus to hit a big tree, SUBJECT
TO THE QUALIFICATIONS set forth in the SPECIAL
AFFIRMATIVE DEFENSES AND ALLEGATIONS. As to the
remainder of the allegations stated in this paragraph,
Defendants SPECIFICALLY DENY the same the truth being

Page 1 of 20
that set forth in SPECIAL AFFIRMATIVE DEFENSES AND
ALLEGATIONS;

4. Defendants ADMIT IN PART paragraph 11 of the

complaint insofar as it relates to the fact that the Plaintiff,
together with her husband and other passengers were rushed
to the nearest hospital, SUBJECT TO THE QUALIFICATIONS
set forth in the SPECIAL AFFIRMATIVE DEFENSES AND
ALLEGATIONS. As to the remainder of the allegations stated
in this paragraph, Defendants SPECIFICALLY DENY the same
the truth being that set forth in SPECIAL AFFIRMATIVE
DEFENSES AND ALLEGATIONS;

5. Defendants lack knowledge or information sufficient

to form a belief as to the truth of paragraph 12 of the
complaint to enable them to answer;

6. Defendants SPECIFICALLY DENY paragraphs 13,

14 and 15 of the complaint the truth being that set forth in
SPECIAL AFFIRMATIVE DEFENSES AND ALLEGATIONS;

SPECIAL AFFIRMATIVE DEFENSES

AND ALLEGATIONS

7. Defendants set forth the following affirmative

defenses to the complaint. In asserting these affirmative
defenses, Defendants do not assume the burden to establish
any fact or proposition where that burden is properly imposed
on Plaintiff. Likewise, Defendants incorporate by reference all
the foregoing allegations in so far as they are material and
relevant;

I. Plaintiff boarded the bus

gratuitously and without
charge;
__________________________

8. That while the bus was still at the station dispatching

for passengers, herein petitioner Sarah ledino together with the
said late Frederick Ledino approached the dispatcher of the bus
and asked that they be allowed to ride the bus heading to
Butuan for FREE for the reason that the latter is suffering from
health condition. In addition to the request, they said that the
Defendant shall not be held accountable for any form of liability
that would arise. Out of compassion and kindness due to the
present condition manifested by the plaintiff and the deceased,

Page 2 of 20
this prompted the driver and dispatcher to assent to their
request.

9. That per records in our dispatcher, Bus No. 16 with

plate number ABC 123 departed the bus garage at 8:00 AM, copy
of the Dispatch Record Book is attached as “Annex 1”;

10. Article 1758 of the New Civil Code provides as

follows:

“When a passenger is carried gratuitously, a

stipulation limiting the common carrier’s liability for
negligence is valid, but not for willful acts or gross
negligence.”

11. Here, the Plaintiff and her deceased husband validly

made an agreement with the dispatcher and Jack to entirely
eliminate the carrier’s liability for any negligence and boarded
the bus without charge.

12. In view thereof, it is clear that Defendants have no

liability as to the circumstances of the Plaintiff and her
deceased husband.

II. Plaintiff’s deceased husband

was negligent;
__________________________

13. That the collector and driver duly and timely

reminded all the passengers to wear their respective seatbelts
before the bus left the station. Notices of safety precautionary
measures were also posted legibly on the dashboard and
behind every seat for every passenger to follow. However,
while on transit, said late Frederick Ledino willfully removed his
seatbelt as attested by a co-passenger, Pedro Manigo
[hereinafter, “Pedro”];

14. That witness Passenger Pedro Manigo who seated

immediately adjacent to the deceased attested that he was wide
awake when the accident happened but he did not notice or smell
of burnt rubber inside the bus, and the driver is driving the bus in
a very normal manner at a low speed, very diligent, and with
great care, affidavit of the witness is hereto attached as “Annex
2”;

15. Article 1758 of the New Civil Code provides as

follows:
Page 3 of 20
 “The passenger must observe the diligence of a
good father of a family to avoid injury to himself.”

16. In Landicho v. BTCo.,

“the Court held that the passenger is

responsible for finding a safe seat, as the duty of the
carrier does not encompass all risks attended to a
passenger in transit. It is enough that the carrier's
employees see to it that passengers seats himself
safely inside the vehicle, it is operated carefully and
the mechanisms of the vehicle are in good shape to
prevent mishaps.

III. Defendants observed due

diligence required of a
common carrier;
__________________________

17. That when they reached Sison, a cargo truck on the

opposite lane deviates from its usual lane and run towards the
lane traversed by the bus driven by the defendant driver and
despite exerting all effort to avoid the collision to avoid greater
damage or death, defendant driver swerved to the right thus
hitting a tree, a copy of the police report is attached as
“Annex 3”.

18. That had the driver was not diligent enough to avoid
the cargo truck, who is running in full speed towards the bus,
more damage to life and property may have been suffered by
the bus;

19. Article 1733 of the New Civil Code provides as

follows:

“Common carriers, from the nature of their

business and for reasons of public policy, are bound to
observe extraordinary diligence in the vigilance over
the goods and for the safety of the passengers
transported by them, according to all the
circumstances of each case. ...”

20. Article 1755 of the New Civil Code provides as follows:

“A common carrier is bound to carry the

passengers safely as far as human care and foresight
can provide, using the utmost diligence of every
Page 4 of 20
 cautious persons, with a due regard for all the
circumstances.”

21. That the driver observed the due extraordinary

diligence required of a common carrier and the utmost
diligence of every cautious person such as driving carefully,
periodical testing to determine the condition and mechanisms
of the vehicle are in good shape and complying with the
required speed limit to meet the approximate travel time.

22. That the defendant-owner observed the diligence of a

good father of a family in the selection and supervision of his
employees. The following procedures were observed before an
applicant employee, more particularly for the position of driver, is
hired by the bus company:

a. In the selection of employee/drivers, they were

examined as to their qualification, experience, past
employment and track record, police clearance, driver’s
license and NBI clearance. In addition they were
required to undergo tests of actual driving skills,
concentration, reflexes and vision. They are also
required to complete the attendance on training
programs of traffic rules, vehicles maintenance, and
standard operating procedure in times of emergencies;;
b. On the Supervision, the defendant employer formulated
and implemented standard operating procedure for all
drivers to observe and follow to ensure observance of
due diligence and avoid accident and impose penalties
for breach thereof, thus the company imposes speed
limit to all its bus units, mandatory daily check-up and
maintenance of bus units before and after their
respective trips, a copy of company rules is hereto
attached as “ Annex 4”, and an affidavit of Defendant
Michael B. Garcia, Owner-Operator of Bachelorette
Transit Co, “Annex 6”;

IV. The accident was not the

proximate cause of
Frederick’s death;
__________________________

23. That the deceased was rushed to the hospital, but the
attending physician’s findings manifests that his death was not
due to the injuries he incurred during the accident, it was found
out that the cause of his death was Cardiopulmonary Arrest, a
copy of the medical report is attached as “Annex 7”;

Page 5 of 20
 24. That the incident was not the proximate cause of the
death of Frederick. The medical report showed that the death of
Frederick was caused by the sudden stop in effective blood flow
due to the failure of his heart to contract effectively and the
minor wounds and bruises on the right shoulder suffered in the
accident were not related to the cause of death.

25. Proximate cause is:

“that cause, which, in a natural and continuous

sequence, unbroken by any efficient intervening
cause, produces the injury without which the result
would not have occurred.”

26. That the defendants during the accident has no

liability moral or exemplary and whatsoever damages that the
plaintiff has prayed for, because from the facts and evidence of
the case, the defendant driver is not negligent on his duty as a
driver, and the bus owner has clearly observed the diligence of
a good father of a family in the selection and supervision of his
employees;

27. As held in the case of SYKI vs SALAVADOR

BEGASA, GR No. 149149 dated October 23, 2003, a
testimonial evidence on the defense of the observance of the
diligence of a good father of a family must be coupled with
documentary evidence. In the case at hand, defendant owner
can very well prove via testimonial and documentary evidence
that he had observed such duty.

28. For the reasons stated above, Plaintiff’s claim is

moot and academic, less so, untrue.

MOTION FOR PRELIMINARY HEARING ON

AFFIRMATIVE DEFENSES

29. Defendants incorporate by reference all the

foregoing allegations in so far as they are material and
relevant;

30. Defendants alleged a couple of affirmative defenses,

as follows:

a) Plaintiff boarded the bus gratuitously and

without charge;

b) Plaintiff’s deceased husband was negligent;

Page 6 of 20
 c) Defendants observed due diligence required of
a common carrier;

d) The accident was not the proximate cause of

Frederick’s death;

31. In view thereof, Defendants respectfully request that

a preliminary hearing be set on the affirmative defenses raised.

PRAYER

For the foregoing reasons, Defendants pray for an order

and/or judgment as follows:

1. Setting the preliminary hearing on the affirmative

defenses set forth;

2. Dismissal of Plaintiff’s complaint for lack of merit; and

3. Payment by Plaintiff for Attorney’s fees and costs of suit

incurred by Defendants in the amount not less than Fifty
Thousand Pesos (P50,000.00).

All other relief just and equitable under the premises is

likewise prayed for.

City of Surigao,16 December 2016.

SHERALYNE DAZ PEQUINA

Counsel for Defendant

Suite 204 Cattleya Condominium

235 Salcedo Street, Legaspi Village, Surigao City
Mobile No. (63) 998 976 6906
Email Address: atty.sdpequina@gmail.com

Roll No. 57043

IBP No. 856002 - 12-12-2012; Surigao City
PTR No. 3674489 - 01-07-2013; Surigao City
MCLE Compliance No. IV-0014545; 04-15-2013

Page 7 of 20
 VERIFICATION

We, JACKSON A . GUTIERREZ and MICHAEL B.

GARCIA, Filipinos, of legal age, and residents of 123 Purok
Perlas, Nueva St., Surigao City and 234 Rizal St., Surigao City,
respectively, after having been duly sworn to in accordance
with law, hereby depose and state:

We have caused the preparation of the foregoing

ANSWER WITH SPECIAL AFFIRMATIVE DEFENSES AND
ALLEGATIONS, WITH MOTION FOR PRELIMINARY
HEARING ON AFFIRMATIVE DEFENSES; We have read the
contents thereof, the contents of which are true and correct
based on our personal knowledge and authentic documents and
records;

IN WITNESS WHEREOF, we have hereunto affixed our

signature this ___ day of December 2016, in Surigao City,
Philippines.

JACKSON A . GUTIERREZ MICHAEL B. GARCIA

Affiant Affiant

SUBSCRIBED AND SWORN to before me this ___ day of

December 2016 in Surigao City, Philippines, affiants exhibited
to me

Jackson A. Gutierrez TIN 209-382-789 SS No. 33-6630205-4

Michael B. Garcia TIN 116-281-004 SS No. 33-0030644-3

as competent evidence of their identity.

Doc. No. 4
Page No. 2;
Book No. 4;
Series of 2013.

COPY FURNISHED & NOTIFICATION

ATTY. RIDEN AARON E. ELAGO

Branch Clerk of Court
Regional Trial Court
Page 8 of 20
Branch ___, Surigao City

FLORES GARDE MALAZA LAW OFFICES

1703 M. Ortiz St.
Brgy. Washington
Surigao City

Greetings:

Please take notice that the foregoing ANSWER WITH

SPECIAL AFFIRMATIVE DEFENSES AND ALLEGATIONS,
WITH MOTION FOR PRELIMINARY HEARING ON
AFFIRMATIVE DEFENSES will be submitted to this Honorable
Court for its consideration and approval on December __, 2016
at ______ o’clock in the morning or as soon as counsels and
matters may be heard.

SHERALYNE DAZ PEQUINA

Counsel for Defendants

EXPLANATION
(Pursuant to Section 11, Rule 13 of the 1997 Rules of
Procedure)

The foregoing ANSWER WITH SPECIAL AFFIRMATIVE

DEFENSES AND ALLEGATIONS, WITH MOTION FOR
PRELIMINARY HEARING ON AFFIRMATIVE DEFENSES and
served upon Plaintiff’s counsel via registered mail owing to the
distance between the office of the undersigned counsel and the
counsel for Plaintiff, and for lack of messengerial services.

SHERALYNE DAZ PEQUINA

Counsel for Defendants

Copy furnished:

FLORES GARDE MALAZA LAW OFFICES

1703 M. Ortiz St.
Brgy. Washington
Surigao City

REGISTRY RECEIPT

Postal/Package No. ______

Page 9 of 20
Posted on ______________
Posted at _____________

DISPATCHER’S RECORD

BACHELORETTE Transport Incorporated

Surigao City Garage Terminal

Page 10 of 20
 Bachelorette Transit Co.
Barangay Togbongon, Surigao City

Bus Plate Driver Time of Remard\ks

Number Number Departure(Sur
Date – Butuan)
2 AAA01 Marlou Aquino 2:00 am 100% quality
checked by the
Sept 2, attending
mechanic
4 BBB05 Allen Nerjon 3:00 am 100% quality
checked by the
attending
mechanic
6 CCC03 Sherwin Perez 4:00 am 100% quality
checked by the
attending
mechanic
8 DDD05 Carlo Cortes 5:00 am 100% quality
checked by the
attending
mechanic
10 BBC13 ARIS BARBERO 6:00 AM 100% quality
checked by the
attending
mechanic
12 XYZ20 Juan Ceasar 7:00 am 100% quality
checked by the
attending
mechanic
14 LMW81 Ronald Serano 7:30 am 100% quality
checked by the
attending
mechanic
16 BG500 Boy Puti 8:00 am 100% quality
(deluxe) checked by the
attending
mechanic
18 BBC13 Jackson A. 8:00 am 100% quality
Gutierrez checked by the
(aircon) attending
mechanic
20 DEC341 Dondon Perez 9:00 100% quality
checked by the
attending
mechanic

________(SGD.) EDGAR L. PEDROSA__________

Name and Signature of Dispatcher

Page 11 of 20
Republic of the Philippines)
City of Surigao ) S.S.
x--------------------------------------x

AFFIDAVIT

I, PEDRO MANIGO, Filipino, of legal age and a resident of Narciso Street, Surigao City, after
having been sworn to in accordance with law hereby depose and state;

1. That I am one of the paying passengers of BACHELORETTE Transport with Bus No.
ABC 123, departed from Surigao City to Butuan City around 8:30 in the morning of
September 2, 2016
2. That I am seated immediately adjacent to the deceased and his wife with a complete
view of the driver and the road the bus is traversing;
3. That prior to the accident I am wide awake but I did not notice or smell of burnt
rubber inside the bus as allege by the wife of the deceased;
4. That before we left the collector and driver repeatedly remind all the passengers to
wear respective seatbelts.
5. That while on transit, I saw Frederick Ledino removed his seatbelt.
6. That the driver is very diligent in his operation of the bus, in fact the bus is running
with a maximum speed of 40 to 60 kilometer per hour as indicated in its speedometer
where I can see from where I am seated;
7. That upon reaching the Municipality of Sison, in a curve area 200 meters before
Sison Central Elementary School, i sighted a green cargo truck running in full speed,
deviating from its usual lane, usurping the lane traversed by the bus of which I am
riding;
8. The defendant driver blow hard its horn to get the attention of the cargo truck and
even signalled its headlight, but the bus continues to traverse the other lane intended
for the bus prompting the defendant driver to avoid the collision and greater damage
to life and property, thus our bus hits a tree by reason thereof;
9. That the accident happened because of the negligence of the cargo truck and not
because of the negligent act of the defendant bus driver.
10. That I executed this affidavit to attest to the truthfulness of the foregoing and that this
is my voluntary act and deed.

IN WITNESS WHEREOF, I have hereunto set my hands this 15 th day of December

2016 at Surigao City, Philippines.

PEDRO MANIGO
Affiant

Subscribed and sworn to before me this 15th day of December 2016, who
acknowledges that the same is his voluntary act and deed, representing his Driver’s
License, with expiry date on June 12, 2019, GO1-324543k,

Doc No. 4 ATTY. MAO KINI

Page No. 3 NOTARY PUBLIC
Book No. 4 Until December 31, 2016
Series of 2016 Roll No. 2222
IBP No. 856002 - 12-12-2013; Surigao City
PTR No. 3674489 - 01-07-2013; Surigao City

Page 12 of 20
 MCLE Compliance No. IV-0012135; 04-15-2013

Republic of the Philippines

Department of Interior and Local Government
Province of Surigao Del Norte
Municipality of Sison
Sison Police Office
Sison, Surigao Del Norte

POLICE REPORT
Event Title: Vehicular Accident between Bachelorette bus and Green Cargo
Truck
Date: September 2, 2016
Requesting Party: (name of Defendant Owner of bus
Prepared by: SPO4 Samuel Cutaran

Details of Event: At around 8:40 in the morning, a call was received by the Sison Police
Office regarding vehicular accident 200 meters away from Sison Central Elementary School
between Bachelorette Bus with Plate No ABC123, bound for Butuan City and Green Cargo
Truck with Plate No. XYZ987 bound for Surigao City. According to witness both from
passengers and bystanders of the locality, the Bus is running at moderate speed after it
picked up a passenger from San Pablo, Sison, Surigao Del Norte while a green cargo truck
from Butuan is running at its high and full speed deviating from its usual lane and taking the
lane traversed by the bachelorette bus, prompting the latter to avoid collision, by making a
slight turn to the right thus hitting a tree. It was observed by the bystanders and passengers
that the bus made its effort to catch the cargo trucks attention by blowing its horn and
signaling its headlight but the truck continued its course towards the bus. During the accident
all the passengers of the bus suffered minor injuries and were brought to the nearest
provincial hospital in Bad-as and Surigao City, except one fatality named Frederick C.
Ledino, who is allegedly declared dead on arrival at Caraga Regional Hospital, due to
cardiac arrest. The Bus incurred slight damage to its front right side of its body due to the
impact it suffered against the tree and a damage at its left side near the rear due to the
cargo trucks impact on the bus. Skid marks on the road reveals that the cargo truck did not
initiate to apply immediately its brakes, it applied a hard brake 50 meters away from impact.
The bus applied brakes 100 meters away from the impact with marks that it turned to the
right side of the road leaving its usual lane, a manifestation of avoidance from the collision.

Action Taken: Both drivers of the Cargo Truck and the Bus were brought to Sison Police
Station for questioning, and required to present driver’s license. The Bus driver was able to
present Driver’s License and Bus Certificate of Registration and Official Receipt, however,
the Cargo Truck Driver, has an expired driver’s license but the truck has complete papers.
Moreover, it was noted that during the interrogation, the cargo truck driver was under the
influence of liquor.

Findings: With all due consideration of the facts, testimonies, actual ocular inspection and
measurement on the scene of the accident, and pieces of evidence, it was found out that
there was no negligence incurred by the Bus with Plate No. ABC123. it was running at a very
moderate speed when the accident happened, it has complete papers as well as the driver.
From the facts and testimonies of those who witness the accident, the mishap is attributable
to the cargo truck whose driver has an expired driver’s license and driving under the
influence of liquor. Criminal case for reckless imprudence resulting to damage to property
and death is hereby recommended to be filed against the cargo truck driver and damages.

Signed: SPO4 SAMUEL CUTARAN

Page 13 of 20
 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF HEALTH
CARAGA REGIONAL HOSPITAL

MEDICAL CERTIFICATE OF CAUSE OF DEATH

I hereby certify that the person whose particulars are given

below died in the hospital in the Emergency Room on September 2,
2016 at 09:00 AM.
MR. Frederick C. Ledino
SEX: M AGE: 55
Immediate cause: CARDIO-PULMONARY ARREST

Antecedent cause: HYPERTENSION AND SEVERE ASTHMA

Not related disease or MINOR WOUNDS AND BRUISES ON THE

condition RIGHT SHOULDER due to accident

Manner of Death:
How did the injury occur?

1. Natural 2. Accident 3. Suicide

4. Homicide 5. Pending Investigation

(SGD.) DR. MAGALING

Name and signature of the Medical Attendant
certifying the cause of death
Date of verification SEPTEMBER 2, 2016

Page 14 of 20
 BACHELORETTE TRANSIT CO.
Barangay Togbongon, Surigao City
Tel No. (086) 2342123

MEMORANDUM

TO: ALL MANAGERIAL, SUPERVISORS, MECHANICS AND DRIVERS

FROM: MICHAEL B. GARCIA

OWNER - OPERATOR

SUBJECT: UNIFIED COMPANY RULES ON THEPROCESS OF HIRING,

RECRUITMENT, SELECTION AND MAINTENANCE OF BUS UNITS
DATE: December 31, 2015

Pursuant to the existing guidelines of the Land Transportation Office (LTO) the Land
Transportation Franchising and Regulatory Board (LTFRB) to avoid accident, the
loss of life and damage to property in the road and to ensure that the company will
recruit, select and hire only those drivers who are diligent, competent and exercise
due care for the benefit of the riding public, everyone is enjoined to follow and
observe strictly the hiring process and rules on recruitment, selection and
maintenance of bus units, effective January 1, 2016, to wit:

A. Recruitment, Selection and Hiring of Drivers

1. Pre-selection:
Applicants for driver must submit and possess the following documents:
a. Barangay Clearance and police clearance not more than 6 months
from issuance;
b. Employment Certificate specifically stating the experience as driver
with the description of the vehicle operated;
c. Driver’s License
d. NBI Clearance
e. Drug Tests and Alcohol dependency tests
2. If complied, applicant will undergo actual driving tests with the supervision
of one (1) Chief Mechanic and the Operations Manager. During the test,
the driver applicant is rated/graded based on the degree of its focus,
concentration, reflexes, and road vision.
3. If certified by the Operations Manager and Chief Mechanic to have
passed the tests, the applicant driver must complete a training program
before the LTO accredited facility of the company on programs of traffic
rules and regulations for one week with allowance provided complete
attendance is achieved and favorable recommendation is attained.

B. VEHICLE MAINTENANCE
1. No vehicle shall be allowed to take a regular trip without first undergoing a
mandatory daily regular check-up and certified road worthy by our Chief
Mechanic. Every driver must not take passengers or take a regular trip if
and when it observes something is wrong with the unit he is operating. All
Units must maintain a maximum speed of 80 km per hour to avoid
accident.

C. PENALTY

Page 15 of 20
 1. Any violation of the foregoing company rules and regulations shall be
dealt with stiffer penalty aside from forfeiture of separation pay and
dishonorable dismissal.

For your strict compliance.

Republic of the Philippines)

City of Surigao ) S.S.
x--------------------------------------x

AFFIDAVIT

I, MICHAEL B. GARCIA, Filipino, of legal age, married and a resident of Rizal St., Surigao
City, after having sworn to in accordance with law hereby depose and state;

1. That I am the owner operator of Bachelorette Transit Co. with its principal office
located at Barangay Togbongon, Surigao City.
2. That as an owner-operator of Bachelorette Transit Co. I manages 15 buses with a
franchise operating its business within CARAGA Region particularly with route from
Surigao to Butuan and vice versa.
3. That all my drivers/employees should undergo several tests (driving, drug test, liquor,
etc.) before they were hired provided they possess the appropriate qualification,
experience, past employment and track record, barangay clearance, police
clearance, driver’s licensed and NBI clearance.
4. That, all drivers were required to complete the attendance on training programs of
traffic rules, vehicles maintenance and standard operating procedure in times of
emergencies.
5. That, the company’s standard operating procedure for all drivers is to observe and
follow to ensure observance of due diligence and the company imposes speed limit
to all its bus units,
6. That all the busses are mandatorily maintained and checked before and after their
respective trips and can only take its regular trip if certified by our chief mechanic to
have been proven roadworthy.
7. That the company imposes strict discipline on drivers and employees violating the
company rules to avoid accident.
8. That I executed this affidavit to attest to the truthfulness of the foregoing and that this
is my voluntary act and deed.

IN WITNESS WHEREOF, I have hereunto set my hands this 15 th day of December

2016 at Surigao City, Philippines.

MICHAEL B. GARCIA
Affiant

Subscribed and sworn to before me this 15th day of December 2016, who
acknowledges that the same is his voluntary act and deed, representing his Driver’s
License, with expiry date on June 12, 2019, GO1-324543k,

ATTY. SHERALYNE D. PEQUINA

Notary Public

Page 16 of 20
 Republic of the Philippines
REGIONAL TRIAL COURT
13th Judicial Region
Branch __
Surigao City

SARAH E. LEDINO,
Plaintiff
CIVIL CASE NO. _
-versus- FOR: DAMAGES

BACHELORETTE TRANSIT CO. and JACKSON A. GUTIERREZ,

Defendants.
x------------------------------------x

JUDICIAL AFFIDAVIT
OF
MICHAEL B. GARCIA

A. PRELIMINARY INFORMATION:

A. NAME AND OTHER PERSONAL CIRCUMSTANCE OF THE WITNESS:

Name : MICHAEL B. GARCIA

Age : 40
Address: Rizal St. Surigao City
Occupation: Owner-Operator of Bachelorette Transit Co.
Language: English, Filipino, Surigaonun

B. LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINATION

OF THE
WITNESS
Name: ATTY. SHERALYNE D. PEQUINA
Address: Suite 204 Cattleya Condominium
235 Salcedo Street, Legaspi Village, Surigao City
Place of Examination: PEQUINA PLAZA TRIPOLI LAW FIRM

II. OFFER

The testimony of the witness MICHAEL B GARCIA is being offered to prove

the:
1. Exercise of due diligence of a good father of a family in the selection and
supervision of its employees.

III. JUDICIAL AFFIDAVIT PROPER:

Page 17 of 20
 I, Michael B. Garcia, 40 years old, married, Filipino and residing at Rizal St,
Surigao City, under oath, depose:

1.Q – Please state your name, age, residence and occupation.

A – I am Michael B. Garcia, 40 years old, married and residing at Rizal St.
Surigao City, working as the owner-operator of Bachelorette Transit CO.

2.Q – Why are you here now?

A – To give sworn statement by way of judicial affidavit, the same to
constitute as
as my direct testimony in the above-captioned civil case;

3.Q – For the record please state the name and address of the lawyer who is
now
conducting or supervising your examination and the place where the
examination is being held.
A – The legal counsel for the defendants, Atty. Sheralyne Daz Pequina is
conducting or supervising my examination now at her
law office Pequina Tripoli Plaza Law Associates located at: P.
Reyers, Surigao City.
4.Q – On what language do you want your examination to be conducted?
A – I prefer it to be in English as well as my cross examination.

5.Q – Do you undertake to answer the question to be asked of you, fully

conscious
that you will do so under oath, and that you may face criminal liability
for false testimony or perjury?
A – Yes.

6.Q – Let us now proceed to the complaint, do you know the complainant?
A – Personally No, I just came to know them when they file the instant
complaint.

7.Q – How many years are you managing the Bachelorette Transit Co.
A- I am managing Bachelorette for 10 years when I inherited the said
company from my parents in the year 2006.

8Q – As manager of the company, based on its record, how many accidents

did the buses met since your assumption to office?
A – The are none even minor accidents.

9.Q – Before your assumption, can you recall of any accidents that your bus
company had incurred?
A – Yes, from the year 2000 to 2008 alone, based on its record it had
recorded a road accident of 4 major accidents and 5 minor accidents.

10.Q – Can you elaborate what did you consider major accident and minor
accidents
A - Major accidents is considered if there is either a total wreck of the vehicle
or at least one death among the passengers, while minor accidents does not have
death at all or that the vehicle can still be repaired.

11.Q – What was the cause of decline under your management?

A – I analysed and studied that since I am into a business of carrier, it is my
great obligation to observed proper diligence, not only proper, but a diligence of a
good faher of a family.

Page 18 of 20
 12.Q- What then then did you made to ensure that the diligence
abovementioned is observed?
A – I crafted strictier company policy rules and regulations on hiring,
recruitment and selection of drivers as well as strict bus maintenance procedure and
speed limit.

13.Q – Can you elaborate?

A – First, there is a pre-selection, where applicant/drivers must possess the
following; Barangay Clearance, Police Clearance, NBI Clerance, qualification,
experience, past employment track record and appropriate driver’s license. If they
can comply that, they have to go through series of tests, driving skills, drug tests and
liquor tests. They also have to attend training programs for traffic rules and
regulations. Besides that, I also impose mandatory regular bus check-up before they
are allowed to take their regular trips with speed limit.

14.Q – Do you think there was substantial compliance with the law with what
your company is implementing?
A – My primary concern is the safety of the riding public and my bus company
to deliver the best and safest travel towards their respective destinations, I firmly
believe that drivers play a great role in doing such, thus, there is substantial
compliance with the requirement of the due diligence required under the law on
common carriers like my company.

Nothing follows

Surigao City, Philippines December 15, 2016

Affiant

Subscribed and sworn to before me in the City of Surigao, December

15, 2016 affiant showing her competent proof of identity, to wit. COMELE ID and
TIN ID

Notary Public

Doc No.
Page No.
Book No.
Series of 2016

IV. EXHIBITS ATTACHED TO THE JUDICIAL AFFIDAVIT

Exh. Annex 1, 4 and 5, supra.
V. SWORN ATTESTATION WHO CONDUCTED OR SUPERVISED THE
EXAMINATION OF THE WITNESS

The undersigned ATTY. SHERALYNE D. PEQUINA of legal age, married and

with law office address at Pequina Tripoli Plaza Associates, P. Reyes, Surigao City,
under oath, depose and states:

1. She is the Legal Counsel for the Defendants in the above entitled case;
2. He faithfully recorded or caused to be recorded the questions he asked and
the corresponding answers that the above named witness gave;
3. Neither she or any other person then present or assisting him coached the
witness regarding the latter’s answers and;
4. He conducted the examination of the witness at her law office located at ----

Surigao City, Philippines, December 15, 2016.

Page 19 of 20
 SHERALYNE DAZ PEQUINA
Counsel for Defendant

Suite 204 Cattleya Condominium

235 Salcedo Street, Legaspi Village, Surigao City
Mobile No. (63) 998 976 6906
Email Address: atty.sdpequina@gmail.com

Roll No. 57043

IBP No. 856002 - 12-12-2012; Surigao City
PTR No. 3674489 - 01-07-2013; Surigao City
MCLE Compliance No. IV-0014545; 04-15-2013

Subscribed and sworn to before me in the City of Surigao, December 15, 2016
affiant showing her competent proof of identity, to wit. COMELE ID and TIN ID

Doc No. 4 ATTY. MAO KINI

Page No. 4 NOTARY PUBLIC
Book No. 4 Until December 31, 2016
Series of 2016 Roll No. 2222
IBP No. 856002 - 12-12-2013; Surigao City
PTR No. 3674489 - 01-07-2013; Surigao City
MCLE Compliance No. IV-0012135; 04-15-2013

Page 20 of 20