Branch Clerk of Court: Adel Udarbe

Court Interpreter: Mary Alelie Batino

Stenographer: Kristine Mae Jimenez

Fiscal: Maria Angela Perez

Private Prosecutor: Steven Wayne Pardo

Accused: Robert Suarez

Witness/ Private Complainant: Diamela Apolinario

Clerk: Fareed Alyahna Babate

Defense Counsel/ PAO: Jay Flores

COURT INTERPRETER: All rise. By the authority of the Honorable Presiding Judge Amelia Infante, the
Court is now in session. Silence is hereby ordered.

Let’s all pray. Almighty God, we stand in your holy presence as our Supreme Judg. We humbly beseech
you to bless us and inspire us so that what we think, say and do will be in accordance with Your will.
Enlighten our minds, strengthen our spirit and fill our hearts with fraternal love, wisdom and
understanding, so that we can be effective channels of truth, justice and peace. In our proceedings
today, guide us in the path of righteousness for the fulfillment of Your greater glory. Amen.

For arraignment, we are calling the case of People of the Philippines versus Robert Sans Suarez for
Reckless Imprudence Resulting to Serious Physical Injuries.

DEFENSE COUNSEL: I’m Atty. Jay Flores for the accused, Your Honor.

FISCAL: For the Government, Your Honor.

PRIVATE PROSECUTION: I’m Atty. Steve Pardo, private prosecutor under the direct control and
supervision of the Public Prosecutor, for the complainant, Your Honor.

COURT INTERPRETER: You, Robert Sans Suarez, are being accused of Reckless Imprudence Resulting to
Serious Physical Injuries, that on or about the 7th of January 209, in the City of Las Piñas, Philippines, and
within the jurisdiction of this Honorable Court, the above- named accused, being then the driver and
person in charge of Suzuki motorcycle bearing plate number AB1234, without due regard to traffic laws,
rules and regulations and without taking the necessary care and precaution to avoid injuries to person
did then and there willfully, unlawfully and feloniously, drive, manage, and operate the said vehicle in a
reckless, careless and negligent manner as a result of which, the said vehicle being then driven and
operated by him bumped a pedestrian, DIAMELA APOLINARIO, thereby inflicting upon the latter physical
injuries which required medical attendance for a period of more than thirty (30) days and incapacitated
her from performing her customary labor for the same period of time. The same is contrary to law. How
do you plea?

ACCUSED: Not guilty

COURT INTERPRETER: The accused pleaded not guilty Your honor.

PRE- TRIAL

COURT INTERPRETER: For the pre- trial conference, Your Honor.

PRIVATE PROSECUTOR: Will the defense admit the jurisdiction of the Court?

DEFENSE COUNSEL: Admitted, Your Honor.

PRIVATE PROSECUTOR: For the prosecutor’s exhibits, Your Honor, we request that the Complaint
Affidavit be marked as Exhibit “A”, the sketch of the immediate vicinity of the site of the accident be
marked as Exhibit “B”, Your Honor, the medical certificate of Diamela Apolinario as Exhibit “C”, Your
Honor, the record of the operation from the Las Piñas Doctors as Exhibit “D”, Your Honor, the receipts
for the medical expenses as Exhibit “E”, Your Honor, the receipt for rehabilitation expenses as Exhibit
“F”, Your Honor and the Summary of Expenses as Exhibit “G”, Your Honor.

DEFENSE COUNSEL: For the defense, Your Honor, we would like to request the Counter- Affidavit of
Robert Sans Suarez as Exhibit “1”, Your Honor. We reserve other markings as the trial progresses, Your
Honor.

PRIVATE PROSECUTOR: For our witnesses, Your Honor, we will present three witnesses, Your Honor.

DEFENSE COUNSEL: For the defense, we will present two witnesses, Your Honor.

PRESENTATION OF PROSECUTION EVIDENCE

COURT INTERPRETER: For the presentation of the prosecutor evidence

PRIVATE PROSECUTOR: We are calling to the witness stand the private complainant, Diamela Apolinario

COURT INTERPRETER: Please raise your right hand. Do you swear to tell the truth, the whole truth and
nothing but the truth before this proceeding?
WITNESS: Opo.

COURT INTERPRETER: Please state your name, age, address, occupation and marital status

WITNESS: Diamela Apolinario, etc…

COURT INTERPRETER: The witness is now ready, Your Honor.

PRIVATE PROSECUTOR: May I proceed, Your Honor?

PRIVATE PROSECUTOR: Your Honor, we are offering the testimony of the witness to prove the material
allegations stated in the Information, and to prove other matters pertinent to the case and for the
witness to identify the documents in relation to this case.

PRIVATE PROSECUTOR: Ms. Witness, where were you on January 7,2019 at around 7: 35 in the morning?

WITNESS: Papasok po ng office sa Las Piñas City Hall.

PRIVATE PROSECUTOR: And were you able to go to the office on that day?

WITNESS: Hindi po.

PRIVATE PROSECUTOR: Why?

WITNESS: Nasagasaan po ako ng motor.

PRIVATE PROSECUTOR: Where did this incident happen?

WITNESS: Sa may tapat po ng Las Piñas City Hall

PRIVATE PROSECUTOR: Who was driving this motorcycle which bumped you?

WITNESS: Robert Sans Suarez

PRIVATE PROSECUTOR: Please tell the Court how you were bumped.

WITNESS: Patawid po ako tapos malapit na po ako sa pedestrian no’ng nabangga niya po ako.

PRIVATE PROSECUTOR: If you are going to the office, where were you then facing when you were about
to cross the pedestrian lane?

WITNESS: Sa harap, papasok po.

PRIVATE PROSECUTOR: You were facing the City Hall?

WITNESS:Opo.
PRIVATE PROSECUTOR: Where was the motorcycle driven by the accused coming from? From your left
or from your right?

WITNESS: From my right po

PRIVATE PROSECUTOR: Before crossing the street, what did you do, if any, to check if it safe to cross the
street?

WITNESS: Tumingin po ako sa kaliwa’t kanan po tapos noong patawid na po ako, saktong malapit na po
kasi ako sa dulo

PRIVATE PROSECUTOR: You said you looked to your left and right. When you looked to your right, what
did you see if any?

WITNESS: Nakita ko po yung motor niya po mabilis po.

PRIVATE PROSECUTOR: And how far was the motorcycle from you?

WITNESS: Hindi ko po matantiya.

PRIVATE PROSECUTOR: More or less, in meters, how many meters?

WITNESS: Mga 5 meters po yata or ten

PRIVATE PROSECUTOR: Did you notice if the driver of the motorcycle slowed down?

WITNESS: Hindi po kasi masyado po talagang mabilis yung motor.

PRIVATE PROSECUTOR: When you were bumped, where were you?

WITNESS: Nasa pedestrian po. Medyo nag half step po ako. Akala ko po hindi po ako matutuluyan kaso
lang po inabot po ako.

PRIVATE PROSECUTOR: Please describe the road at that time, the street. Is it a straight straight or curve
street?

WITNESS: Straight po.

PRIVATE PROSECUTOR: You said you saw the motorcycle driven by the accused coming from your right?

WITNESS: Opo.

PRIVATE PROSECUTOR: Were you hidden from any vehicle?

WITNESS: Marami pong mga sasakyan. Noong patawid na po ako, sakto po na siya na po yung nakita ko.
Marami po kasing mga sasakyan na dumadaan. Tapos noong malapit nap o ako sa dulom sakto pong
andon na siya.
PRIVATE PROSECUTOR: you said you were bumped by the motorcycle driven by the accused. What
happened to you if any?

WITNESS: Noong nabangga po ako, tumilapon po ako. Tapos pagkatingin ko po sa paa ko, bali na po.

PRIVATE PROSECUTOR: And who helped you at that time?

WITNESS: Yung mga Barangay Tanod po.

PRIVATE PROSECUTOR: Did you seek medical attention?

WITNESS: Opo.

PRIVATE PROSECUTOR: And where were you brought for medical attention?

WITNESS: Sa Las Piñas Doctors po.

PRIVATE PROSECUTOR: And were you confined?

WITNESS: Opo.

PRIVATE PROSECUTOR: How many days were you confined?

WITNESS: Three weeks po.

PRIVATE PROSECUTOR: Please describe your condition when you were brought to the hospital.

WITNESS: Pilay po ako. Nabali po yung paa ko.

PRIVATE PROSECUTOR: and what medical procedure was done to you if any?

WITNESS: Inoperahan po ako. Nilagyan po ng bakal yung paa ko.

PRIVATE PROSECUTOR: Ms. Witness, with regard to the injuries you sustained, do you have any
documentary proof to show said injuries?

WITNESS: Meron po. Yung medical certificate ko po.

PRIVATE PROSECUTOR: Do you have it with you right now?