investigation report

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Republic of the Philippines National Police Commission PHILIPPINE NATIONAL POLICE LEGAZPI CITY POLICE STATION Alternate Road, Brgy 37, Bitano, Legazpi City E-mail: [email protected] Tel. Nr. (052) 821-7947 MEMORANDUM FOR : Officer in Charge Albay Police Provincial Office Camp General Simeon A. Ola, Legazpi City (Attn: C, PIDMS) SUBJECT : Investigation Report Re: Alleged Simple Imprudence Causing Damages to Property (that transpired along Magayon Drive Doña Maria Subdivision, Daraga Albay and) Unjust Vexation with Light Coercion that transpired at Vinzon St. Albay District, Legazpi City DATE : September 16, 2014 I. AUTHORITY: 1. Legazpi City Police Station CPAC 2 Blotter Entries no.0627, 0628, 0629 dated September 14, 2014 and CPO Blotter Entries 1759 and 1760 dated September 15, 2014 2. Inherent Police Functions 3. Standard Operating Procedure II. MATTERS INVESTIGATED: 4. To determine fact and circumstances surrounding the incident. 5. To determine other relevant matters that would require further police actions. 6. To determine the extent of damages incurred by Chevrolet bearing plate no.WOA-536. III. FACTS OF THE CASE: 7. On or about 11:50 in the evening of September 14, 2014 Brgy. Tanod of Baño, Legazpi City reported and seek police assistance on the alleged vehicular accident at Vinzon St., Albay District, Legazpi City. PO2 Andrew Taduran was dispatched and returned station together with the the alleged involved parties.

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Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

MEMORANDUM

FOR : Officer in ChargeAlbay Police Provincial Office Camp General Simeon A. Ola, Legazpi City(Attn: C, PIDMS)

SUBJECT : Investigation Report Re: Alleged Simple Imprudence Causing Damages to Property (that transpired along Magayon Drive Doña Maria Subdivision, Daraga Albay and) Unjust Vexation with Light Coercion that transpired at Vinzon St. Albay District, Legazpi City

DATE : September 16, 2014

I. AUTHORITY:

1. Legazpi City Police Station CPAC 2 Blotter Entries no.0627, 0628, 0629 dated September 14, 2014 and CPO Blotter Entries 1759 and 1760 dated September 15, 2014

2. Inherent Police Functions3. Standard Operating Procedure

II. MATTERS INVESTIGATED:

4. To determine fact and circumstances surrounding the incident.5. To determine other relevant matters that would require further

police actions. 6. To determine the extent of damages incurred by Chevrolet

bearing plate no.WOA-536.

III. FACTS OF THE CASE:

7. On or about 11:50 in the evening of September 14, 2014 Brgy. Tanod of Baño, Legazpi City reported and seek police assistance on the alleged vehicular accident at Vinzon St., Albay District, Legazpi City. PO2 Andrew Taduran was dispatched and returned station together with the the alleged involved parties.

Upon confrontation at LCPS-CPAC 2 office, Sonny Wilson Merioles y Rejuso, 32 y/o, married, a resident of Legazpi City with temporary rented apartment along Magayon Drive Doña Maria, Subdivision Daraga Albay ( referred to as V1 driver ) requested to put into record that while his vehicle Chevrolet Trail Blazer, color Auburn, bearing plate no. WOA-536 was park unattended at the side of the road fronting his apartment he heard an impact of collision and upon verification a color Red SUV Hit his vehicle and shouted to the driver not to left but fled, he then chased said vehicle by passing F. Aquende Drive, Albay District, until he reached Vinzon St. Old

Albay district, Legazpi City. Then and there he found a color Red vehicle and flagged it down and asked the driver where they came from, however Ramon Deona y Pelota, 48 y/o, married a resident of Brgy. 1 Em’s Barrio, Legazpi City (referred to as V2 driver), holder of LTO NPDL no. NO2-98-005689, with restriction code 1 & 2 valid until 2015-06-16. The driver of Toyota Revo Wagon, color Maroon, bearing plate no. XNV-741 alleged that while driving his vehicle coming from B. Imperial St., fronting Legazpi City Police Station to fetched her daughter and daughter’s friend, they proceeded towards Albay District traversing Alternate road and turned left to Washington Drive, Legazpi City, On board in the said vehicle were Alve Deona, Keisha Coleen Deona, 17 y/o, minor and Bryle John Gerero and upon reaching Vinzon St., Albay District Ramon saw a vehicle from his side mirror and suddenly overtook him near Peter Judilla Store and stop in front of them. On that juncture he droved backward his vehicle and step down and walk with her wife towards the fruit stand nearby. The driver of V1 alighted, came nearer and confronted them and asking in bikol dialect “Sain kamo hali” which he did not replied and averred “Buyong, Buyong” not intended to other driver. It was witness by Peter Judilla y Igot, 59 y/o, married a resident of Brgy. Tula-Tula, Albay District, Legazpi City. Few minutes lapse, the responding police officer arrive together with the Brgy. Tanod Niño Arabia and they were brought at the Police Station at Albay District, Legazpi City.(Hereto attached the copy of excerpt from LCPS-CPAC2 Blotter Entry no. 0627 and 0628 dated September 14, 2014 as Tab “A”)

8. In the investigation conducted by the duty traffic investigator in the alleged vehicular incident disclosed that after verification and ocular inspection to the alleged damages revealed that V1 vehicle incurred damage at the back portion particularly at the left signal light, it was broken and measured 1.25 meters in height from the concrete surface, crack signal light holder, misalligned left side bumper, scratches on the bumper measuring .72 meters in height from the concrete surface, and bumper dent/scratches measuring .55 meters in height from the concrete surface while V2 has no current damage. Visible old scratches at the right side bumper, then the stainless bumper were measured .58 meters in height from concrete surface and the right headlight were tied by a scotch adhesive tape. Damages were photograph (Hereto attached the copy of the excerpt from LCPS-CPO Blotter Entry no. 1759 & 1760 dated September 15, 2014 as Tab "B" and Photograph of Damages vehicle with measured as Tab “C”).

9. Follow-up investigation conducted by the duty traffic investigators in the place of incident particularly in front of the rented apartment of V1 driver at Magayon Drive Doña Maria Subdivision, Daraga Albay. The place was dark and some of the debris of V1 was recovered at the side of the road fronting his rented apartment, indicating that V1 was park facing to Magayon Drive Legazpi City. Further, a walk-thru was made and disclosed that it was not suitable for parking for it was narrow there and the in coming vehicle from Legazpi City were blinded by the curve lane. The vehicle moving in opposite direction will be surprised and probably had a tendency to maneuver to the right. Furthermore, no bystanders were found for possible eyewitness of the incident.(Hereto attached the Photograph in the place of incident along Magayon Drive Doña Maria Subdivision Daraga Albay as Tab “D”).

10. In the statement of one Niño Arabia y Aycocho, single and a resident of Brgy. Baño,Albay District, Legazpi City, that on or about 11:45 PM, September 14, 2014 while in the performance of his tour of duty as Brgy. Tanod together with companion Brgy. Tanod Samson Gubaton averred that while conducting roving at the said area, they saw a Chevrolet moving backward and the driver step down in his vehicle and they heard the driver asking the other driver in Bikol dialect to wit; “Saan kayo galing, Saan kayo galing” and he immediately left the place to seek for a police assistance. (Hereto attached the copy of the excerpt from LCPS-CPAC 2 Blotter Entry no.0629 dated September 15, 2014 as Tab "E").

IV. DISCUSSIONS/FINDINGS:

11. In this instant case under investigation and both parties have a respective allegation related with the incident. In the statement of V1 driver he only saw a Red SUV hit and damages his vehicle while on park at the side of the road thereafter fled toward Legazpi City without identifying the LTO plate number and the model of the suspected vehicle, upon chased he chance upon another vehicle that he wasn’t sure. Upon confrontation, the first question of the V1 driver was “Sain kamo hali?” (Where do you come from) the V1 driver is not certain. PO2 Adrew Taduran responded and brought them in this station, Ocular inspection was made by PInsp Reynaldo Castuera and personnel of CPAC2 and they recovered a particles left by the other vehicle attach to the bumper as cause by strong impact of damages. In the statement of V2 driver fetch his daughter and daughter”s friend who were both minors at B. Imperial St. Bitano, legazpi City thereafter proceeded at Albay district traversing Alternater road and F. Aquende drive and upon reaching Vinzon St. he saw a vehicle at the side mirror, that overtook and stop in front of them, V2 driver prevented from being hit, indicating that he cautiously drive his vehicle in favor to other road user, instead of flaring up he move backward and alighted in his driven vehicle. Both drivers were advised to undergo medical examination at BRTTH by personnel of CPAC2 due to the suspicious smelling of alcoholic breath but V1 driver refused while V2 driver voluntarily submitted himself with hospital no.0245622.

In the ocular inspection made by the duty traffic investigators to

the vehicles presented by CPAC2 personnel V1 damages were situated at the back left side portion from top (signal light-broaken) vertically measured 1.25 mtr through concrete surface, bumper(scratches) measured vertically .72 mtr through concrete surface and lower bumper dents inward and scratches vertically measured .55 mtr through concrete surface while V2 stainless bumper vertically measured .58 mtr through concrete surface it was no sign of dents inward nor misalligned, bumper were visible old scratches only and the right side headlight were tied by a scotch adhesive tape around with it.

In the follow-up investigation the duty traffic investigator conducted ocular investigation at the place of incident disclosed that the place were dim, the road were narrow and near a blind curve and upon walk-thru, some of debris were recovered near the side of the road indicating that his vehicle were facing toward Legazpi City Airport. Further the place were photograph and the recovered debris. V. CONCLUSION:

12. After a careful perusal surrounding this particular incident, a fact of comparison related with the damage incurred by V1 were not appropriate/matched as to the vertical hieght, structure of the vehicle and to the damages of V2. The V1 driver concluded cause by the color and the route traversing by V2. That a fact V2 were enroute to his residence on board a friend of his daughter. In the disposition of CPAC2 personnel related with the drivers suspected smelling alcoholic breath they submitted both drivers but only the V2 driver voluntarily submitted himself for medical attention while V1 defensively refused the procedure.

VI. RECOMMENDATION:

13. Wherefore, in view of the foregoing, the undersigned respectfully recommends that debris recovered and both vehicles will undergo field laboratory examination at RCLO5 for paints comparison and parties involved will file their separate complaint against each other.

PREPARED BY: NOTED BY:

Gary B. Amaranto Nathaniel Revereza Jacob

Senior Police Officer I Police Inspector And Chief, Investigation Section

Iyvn E. VillanuevaPolice Officer IIIOfficers-on-Case

APPROVED BY:

ALEX SAVILLA PEDERIO Police Superintendent Officer-In-Charge

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

TRAFFIC ACCIDENT INVESTIGATION REPORT

I. WHERE: Rizal Street, Legazpi City (Infront of St. Agnes Academy)

II WHEN: Sunday January 26, 2014 10:45 AM Fair(Day of Week) (Date) (Time) (Weather Condition)

III. WHAT: Vehicle Versus: (x) Another Vehicle( ) Pedestrian( ) Fix Object

IV. TYPE OF ACCIDENT: ( ) Fatal (x ) Non Fatal (x ) Damage of Property ( ) Head On (x) Rear End (x ) Angle ( ) Sideswiped same Direction ( ) Sideswiped Opposite

Direction

V. Number of Vehicle Involve:Two (2) Road Condition/Character : Straight and asphalt

VEHICLE 1 VEHICLE 2

Type: Sports Utility Vehicle Tricycle

Make & Model: Montero Sports Yamaha Plate Number: EBV-652 DX-1912 Classification: Private Private

Driven by: Roseleen Vasquez y Panganiban Edison Abarrientos yBol Camp Gen. Simeon A. Ola, Brgy 37 Bitano, Legazpi City Occupation: Government Employee Businessman

Drivers License No.: N04-94-303329 E02-79-013962Nationality & Age:Filipino /47 years old Filipino/ 56 years old

Sex & Civil Status: Male/Married Male/MarriedVehicle Owner: Claire P. Juquiana Rufo Banasihan Address: #121 F. 10th Avenue, Malaban Biñan, Laguna

East, Rembo, Makati City Reg. Cert. & File Certificate of Registration No. Not yet redeemed 361328085

BRIEF NARRATION OF FACTS:

On or about 10:45 AM of January 26, 2014 vehicular accident that transpired along J. B Alegre St. Corner Marquez St. Brgy. Tula Tula, Old Albay District Legazpi City wherein involved vehicle were V-1 (Mitsubishi Montero Sports, bearing plate no. EBV 652, driven by Roseleen Vasquez y Panganiban, 27 years old, married, resident of camp Gen. Simeon A. Ola, Legazpi City, holder of NPDL no. EO2-08-001610 with restriction code 1&2 V-2 (Tricycle, Honda Tmx 155 (for hire) Parada 2A, bearing plate no. ER 7691 under OR no. 309941660 dated 1/09/2013 and CR no. 9474730-6 dated 1/14/2010, registered to Rodolfo Tamo Jr. resident of Brgy 66 San Francisco Legazpi City, driven by Niño Valladolid y Abinion, 37 years old, married, resident of Sitio Tagontong, Brgy 56 Taysan Legazpi City, holder of LTO PDL no. EO2-96-032094 with restriction code Rizal Street, Legazpi City particularly infront of St Agnes Academy, Legazpi City wherein involved vehicle were V-1 (Toyota Innova, color black, bearing plate no. TV-4700, driven by Hansel Armeña y Chavez, 46 years old, a resident of Brgy. 6 Bañadero, Legazpi City, holder of Professional license no. N02-94-303329 with restriction code no. 2,3) and V-2 (Yamaha motorcycle with sidecar bearing plate no. DX-1912, private, driven by Edison Abarrientos y Bolofer, 56 years old, resident of Purok 3 Brgy 37 Bitano, Legazpi City, holder of Professional license no. E02-79-013962, registered to Rufo Banasihan, under OR no. 361328085 dated March 5, 2013).

Initial investigation conducted by the responding police officers PO2 Mark Joseph Pechuela, PO1 Homer Solano and PO2 Jay Macasinag disclosed that V-1 and V-2 were traversing same direction heading to Albay district from Legazpi City proper and upon reaching along Rizal Street, Legazpi City particularly infront of St Agnes Academy, Legazpi City V-1 (Toyota Innova bearing plate no. TV-4700) accidentally bumped/hit the rear portion of V-2 (Yamaha motorcycle with sidecar bearing plate no. DX-1912) that rested at the outer side of the lane and V-1 rested at the outer side of the lane measuring more or less twenty (20) meters at its final position as the consequence thereof the driver of V-2 was pinned his driven vehicles because of the strong impact of the collision thus, sustaining serious injuries on different parts of his body who rushed to the hospital thereafter, however while at the hospital at about 9:10 AM of February 7, 2014 was declared dead by the attending physician.

ACTION TAKEN:

SPO1 Gary Amaranto and P03 Villanueva duty traffic investigator together with the first responding police officer of CPAC2 composed of PO2 Pechuela, PO1 Solano and PO1 Macasinag, conducted investigation procedure at the scene of incident after the driver/victim of motorcycle was rescued by personnel of AHEM and immidiately rushed at BRTTH, Legazpi City for medication. Further, driver of V-1 Toyota Innova was issued of TOP for reckless driving and driver of V-1 was under custody of this office for filing appropriate criminal complaint against the same.

REMARKS/DISPOSITION:

Thus going ahead has the last clear chance to see other vehicle from ahead. That the driver from behind sees a situation of danger exist or is imminent driver is bound to up with reasonable caution to avoid another vehicle even it involve in actual stopping of his driver vehicle which in the scene of incident no skid mark and tire mark found.

CONCLUSION/RECOMMENDATION:

After careful perusal of circumstances surrounding this particular incident, prima facie exist that the driver of Toyota Innova displayed lack of foresight, precaution indeed not exercise the proper degree of care while there to cercumbent the impending collision that resulted to the damage to property and immediate/instantanious death of the driver/victim.

Wherefore in view of the foregoing, this office hereby recommend that a Case for Reckles Imprudence resulting to Homicide and Damage to Property be filed against the driver of V-1 one Hansel Armeña y Chavez, 47 y/o, married, driver, of Number 8 Brgy. Bañadero, Legazpi City.

Prepared by: SPO1 Gary B. Amaranto

PO3 Ivyn E. Villanueva

Approved by:

ROMMEL BLAZO DE LA RAMAPolice SuperintendentActing Chief of Police

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

TRAFFIC ACCIDENT INVESTIGATION REPORT

I. WHERE: National Highway of P-8, Brgy. Bigaa, Legazpi City (Infront of Bigaa Elementary School)

II WHEN: Friday August 16, 2013 7:30 AM Fair(Day of Week) (Date) (Time) (Weather Condition)

III. WHAT: Vehicle Versus: (x) Another Vehicle( ) Pedestrian( ) Fix Object

IV. TYPE OF ACCIDENT: (x) Fatal ( ) Non Fatal ( ) Damage of Property ( ) Head On (x) Rear End ( ) Angle ( ) Sideswiped same Direction ( ) Sideswiped Opposite

Direction

V. Number of Vehicle Involve: Two (2) Road Condition/Character : Straight and Flat

VEHICLE 1 VEHICLE 2

Type: PUJ Bus

Make & Model: Isuzu Daewoo, BF106

Plate Number: EVS-419 EVR-708Classification: For Hire For HireDriven by: Freddie Dajac y Datu Graciano Mendoza y MortegaAddress: Manito, Albay Brgy. Don Tomas, Sta. Elena

Calauag, Quezon Occupation: Driver DriverDrivers License No.: EO2-10-003128 E07-80-000981Nationality & Age: Filipino/27 years old Filipino/ 53 years old

Sex & Civil Status: Male/Married Male/MarriedVehicle Owner: Robert R. Contreras Raymond TransportationAddress: Brgy. 38 Gogon Barriada, 246 Sta. Terisita St. Corner

Legazpi City Legarda St. Sampaloc, Manila

Reg. Cert. & File: CR No.: 11674576-4 dtd2/24/2011 9959241-5 dtd 7/29/2010

OR No.:247371375 dtd 9/24/2012 247488990 dtd 8/31/2012 Insurance:

BRIEF NARRATION OF FACTS:

On or about 7:25AM of August 16, 2013 PSO Bustamante personally informed CPAC1 Office that a vehicular accident transpired along National Highway of P-8 Brgy. Bigaa, near Bigaa Elementary School, Legazpi City, immediately PO1 Granadillos were dispatched, likewise duty investigator SPO1 Amaranto and PO3 Balunzo also informed and responded thereat, upon returned of the responding Police Officer indeed with information that a traffic accident occured at about 7:00AM this date and the involved vehicles were as follows:

V-1 Isuzu passenger Utility Jitney with route Daraga-Rawis “A” and vice versa bearing plate number EVS-419 registered to Robert R. Contreras of Brgy. 38 Barriada, Legazpi City, under CR no. 11674576-4 dtd 2/24/2011 and OR no. 247371375 dtd 9/24/2012, driven by one Freddie Dajac y Datu, 27 years old married and a resident of Manito, Albay possesor of LTO Driver’s License no. E02-10-003128, restriction code 1 & 2, valid until 2016/05/10.

V-2 Raymund Bus with plate no. EVR-708 with body no. 9118 registered to Raymond Transportation with postal address at 246 Sta. Terisita St. Corner Legarda Sampaloc Manila, NCR 1St. District, under CR no.9959241-5 dtd 7/29/2010 and OR no.247488990 dtd 8/31/2012, driven by Graciano Mendoza y Mortega a resident of Brgy. Don Tomas, Sta. Elena Calauag, Quezon, possesor of LTO Driver’s License no.DO7-80-000981 restriction code 1, 2, 3, & 8 valid until 2015/12/18.

Initial investigation conducted by the first responding policemen disclosed that V1 is travelling towards Sto. Domingo direction but on stop positioned due to traffic congestion ahead, whileV2 is moving also in the same direction followed the V1 then accidentaly hit/bumped from behind the V1 as a result the male passenger who was about to ride on V1 was pinned by the two vehicle, wherein the victim sustained injuries and subsequently brought to the nearest Hospital for medical treatment. Both vehicles incurred damaged to the abovementioned accident. Referred to duty traffic invest for follow-up of the identity of the passenger victim.

In relation to CPAC1 Blotter Entry no. 236 and 237, SPO1 Gary Amaranto and PO3 Herwin Balonzo conducted initial investigation regarding the reported

vehicular accident that transpired at P-8 Brgy. Bigaa, Legazpi City. On or about 7:45 AM august 16, 2013 responding policemen arrived in the area and found out that the 1st responder in the incident is PO2 Elman Granadillos together with Brgy Chairman Molina decided to remove the vehicles in the accounts of the witnesses Mary Jane Cordovilla y Bareda, 42 years old, married and Roberto Ajero y Alzaga, 44 yrs old, single, both resident of Brgy Bigaa this City that both vehicles were traversing National Road of Brgy. Bigaa, Legazpi City heading towards Sto. Domingo Albay, the passenger jeepney with plate no. EVF-419 being driven by one Freddie Dajac y Datu, 27 years old, married, a resident of Manito Albay posessor of LTO drivers license no. EO2-10-003128 was ahead to Raymund Bus with plate no. EVR-708 being driven by one Graciano Mendoza y Mortega, a resident of Calauag, Quezon, posessor of LTO drivers license no. EO7-80-000981, However, upon reaching in front of Cordovilla Store at P-8 Brgy. Bigaa, Legazpi City. The Passenger jitney stopped but accidentally bumped from behind by a passenger bus, resulted to hit the male passenger of said jeepney who was hanged-up on the rear portion of said vehicle. Concerned citizen brought the victim who identified as one Avelino Velasco y Alvania, 34 years old, married, a resident of Brgy. Puro, Legazpi City at Albay Doctors Hospital but later transferred to BRTTH. In the follow-up investigation of the responding policemen the victim sustained injury on his head and multiple laceration on his face. The victim is subject for confinement and under observation of the attending doctor of BRTTH, Dr. Pornoles.

Dispo: The driver of Raymond Bus was turned over to this station by the personnel of CPAC-1 to PO2 Florence Karl Abalos duty traffic investigator. Both drivers were issued citation ticket. At about 7:00 PM August 16, 2013 Graciano Mendoza was released from the custody of this station unharmed, unmolested and in good physical condition this time and date.

In relation to CPO Blotter Entry no. 0598, SPO1 Gary Amaranto traffic investigator released the passenger jeepney vehicle bearing plate no. EVS-419 to the driver, Freddie D. Dajac upon submission of Affidavit of Undertaking duly signed and annotated by Chris Ajero Notary Public dated August 16, 2013 this time and date.

In relation to CPAC-1 Blotter Entry no. 236,237 and CPO Blotter Entry no. 0598, PO2 Florence Karl Abalos released the passenger Bus bearing LTO plate no. EVR 708 and ignition key to Perfecto Madlangbayan terminal dispatcher and representative of Raymond Transportation, 39 years old, married, and a resident of Calagbangan Sipocot, Camarines Sur. Further, the latter manifested that said Bus Company is willing to help the victim(Passenger of the Jeepney) of all the medical expenses. Likewise, they went to BRTTH to follow-up the situation of the victim.

In relation to CPO Blotter Entry no. 0598, PO2 Abalos Duty traffic investigator conducted follow-up investigation at BRTTH regarding the accident that transpired along National Road, P-8 Brgy. Bigaa, Legazpi City wherein the victim identified as one Avelino Velasco y Alvania, 34 years old, married, resident of Brgy. Puro Legazpi City, said victim was confined at Surgery Ward at BRTTH for medical observation/exam by attending physician Dr. Fornales. Further, the victim was attended this time and date at BRTTH by one Oscar Velasco brother of the victim.

In relation to CPO Blotter Entry no. 0598, 0603 and CPAC-5 Blotter Entry no. 236, Mr. Perfecto Madlangbayan, dispatcher of Raymond Transportation appeared to this office and recieved the certificate of no claim and passenger accident insurance of V-1 this time and date.

ACTION TAKEN:

SPO1 Gary Amaranto and P03 Villanueva duty traffic investigator together with the first responding police officer of CPAC2 composed of PO2 Pechuela, PO1 Solano and PO1 Macasinag, conducted investigation procedure at the scene of incident after the driver/victim of motorcycle was rescued by personnel of AHEM and immidiately rushed at BRTTH, Legazpi City for medication. Further, driver of V-1 Toyota Innova was issued of TOP for reckless driving and driver of V-1 was under custody of this office for filing appropriate criminal complaint against the same.

REMARKS/DISPOSITION:

Thus going ahead has the last clear chance to see other vehicle from ahead. That the driver from behind sees a situation of danger exist or is imminent driver is bound to up with reasonable caution to avoid another vehicle even it involve in actual stopping of his driver vehicle which in the scene of incident no skid mark and tire mark found.

CONCLUSION/RECOMMENDATION:

After careful perusal of circumstances surrounding this particular incident, prima facie exist that the driver of Toyota Innova displayed lack of foresight, precaution indeed not exercise the proper degree of care while there to cercumbent the impending collision that resulted to the damage to property and immediate/instantanious death of the driver/victim.

Wherefore in view of the foregoing, this office hereby recommend that a Case for Reckles Imprudence resulting to Homicide and Damage to Property be filed against the driver of V-1 one Hansel Armeña y Chavez, 47 y/o, married, driver, of Number 8 Brgy. Bañadero, Legazpi City.

Prepared by: SPO1 Gary B. Amaranto

PO3 Ivyn E. Villanueva

Approved by:

ROMMEL BLAZO DE LA RAMAPolice SuperintendentActing Chief of Police

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

TRAFFIC ACCIDENT INVESTIGATION REPORT

II. WHERE: Taysan Road, Legazpi City ( fronting Herardo Araña Store, P-1 Brgy 56, Taysan Legazpi City)

II WHEN: Sunday May 18, 2014 2:15 PM Fair(Day of Week) (Date) (Time) (Weather Condition)

III. WHAT: Vehicle Versus: () Another Vehicle (x ) Pedestrian( ) Fix Object

IV. TYPE OF ACCIDENT: (x) Fatal ( ) Non Fatal (x) Damage of Property (x ) Head On ( ) Rear End ( ) Angle ( ) Sideswiped same Direction ( ) Sideswiped Opposite

Direction

V. Number of Vehicle Involve:Two (1) Road Condition/Character : Straight and asphalt

VEHICLE 1

Type: Motorcycle Sports Utility VehicleMake & Model: Honda RS 125 PlateNumber: 052401 Classification: PrivateDriven by: Rowel Travizonda y Banania Address: P-9 Sitio Tagontong Brgy 56, Taysan Legazpi City Occupation: Mason/Carpenter Drivers License No.: Unlicensed Nationality & Age:Filipino/29 years oldSex & Civil Status: Male/MarriedVehicle Owner: Dioreca Wong Address: P-9 Sitio Tagontong, Brgy 56 Taysan Legazpi City Reg. Cert. & File Certificate of Registration No.

BRIEF NARRATION OF FACTS:

On or about 2:15 in the afternoon of May 18, 2014 a traffic accident that transpired at along Taysan Road particularly fronting Heradro Araña store near at the entrance gate of San Roque Parish Church P-1 Brgy 56 Taysan Legazpi City wherein involved vehicle one motorcycle Honda RS 125 bearing plate for registration, registered to Dioreca A Wong, resident of P-9 Sitio Tagontong, Brgy 56, Taysan Legazpi City, driven by Rowel Travizonda y Banania, 29 years old,married, a resident of P-9 Sitio Tagontong, Brgy 56 Taysan Legazpi City with one back ride name Ryan Valladolid y Alzaga, 26 years old, single, also a resident of P-9 Sitio Tagontong, Brgy 56 Taysan Legazpi City.

Initial investigation conducted by the responding duty traffic investigator PO3 Florence Karl S. Abalos disclosed by the police officers first responders at the place of incident led by PO2 Erick Azupardo, PO1 Abel Sevilla and PO1 Dominic Brioso that one motorcycle Honda RS 125, color black, bearing plate for registration was driven by unidentified driver with one back ride a certain Ryan Valladolid y Alzaga, resident of P-9 Sitio Tagontong, Brgy 56 Taysan Legazpi City coming from Legazpi City proper going the direction of Manito, Albay and upon reaching at the aforementioned place of incident accidentally hit/bumped a pedestrian identified as Rodrigo Pontoya y Armario, 76 years old, widowed, resident of Sta. Florentina Brgy 56, Taysan Legazpi City who was crossed on the road coming from the other lane going to Legazpi City proper towards direction at the house of Jose Ajero that

resulted to said motorcycle to fell on the cemented road along with the driver and back rider together with the pedestrian who sustained injuries on different parts of their bodies and the motorcycle incurred undetermined amount of damages, Further, said pedestrian and back rider was immediately brought at BRTTH by a concerned citizen board at private tricycle, while the driver was fled after the incident happened and upon recovered by the responding police officers of motorcycle was on a 4th gear mode and upon ocular inspection at the place of incident there was a road steel marks approximately (41.9) feet from the point of impact until its final resting position.

ACTION TAKEN:

PO3 Florence Karl S Abalos duty traffic investigator together with the personnel of CPAC-4 led by PO2 Erick Azupardo, PO1 Abel Sevilla and PO1 Dominic Brioso conducted follow up investigation SPO1 Gary Amaranto and P03 Villanueva duty traffic investigator together with the first responding police officer of CPAC2 composed of PO2 Pechuela, PO1 Solano and PO1 Macasinag, conducted investigation procedure at the scene of incident after the driver/victim of motorcycle was rescued by personnel of AHEM and immidiately rushed at BRTTH, Legazpi City for medication. Further, driver of V-1 Toyota Innova was issued of TOP for reckless driving and driver of V-1 was under custody of this office for filing appropriate criminal complaint against the same.

REMARKS/DISPOSITION:

Thus going ahead has the last clear chance to see other vehicle from ahead. That the driver from behind sees a situation of danger exist or is imminent driver is bound to up with reasonable caution to avoid another vehicle even it involve in actual stopping of his driver vehicle which in the scene of incident no skid mark and tire mark found.

CONCLUSION/RECOMMENDATION:

After careful perusal of circumstances surrounding this particular incident, prima facie exist that the driver of Toyota Innova displayed lack of foresight, precaution indeed not exercise the proper degree of care while there to cercumbent the impending collision that resulted to the damage to property and immediate/instantanious death of the driver/victim.

Wherefore in view of the foregoing, this office hereby recommend that a Case for Reckles Imprudence resulting to Homicide and Damage to Property be filed against the driver of V-1 one Hansel Armeña y Chavez, 47 y/o, married, driver, of Number 8 Brgy. Bañadero, Legazpi City.

Prepared by: SPO1 Gary B. Amaranto

PO3 Ivyn E. Villanueva

Approved by:

ROMMEL BLAZO DE LA RAMAPolice SuperintendentActing Chief of Police

Republic of the Philippines

National Police CommissionPHILIPPINE NATIONAL POLICE

LEGAZPI CITY POLICE STATIONAlternate Road, Brgy 37, Bitano, Legazpi City

E-mail: [email protected] Tel. Nr. (052) 821-7947

TRAFFIC ACCIDENT INVESTIGATION REPORT

III. WHERE: Taysan Road, Legazpi City ( fronting Herardo Araña Store, P-1 Brgy 56, Taysan Legazpi City)

II WHEN: Sunday May 18, 2014 2:15 PM Fair(Day of Week) (Date) (Time) (Weather Condition)

III. WHAT: Vehicle Versus: () Another Vehicle (x ) Pedestrian( ) Fix Object

IV. TYPE OF ACCIDENT: (x) Fatal ( ) Non Fatal (x) Damage of Property (x ) Head On ( ) Rear End ( ) Angle ( ) Sideswiped same Direction ( ) Sideswiped Opposite

Direction

V. Number of Vehicle Involve:Two (1) Road Condition/Character : Straight and asphalt

VEHICLE 1

Type: Motorcycle Sports Utility VehicleMake & Model: Honda RS 125 PlateNumber: 052401 Classification: PrivateDriven by: Rowel Travizonda y Banania Address: P-9 Sitio Tagontong Brgy 56, Taysan Legazpi City Occupation: Mason/Carpenter Drivers License No.: Unlicensed Nationality & Age:Filipino/29 years oldSex & Civil Status: Male/MarriedVehicle Owner: Dioreca Wong Address: P-9 Sitio Tagontong, Brgy 56 Taysan Legazpi City Reg. Cert. & File Certificate of Registration No.

BRIEF NARRATION OF FACTS:

On or about 2:15 in the afternoon of May 18, 2014 a traffic accident that transpired at along Taysan Road particularly fronting Heradro Araña store near at the entrance gate of San Roque Parish Church P-1 Brgy 56 Taysan Legazpi City wherein involved vehicle one motorcycle Honda RS 125 bearing plate for registration, registered to Dioreca A Wong, resident of P-9 Sitio Tagontong, Brgy 56, Taysan Legazpi City, driven by Rowel Travizonda y Banania, 29 years old,married, a resident of P-9 Sitio Tagontong, Brgy 56 Taysan Legazpi City with one back ride name Ryan Valladolid y Alzaga, 26 years old, single, also a resident of P-9 Sitio Tagontong, Brgy 56 Taysan Legazpi City.

Initial investigation conducted by the responding duty traffic investigator PO3 Florence Karl S. Abalos disclosed by the police officers first responders at the place of incident led by PO2 Erick Azupardo, PO1 Abel Sevilla and PO1 Dominic Brioso that one motorcycle Honda RS 125, color black, bearing plate for registration was driven by unidentified driver with one back ride a certain Ryan Valladolid y Alzaga, resident of P-9 Sitio Tagontong, Brgy 56 Taysan Legazpi City coming from Legazpi City proper going the direction of Manito, Albay and upon reaching at the aforementioned place of incident accidentally hit/bumped a pedestrian identified as Rodrigo Pontoya y Armario, 76 years old, widowed, resident of Sta. Florentina Brgy 56, Taysan Legazpi City who was crossed on the road coming from the other lane going to Legazpi City proper towards direction at the house of Jose Ajero that resulted to said motorcycle to fell on the cemented road along with the driver and

back rider together with the pedestrian who sustained injuries on different parts of their bodies and the motorcycle incurred undetermined amount of damages, Further, said pedestrian and back rider was immediately brought at BRTTH by a concerned citizen board at private tricycle, while the driver was fled after the incident happened and upon recovered by the responding police officers of motorcycle was on a 4th gear mode and upon ocular inspection at the place of incident there was a road steel marks approximately (41.9) feet from the point of impact until its final resting position.

ACTION TAKEN:

PO3 Florence Karl S Abalos duty traffic investigator together with the personnel of CPAC-4 led by PO2 Erick Azupardo, PO1 Abel Sevilla and PO1 Dominic Brioso conducted follow up investigation SPO1 Gary Amaranto and P03 Villanueva duty traffic investigator together with the first responding police officer of CPAC2 composed of PO2 Pechuela, PO1 Solano and PO1 Macasinag, conducted investigation procedure at the scene of incident after the driver/victim of motorcycle was rescued by personnel of AHEM and immidiately rushed at BRTTH, Legazpi City for medication. Further, driver of V-1 Toyota Innova was issued of TOP for reckless driving and driver of V-1 was under custody of this office for filing appropriate criminal complaint against the same.

REMARKS/DISPOSITION:

Thus going ahead has the last clear chance to see other vehicle from ahead. That the driver from behind sees a situation of danger exist or is imminent driver is bound to up with reasonable caution to avoid another vehicle even it involve in actual stopping of his driver vehicle which in the scene of incident no skid mark and tire mark found.

CONCLUSION/RECOMMENDATION:

After careful perusal of circumstances surrounding this particular incident, prima facie exist that the driver of Toyota Innova displayed lack of foresight, precaution indeed not exercise the proper degree of care while there to cercumbent the impending collision that resulted to the damage to property and immediate/instantanious death of the driver/victim.

Wherefore in view of the foregoing, this office hereby recommend that a Case for Reckles Imprudence resulting to Homicide and Damage to Property be filed against the driver of V-1 one Hansel Armeña y Chavez, 47 y/o, married, driver, of Number 8 Brgy. Bañadero, Legazpi City.

Prepared by: SPO1 Gary B. Amaranto

PO3 Ivyn E. Villanueva

Approved by:

ROMMEL BLAZO DE LA RAMAPolice SuperintendentActing Chief of Police

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICE

LEGAZPI CITY POLICE STATIONAlternate Road, Brgy 37, Bitano, Legazpi City

E-mail: [email protected] Tel. Nr. (052) 821-7947

TRAFFIC ACCIDENT INVESTIGATION REPORT

IV. WHERE: Rizal Street, Legazpi City (Infront of St. Agnes Academy)

II WHEN: Friday Feb. 7, 2014 4:00 AM Fair(Day of Week) (Date) (Time) (Weather Condition)

III. WHAT: Vehicle Versus: (x) Another Vehicle( ) Pedestrian( ) Fix Object

IV. TYPE OF ACCIDENT: (x) Fatal ( ) Non Fatal (x) Damage of Property ( ) Head On (x) Rear End ( ) Angle ( ) Sideswiped same Direction ( ) Sideswiped Opposite

Direction

V. Number of Vehicle Involve:Two (2) Road Condition/Character : Straight and asphalt

VEHICLE 1 VEHICLE 2

Type: Sports Utility Vehicle TricycleMake & Model: Toyota Innova Yamaha Plate Number: TV-4700 DX-1912 Classification: Private PrivateDriven by: Hansel Armeña y Chavez Edison Abarrientos yBoloferAddress: Brgy 6 Bañadero, Legazpi City P-3 Brgy 37 Bitano, Legazpi City Occupation: Company Driver BusinessmanDrivers License No.: N04-94-303329 E02-79-013962Nationality & Age:Filipino /47 years old Filipino/ 56 years old

Sex & Civil Status: Male/Married Male/MarriedVehicle Owner: Claire P. Juquiana Rufo Banasihan Address: #121 F. 10th Avenue, Malaban Biñan, Laguna

East, Rembo, Makati City Reg. Cert. & File Certificate of Registration No. Not yet redeemed 361328085

BRIEF NARRATION OF FACTS:

On or about 4:00 AM of February 7, 2017 vehicular accident transpired along Rizal Street, Legazpi City particularly infront of St Agnes Academy, Legazpi City wherein involved vehicle were V-1 (Toyota Innova, color black, bearing plate no. TV-4700, driven by Hansel Armeña y Chavez, 46 years old, a resident of Brgy. 6 Bañadero, Legazpi City, holder of Professional license no. N02-94-303329 with restriction code no. 2,3) and V-2 (Yamaha motorcycle with sidecar bearing plate no. DX-1912, private, driven by Edison Abarrientos y Bolofer, 56 years old, resident of Purok 3 Brgy 37 Bitano, Legazpi City, holder of Professional license no. E02-79-013962, registered to Rufo Banasihan, under OR no. 361328085 dated March 5, 2013).

Initial investigation conducted by the responding police officers PO2 Mark Joseph Pechuela, PO1 Homer Solano and PO2 Jay Macasinag disclosed that V-1 and V-2 were traversing same direction heading to Albay district from

Legazpi City proper and upon reaching along Rizal Street, Legazpi City particularly infront of St Agnes Academy, Legazpi City V-1 (Toyota Innova bearing plate no. TV-4700) accidentally bumped/hit the rear portion of V-2 (Yamaha motorcycle with sidecar bearing plate no. DX-1912) that rested at the outer side of the lane and V-1 rested at the outer side of the lane measuring more or less twenty (20) meters at its final position as the consequence thereof the driver of V-2 was pinned his driven vehicles because of the strong impact of the collision thus, sustaining serious injuries on different parts of his body who rushed to the hospital thereafter, however while at the hospital at about 9:10 AM of February 7, 2014 was declared dead by the attending physician.

ACTION TAKEN:

SPO1 Gary Amaranto and P03 Villanueva duty traffic investigator together with the first responding police officer of CPAC2 composed of PO2 Pechuela, PO1 Solano and PO1 Macasinag, conducted investigation procedure at the scene of incident after the driver/victim of motorcycle was rescued by personnel of AHEM and immidiately rushed at BRTTH, Legazpi City for medication. Further, driver of V-1 Toyota Innova was issued of TOP for reckless driving and driver of V-1 was under custody of this office for filing appropriate criminal complaint against the same.

REMARKS/DISPOSITION:

Thus going ahead has the last clear chance to see other vehicle from ahead. That the driver from behind sees a situation of danger exist or is imminent driver is bound to up with reasonable caution to avoid another vehicle even it involve in actual stopping of his driver vehicle which in the scene of incident no skid mark and tire mark found.

CONCLUSION/RECOMMENDATION:

After careful perusal of circumstances surrounding this particular incident, prima facie exist that the driver of Toyota Innova displayed lack of foresight, precaution indeed not exercise the proper degree of care while there to cercumbent the impending collision that resulted to the damage to property and immediate/instantanious death of the driver/victim.

Wherefore in view of the foregoing, this office hereby recommend that a Case for Reckles Imprudence resulting to Homicide and Damage to Property be filed against the driver of V-1 one Hansel Armeña y Chavez, 47 y/o, married, driver, of Number 8 Brgy. Bañadero, Legazpi City.

Prepared by: SPO1 Gary B. Amaranto

PO3 Ivyn E. Villanueva

Approved by:

ROMMEL BLAZO DE LA RAMAPolice SuperintendentActing Chief of Police

Noted By:

ROMMEL BLAZO DE LA RAMA, MM, PESEPolice Superintendent(DSC)Acting Chief of

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

TRAFFIC ACCIDENT INVESTIGATION REPORT

I. WHERE: National Highway of Brgy. 42 Rawis Legazpi city

II WHEN: Saturday Feb. 1, 2014 4:50 AM Rainy(Day of Week) (Date) (Time) (Weather Condition)

III. WHAT: Vehicle Versus: (x) Another Vehicle ( ) Pedestrian( ) Fix Object

IV. TYPE OF ACCIDENT: (x) Fatal ( ) Non Fatal (x) Damage of Property ( ) Head On ( ) Rear End ( ) Angle ( ) Sideswiped same Direction ( ) Sideswiped Opposite Direction

V. Number of Vehicle Involve: Two (2) Road Condition/Character : Straight and asphalt

VEHICLE 1 VEHICLE 2

Type: Motorcycle Bus Make & Model: Mitsokoshi, Bunos X IsuzuPlate Number: For redgistration EVG-232Classification: Private For Hire Driven by: Guillermo Avelino Paul santos Joseph Berlon BorabienAddress: Pag-Asa P-1 Rawis, Leg. City Tayhi, Tabaco, Albay Occupation: Working at Call Center DriverDrivers License No.: EO2-13-S05268 EO9-92000653Nationality & Age: Filipino /21 years old Filipino/43 years old

Sex & Civil Status: Male/Single Male/Married

Vehicle Owner: Guillermo Avelino Paul Santos Socorroco M. Buban Address: Pag-Asa P-1 Rawis, Leg. City Banga, bacacay, AlbayReg. Cert. & File 353600133Certificate of Registration No. 40119592

BRIEF NARRATION OF FACTS:

On or about 4:50 AM of February 1, 2012 vehicular incident transpired along the national highway of brgy. 42 Rawis, Legazpi City near the junction of Pag-Asa Brgy. Road Leg. City. Wherein involved vehicles were Vehicle-1 “motorcycle (SYM) color black and white, for registration driven by Avelino Paul Guillermo y Santos, 21 years old, single, resident of Pag-Asa brgy. 42 rawis, legazpi city, holder of student permit no. EO2-13-SO5268” and Vehicle-2 “a passenger Saint Jude bus, for hire bearing plate number EVG232 registered to Socorro M. Buban of Bonga, Bacacay, Albay, under CR number 40119592 dated April 22, 1998 OR number

353600133 dated 02/27/2013, driven by Joseph Borabien y Berlon, 43 years old, married, of Brgy. Tayhi Tabaco, Albay, holder of Temp. License Pro. No. EO9-92-000653 restriction code number 1,2,3 valid until 10/07/2018”.

Initial investigation conducted by the responding police officer PO3 Joel Buen and Po1 Casidsid disclose that both vehicles were traversing from same direction towards the Municipality of Sto. Domingo and upon reaching junction of national high way of brgy. 42 Rawis, legazpi City Saint Jude Bus maneuverred to overtake against a pajero bearing plate number XMA 590 and said bus while on the proces of overtaking hit and bump the above said motorcycle at the rear portion which was ahead of PAJERO and was turning left (with left signal light) going to Pag-Asa Brgy. 42 Rawis, Legazpi. At the scene of incident, Skidmarks and Road Marks were found, skidmarks/tire marks made by the St. Jude Bus left tire which was found at the left side of the raod was measuring 20 meters long and the roadmark/road damage made by the motorcycle from possible point of impact/collission to its resting point was measuring 16.80 meters long.

ACTION TAKEN:

SPO1 Gary Amaranto and P03 Villanueva duty traffic investigator and the first responding police officer of CPAC5 PO3 Joel Buen and PO1 Casidsid conducted investigation procedure at the scene of incident after the driver/victim of motorcycle where rescued by AHEM ambulance of BRTTH. However, said victim was pronounced/declared dead by Dr. Jan Christian Aramboro at about 6:35 AM of February 1, 2014 with medical impression of Blunt Thoraco Abdominal Injury secondary to vehicular accident. The driver of St. Jude bus was issued TOP for reckless driving and was under the custody of this office for reglementary period and for proper disposition

REMARKS/DISPOSITION:

A burden vehicle along the highway is the one manuevering to overtake other vehicle which is in the priviledge lane, that if accident occured/happened the one liable related with the accident will be the burden vehicle.

Thus, overtaking vehicle near junction road is prohibited under the rule of a defensive driving and if the driver sees that a situation of danger exist or is imminent, driver is bound to up with reasonable caution to avoid a colision even though it involve an actual stopping of his driven vehicle, which based on the investigation the bus driver did not observed.

CONCLUSION/RECOMENDATION:

After careful perusal of circumstances surrounding this particular incident, prima facie exist that the driver of toyota innova displayed lack of foresight, precaution indeed not exercise the proper degree of care while there to cercumbent the impending collision that resulted to the damage to property and immediate/instantanious death of the driver/victim of TC.

Wherefore in view of the foregoing, this office hereby recommend that a Case for Reckles Imprudence resulting to Homicide and Damage to Property be filed against the subject toyota innova driver.

Prepared by:

SPO1 Gary B. Amaranto and PO3 Ivyn E. VillanuevaTraffic Investigators

Approved by:

ROMMEL BLAZO DE LA RAMA, MM, PESEPolice Superintendent(DSC)Acting

Approved

ROBERT AA MORICO II, PESEPolice SuperintendentOfficer-In-Charge

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

MEMORANDUM

FOR : Provincial DirectorAlbay Police Provincial Office Camp General Simeon A. Ola, Legazpi City(Attn: C, PIDMS)

SUBJECT : Investigation Report Re: Reckless Imprudence resulting to Homicide, Physical Injury and Damage to Property that transpired along Rizal St. Brgy. 19 Cabangan, Legazpi City.

DATE : March 9, 2014

I. AUTHORITY:

1. Legazpi City Police Station CPO Blotter Entries no. 616,617,637,647,648,649,666,2216, 2217,2581

2. Inherent Police Functions.3. Standard Operating Procedure

II. MATTERS INVESTIGATED:

4. To determine fact and circumstances surrounding the incident;

5. To determine other relevant matters that would require further police actions.

III. FACTS OF THE CASE:

6. On or about 11:45 in the evening of January 10, 2014 vehicular accident that transpired along Rizal St. Brgy. 19 Cabangan, Legazpi City particularly fronting Bengx Print and Esquivel residence wherein the first responders of the scene of incident were SPO4 Alexander Escoto and PO1 Homer John Solano requested to a traffic investigator on duty,then upon reciept the said information the duty traffic investigator PO3 Florence Karl S. Abalos proceeded at Brgy 19, Cabangan Legazpi City, wherein the involved vehicles were as follows;

V1- Honda Wave motorcycle without side car, bearing Plate no. 6373-EK,

OR/CR & drivers licensed are not presented driven by Gian Padilla of Ibalong Village Brgy. 56 Taysan Legazpi City with backride Jan Sta. Ana, resident of Brgy. 16 Washington Drive Legazpi City, driver and backride are both minor,

V2- Sunriser motorcycle, color maron, without side car, bearing Plate no. 5740-IW, OR/CR are not yet presented, driven by Liberato Sarmiento Abad, legal age, resident of ILawod 2 Daraga, Albay holder of LTO Non-Professional Drivers Licenced no. EO2-08-001923 valid until 8/29/2014, with backriders namely: Jonie Malejana y Malto, 23 years old, with live-in patrtner, Roberto Martos y

Marqueses, 48 years old, a Brgy. Kagawad both resident of Brgy. Cabiguan Pilar, Sorsogon.

Accordingly, both vehicles involved were traversing in opposite directions V-1 coming from Legazpi City downtown enroute to Daraga, Albay while V-2 coming from Albay District, Legazpi city heading towards Legazpi City downtown that upon reaching at aforesaid place of incident both vehicles collided to each other wherein collision took place in the lane of V-2 as a result, both vehicles full-down & rested thereat and incurred undetermined cost of damages due to impact and both drivers and its backriders were immediately rushed at BRTTH hospital, Legazpi City boarded on service truck of Bengx Print, thereafter driver of V-1 Gian Padilla was transferred at Aquinas Hospital attended by Dr. Joselito Rustia. Further, back ride of V-1 Jan Sta Ana was declared dead on arrival (DOA) by the attending physician Dr. Trix Asuncion, Furthermore, said incident was monitored at CCTV installed at Bengx Print, Brgy. 19 Cabangan Legazpi City, and Brgy. Tanod Arnold A. Apin manifested that V-1 traversing in speed motion before incident. Scene was process and documented through photograph and sketch by the responding duty traffic investigator PO3 Abalos.

(Hereto attached the copy of excerpt from LCPS-CPO Blotter Entry no. 649 dated January 12, 2014 present Non-Professional Drivers License V-1 driver marked as Annex “A”)

7. In the sworn statement of Jonie Malejana y Malto, 23 years old, single, resident of P-2 Brgy. Cabiguan Pilar, Sorsogon one of the backride of (V-2) He averred that on or about 11:45 in the evening of January 10, 2014 while on his way going to Legazpi City board at motorcycle bearing plate no. 5740-IW driven by Liberato Abad y Sarmiento traversing along Rizal St. coming from Pag-Asa Daraga, Albay at the house of Roderick Millano, upon reaching at Brgy. 19 Cabangan, Legazpi City particularly fronting Bengx Print he meet an accident. Further, he averred that while on stop at the center of the road with signal light turning left to enter the gate beside Bengx Print and waiting the Tricycle approaching past through coming from Legazpi City proper going to direction of Old Albay District, Legazpi City, one motorcycle overtake on the said tricycle on the left side and apparently they bumped on the right side portion, due to impact they thrown away

. (Hereto attached the Sworn Statement of Jonie Malejana y Malto marked as annex "B").

8. In the sworn statement of Arnold Apin y Apita, 36 years old, married, Brgy. Tanod, resident of P-2 Brgy. 19 Cabangan, Legazpi City. He averred that on or about 11:45 in the evening of January 10, 2014 while on the actual performed of official duty as a Brgy. Tanod at the Brgy. Outpost of Brgy.19 Cabangan, Legazpi City that was installed beside Rizal St. He heard a loud sound of a motorcycle moving past through along Rizal St. coming from Legazpi City down town going the direction of Old Albay Distirct, Legazpi City and after a few seconds he heard a crushed sound and immediately proceeded at place were the sound came from, together with his companion Avelino Oliquino were the incident happened fronting Bengx Print near at the house of Brgy. Captain Roger Esquivel

.(Hereto attached the Sworn Statement of the witness Jean Arienda y Lleva, daughter of the victim, marked as annex "C").

9. In the sworn statement of Roger Esquivel y Hortal, 57 years old, married, Barangay Captain, a resident of P-3 Brgy. 19, Cabangan Legazpi City. He averred that on on about 11:45 in the evening of January 10, 2014 that while having asleep on their house near at the place of incident he was awaken by his wife and informed him that there was an accident infront of they’re house and upon reciept the information he immediately bumangon and dumungaw from the second floor of they’re house he saw the four male person fell on the road and the two motorcycle account of the witness/vehicle 2 driver Ricardo Casaul y Quilao, 54 y/o, married of Brgy.38 Gogon, Legazpi City, he manifested that on or about 5:50 in the morning of July 2013, while he was driving in the highway of Brgy. Bonot, Legazpi City with his owned motorized tricycle Honda 125 color Red, bearing plate no. ER-7643 For Hire, in his statement that upon reaching particularly at Bonot Junction, Legazpi City he slowed down preparing to engage to left turn going to Brgy. Bogtong Road Legazpi City, then while he was about to entered in the middle of the junction road all of the sudden he was sideswiped by a fast moving motorcycle, who overtook in the left lane of the road and at full speed, accidentally hit his driven tricyle in the left side steering wheel handle with the right steering wheel handle of said motorcycle that resulted to his minor lacerated wound in his left arm and that juncture he saw the said color Blue motorcycle lost control and balance which encroach to the foriegn left lane then swerved to the side of the road and hit/bumped an old man riding in a bicycle that on stop and about to cross as result of the impact the old man riding in the bicycle and the driver of motorcycle color Blue was thrown and fell in the cemented road and sustain injury. That after the incident he learned from the responding police officer that the driver of the motorcycle color Blue Racal was a certain Erwin Agao y Abiera of Brgy. Matanag, Legazpi City and no driver license presented nor OR/CR of his driven motorcycle and while on board in the Ambulance vehicle he learned from a woman that crying and helping the old man riding in a bicycle a certain Danilo Arienda y Almayda a resident of Brgy. Martanag, Legazpi City.(Attached hereto sworn statement of Ricardo Casaul y Quilao marked as Annex "D")

12. In the confrontation/conference to both involved parties in the traffic investigation section, both parties agreed to entered into a compromised agreement wherein the parent of the driver Mr. and Mrs. Agao will assumed all the medical expenses of the victim until his recuperation as demanded by the relative of the victim Danilo A. Arienda. Likewised involved drivers were issued Temporary Operators Permit (TOP) ticket with no. 13811513-2 for Involve in Traffic Accident, Unregistered and Unlicensed for vehicle 1 driver and ticket no.138115___-__Involved in vehicular accident, for vehicle 2 driver that turn-over vulontarily the Professional Driver license. Further said motorcycle(V1) and PDL(V2) was turn-over to LTO-Rawis, RO-5 Legazpi City. (Attached hereto CPO Blotter Entry no. _______dated ________2013. And Temporary Operator Permit (TOP) ticket marked as Annex "E")

13. On August 29, 2013 a cased was filed in the City Prosecutor Office to the driver/respondent Erwin A. Agao for “Reckless Imprudence Resulting in Serious Physical Injury and Damage to Property” docketed under no. V-02-INV

13H-00236 assisted by Assistance Legazpi City Prosecutor Jazon H. Retubog. a regular In CPO Blotter Entry no.0488 dated August 9, 2013, follow-up conducted by SPO1 Gary Amaranto, the victim Santiago Bersola y Damaso was departed/expired at about 2:43 in the morning of August 8, 2013 declared/pronounced by the attending physician Dr. Evangelista Emman at BRTTH, Legazpi City, and cadaver of the victim lies at Nuestra Señora de Salvacion Funeral Parlor, Bonot, Legazpi City, further during confrontation with the family of the victim, refused to conduct Autopsy examination in the cadaver.

14. That on November 18, 2013 this office furnished a request to the City Prosecutor Office, ammending that the case of “Serious Physical Injury” through Reckless Imprudence docketed under NPS No.V-02-INQ 13G-00053 be indorsed to “Homicide” through Reckless Imprudence. Further attached thereto the Supplemental Affidavit of the Complainant (widow), Death Certificate/ Clinical Abstract of the victim(Santiago D. Bersola), Medico-legal Certificate of the suspect/driver (Billy Jo Marco) and the blotter certification(CPO B.E. no. 488 dated August 9, 2013)

IV. DISCUSSIONS/FINDINGS:

15. In this instant case under investigation, the herein victim who was wearing white shirt and short pants was hit/bumped by the herein suspect/driver while standing in the right side of the road that fell in the cemented road and the mark of blood stain measured in between Aleco post 17 mtrs and City Street light 8.70 mtrs near right side of catwalk. Further, the suspect drove at speed his motorcycle (Suzuki Raider) in a negligent manner and without due regard to the safety of other road user, that when he was crashing down he was spotted in the C. Imperial St. wherein the impact at MOL 15 mtrs that after the incident he did not help the victim instead he led his driven motorcycle away from the place of incident wherein he was the caused of this particular incident. However, he could avoided the said incident had he excercised care and prudence in his behalf.

V. CONCLUSION:

16. After a careful perusal surrounding this particular incident, probable cause exist that the herein suspec/driver displayed lack of foresight, precaution and did not execise the proper degree of care to circumvent the impending incident, hence the proximate caused of this incident resulted in the untimely death of the victim, the suspect/driver in his negligent manner is the caused, therefore he is criminally liable for Homicide through Reckless Imprudence.

VI. RECOMMENDATION:

17. Wherefore, in view of the foregoing, the undersigned respectfully recommends that this case be referred to Office of the City Prosecutor Office for final disposition.

PREPARED BY: NOTED BY:

Gary B. Amaranto Domingo Buado Tapel Jr. Senior Police Officer I Police Senior Inspector

Officer-on-Case Chief, Investigation Section

APPROVED BY:

ROMMEL BLAZO DELA RAMA, MM, PESE

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

MEMORANDUM

FOR : Provincial DirectorAlbay Police Provincial Office Camp General Simeon A. Ola, Legazpi City(Attn: C, PIDMS)

SUBJECT : Investigation Report Re: Reckless Imprudence resulting to Homicide that transpired at Junction Road of Brgy. Bonot, Legazpi City.

DATE : January 17, 2014

I. AUTHORITY:

1. Legazpi City Police Station CPO Blotter Entry No.1857 2. Inherent Police Functions.3. Standard Operating Procedure

II. MATTERS INVESTIGATED:

4. To determine fact and circumstances surrounding the incident;

5. To determine other relevant matters that would require further police actions.

III. FACTS OF THE CASE:

6. On or about 5:50 in the morning of July 2, 2013. PO3 Jonathan Daen and PO1 Juan Roy Nilo responded to a Vehicular accident that transpired at the junction road of Brgy. Bonot, Legazpi City and requested a traffic investigator on duty SPO1 Gary B. Amaranto immedietly proceeded in the place of incident, thus involved vehicles were as follows;

V1-Motorcycle Racal without sidecar for registration driven by Mr. Erwin Agao of Brgy. Matanag, Legazpi City, OR/CR and driver license not presented.

V2-Tricycle Honda TMX-125bearing plate no. ER-7643, Engine no. KRZD2E000400, CR no.10023426-0 dated4/20/2010 driven and registered to Ricardo Quilao Casaul of Brgy. 38, Gogon, Legazpi City, holder of LTO PDL no. EO2-78-003945 to expire on 5/25/2013.

Initial investigation conducted by the responding police officer disclosed that both vehicle were moving in the same direction, V1 enroute to Brgy. Rawis, from Bonot, Legazpi City and V2 going to Brgy. Bogtong, Legazpi City coming from Bonot, Legazpi City. Accordingly upon reaching at abovementioned place of occurrence V1 overtook to V2 in the left lane which then V2 was on the process to turn left. As a consequence thereof V1 accidentally sideswiped the V2 in the left clutch handfle of the tricycle then and there driver of V1 was lost of control and unfortunately hit/bumped the moving bicycle manning by Danilo A. Arienda of San Joaquin, Legazpi City and both were fell down due to the impact. Further driver of V2 was sustained injury in the left hand and the driver of V1 and the victim (Danilo Arienda) were both rushed to BRTTH, Legazpi City for medical treatment by AHEM Ambulance. Responding police officer averred that upon arrival thereat vehicle involved are no longer in the original positioned.(Hereto attached the copy of excerpt from LCPS-CPO Blotter Entry no. 1857 dated July 2, 2013 and OR/CR of Tricycle (V2) marked as Annex “A”)

7. In the account of the victim Danilo Arienda y Almayda, 60 y/o, widow a resident of P-1 Brgy.46 San Joaquin, Legazpi City. In his statement that OOA 5:50 in the morning of July 2, 2013 while he was riding his BMX bicycle coming from Brgy.Rawis, Legazpi City and on stop at the shoulder of the road to cross at the junction of Brgy. Bonot, Legazpi City he was hit/bumped by a motorcycle causing him to fell down in the cemented road and sustained injuries then was brought by AHEM Ambulance at BRTTH and with medical impression “Central Cord Syndrome Secondary to Vehicular Accident with barring complications of six (6) months under Dr. Abel Francisco Ramos, MD Medical officer III, Dept. of Surgery. Further the victim averred that the driver of the motorcycle Racal For Registration one Erwin Agao y Abiera, 22y/o, single of Brgy. Matanag Legazpi City did not extend any assistance in his medical nor financial mainly, related to his medical recovery until his released in the said hospital. (Hereto attached the Sworn Statement of the victim Danilo A. Arienda marked as annex "B").

8. In the account of the witness Jean Arienda y Lleva, 37 y/o, single a resident of P-1 Brgy. San Joaquin, Legazpi City, he manifested that on or about 6:00 o//Clock in the morning of July 2, 2013, he was informed by their neighbor and a resident of their Brgy. A certain Barok

that her father was allegedly hit/bumped by a motorcycle at Bonot Junction Road, Brgy. Bonot, Legazpi City, immediately they preceeded thereat together with his Auntie Flocerpida Arisapa, siste of his father and upon arrival he actually saw his father laying on the cemented road being attended/taking care by the responding medical rescue team of AHEM same the driver of the motorcycle who sitting beside the road and sustained injuries on his right arm then thereafter they were brought to BRTTH on board of the responding AHEM Ambulance. His father sustained Central Cord Syndrome secondary to vehicular accident with Six (6) months barring complicationbased on the Medico-legal Certificate duly issued by BRTTH under Dr. Abel Francisco Ramos MD II, Dept. Surgery.That the driver of the said motorcycle color Blue, 110 MD, Racal no plate/For registration were Erwin Agao y Abiera, 22 y/o, single and a resident of Brgy. Matanag, Legazpi City. She further added that several confrontation were requested by him to the herein driver begging him and his family to help them but sadly no result and they continue to promised them despite of the compromised agreement they affirmed but did not materialized.(Hereto attached the Sworn Statement of the witness Jean Arienda y Lleva, daughter of the victim, marked as annex "C").

9. In the account of the witness/vehicle 2 driver Ricardo Casaul

y Quilao, 54 y/o, married of Brgy.38 Gogon, Legazpi City, he manifested that on or about 5:50 in the morning of July 2013, while he was driving in the highway of Brgy. Bonot, Legazpi City with his owned motorized tricycle Honda 125 color Red, bearing plate no. ER-7643 For Hire, in his statement that upon reaching particularly at Bonot Junction, Legazpi City he slowed down preparing to engage to left turn going to Brgy. Bogtong Road Legazpi City, then while he was about to entered in the middle of the junction road all of the sudden he was sideswiped by a fast moving motorcycle, who overtook in the left lane of the road and at full speed, accidentally hit his driven tricyle in the left side steering wheel handle with the right steering wheel handle of said motorcycle that resulted to his minor lacerated wound in his left arm and that juncture he saw the said color Blue motorcycle lost control and balance which encroach to the foriegn left lane then swerved to the side of the road and hit/bumped an old man riding in a bicycle that on stop and about to cross as result of the impact the old man riding in the bicycle and the driver of motorcycle color Blue was thrown and fell in the cemented road and sustain injury. That after the incident he learned from the responding police officer that the driver of the motorcycle color Blue Racal was a certain Erwin Agao y Abiera of Brgy. Matanag, Legazpi City and no driver license presented nor OR/CR of his driven motorcycle and while on board in the Ambulance vehicle he learned from a woman that crying and helping the old man riding in a bicycle a certain Danilo Arienda y Almayda a resident of Brgy. Martanag, Legazpi City.(Attached hereto sworn statement of Ricardo Casaul y Quilao marked as Annex "D")

12. In the confrontation/conference to both involved parties in the traffic investigation section, both parties agreed to entered into a compromised agreement wherein the parent of the driver Mr. and Mrs. Agao will assumed all the medical expenses of the victim until his

recuperation as demanded by the relative of the victim Danilo A. Arienda. Likewised involved drivers were issued Temporary Operators Permit (TOP) ticket with no. 13811513-2 for Involve in Traffic Accident, Unregistered and Unlicensed for vehicle 1 driver and ticket no.138115___-__Involved in vehicular accident, for vehicle 2 driver that turn-over vulontarily the Professional Driver license. Further said motorcycle(V1) and PDL(V2) was turn-over to LTO-Rawis, RO-5 Legazpi City. (Attached hereto CPO Blotter Entry no. _______dated ________2013. And Temporary Operator Permit (TOP) ticket marked as Annex "E")

13. On August 29, 2013 a cased was filed in the City Prosecutor Office to the driver/respondent Erwin A. Agao for “Reckless Imprudence Resulting in Serious Physical Injury and Damage to Property” docketed under no. V-02-INV 13H-00236 assisted by Assistance Legazpi City Prosecutor Jazon H. Retubog. a regular In CPO Blotter Entry no.0488 dated August 9, 2013, follow-up conducted by SPO1 Gary Amaranto, the victim Santiago Bersola y Damaso was departed/expired at about 2:43 in the morning of August 8, 2013 declared/pronounced by the attending physician Dr. Evangelista Emman at BRTTH, Legazpi City, and cadaver of the victim lies at Nuestra Señora de Salvacion Funeral Parlor, Bonot, Legazpi City, further during confrontation with the family of the victim, refused to conduct Autopsy examination in the cadaver.

14. That on November 18, 2013 this office furnished a request to the City Prosecutor Office, ammending that the case of “Serious Physical Injury” through Reckless Imprudence docketed under NPS No.V-02-INQ 13G-00053 be indorsed to “Homicide” through Reckless Imprudence. Further attached thereto the Supplemental Affidavit of the Complainant (widow), Death Certificate/ Clinical Abstract of the victim(Santiago D. Bersola), Medico-legal Certificate of the suspect/driver (Billy Jo Marco) and the blotter certification(CPO B.E. no. 488 dated August 9, 2013)

IV. DISCUSSIONS/FINDINGS:

15. In this instant case under investigation, the herein victim who was wearing white shirt and short pants was hit/bumped by the herein suspect/driver while standing in the right side of the road that fell in the cemented road and the mark of blood stain measured in between Aleco post 17 mtrs and City Street light 8.70 mtrs near right side of catwalk. Further, the suspect drove at speed his motorcycle (Suzuki Raider) in a negligent manner and without due regard to the safety of other road user, that when he was crashing down he was spotted in the C. Imperial St. wherein the impact at MOL 15 mtrs that after the incident he did not help the victim instead he led his driven motorcycle away from the place of incident wherein he was the caused of this particular incident. However, he could avoided the said incident had he excercised care and prudence in his behalf.

V. CONCLUSION:

16. After a careful perusal surrounding this particular incident, probable cause exist that the herein suspec/driver displayed lack of foresight, precaution and did not execise the proper degree of care to circumvent the impending incident, hence the proximate caused of this incident resulted in the untimely

death of the victim, the suspect/driver in his negligent manner is the caused, therefore he is criminally liable for Homicide through Reckless Imprudence.

VI. RECOMMENDATION:

17. Wherefore, in view of the foregoing, the undersigned respectfully recommends that this case be referred to Office of the City Prosecutor Office for final disposition.

PREPARED BY: NOTED BY:

Gary B. Amaranto Domingo Buado Tapel Jr. Senior Police Officer I Police Senior Inspector Officer-on-Case Chief, Investigation Section

APPROVED BY:

ROMMEL BLAZO DELA RAMA, MM, PESE Police SuperintendentActing Chief of Police

Attachments:

Police Blotter Certification Affidavit of Custody Affidavit of Mabel B.Bersola (Widow) Affidavit of Ralph G. Cadag Affidavit of Lawrence A. Baloso Affidavit of Henry B. Espinosa Photograph of victim (Santiago Bersola) Photograph of suspect/driver and Suzuki MC(OR/CR) Medical Certificate (victim) Temporary Operator Permit(TOP) Supplemental Affidavit(Widow) Death Certificate and Clinical Abstract (Victim) Medico-legal Certificate of suspect/driver Blotter Certification

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

MEMORANDUM

FOR : Provincial DirectorAlbay Police Provincial Office Camp General Simeon A. Ola, Legazpi City(Attn: C, PIDMS)

SUBJECT : Investigation Report Re: Reckless Imprudence resulting to Homicide that transpired along Rizal St. Fronting STI College, Brgy. 15, Old Albay District, Legazpi City.

DATE : January 14, 2014

I. AUTHORITY:

1. Legazpi City Police Station CPAC-2 Blotter Entry No.416 and CPO Blotter Entry No.0179

2. Inherent Police Functions.3. Standard Operating Procedure

II. MATTERS INVESTIGATED:

4. To determine fact and circumstances surrounding the incident;

5. To determine other relevant matters that would require further police actions.

III. FACTS OF THE CASE:

6. On or about 9:05 in the evening of July 28, 2013 concerned citizen informed CPAC 2office that a traffic accident transpired along Rizal St. fronting STI College, Brgy.15 Old Albay District, Legazpi City. SPO4 Escoto, SPO1 Bausa, PO1 Guriba and PO1 Zaragosa were dispatched same thru radio com. requested the duty traffic investigator SPO1 Gary Amaranto.

In the initial investigation conducted by the responding police officer disclosed that victim identified as Santiago Bersola Jr y Damaso, 43 y/o, married of C. Imperial St. Brgy. 15, Old Albay District, Legazpi City, while crossing the street at abovementioned place of incident accidentally sideswiped by a fast moving motorcycle Suzuki, color Blue, bearing plate no. 8838-ER registered to Romeo C. Peñaflor of Alcala, Daraga Albay under OR no. 901680474 and CR no. 10024963, driven by one (1) Billy Jo Marco y Bahillo, 21 y/o, single of Brgy. Puro Pilar Sorsogon, with no driver license presented coming from Old Albay District enroute to Legazpi City proper. Thereafter victim, driver and motorcycle tumble and fell in the cemented road. As a result victim sustained right knee fracture and head laceration and were immidietly brought by AHEM ambulance at BRTTH for medical treatment, while the driver who sustained abrasion in the knee after the incident stood and fled but was chased by Arlan Nacion, Rodel Postrado both resident of Brgy. 15 Legazpi City and Ralph Cadag, 49 y/o married of Brgy. Tula-Tula, Legazpi City who seen the fleeing driver and successfully collared near Estevez Hospital Compound and turned over to the first responding police officer SPO1 Bausa, PO1 Guiriba and PO1 Zaragosa. Victim were under

medical observation by attending physician Dr. Evangelista, likewise aforementioned driver was brought to BRTTH for medical examination/treatment Which positively averred by doctor thereat positive in ABC on Alcoholic liqour with hospital ID no.175264. Moreover the actual incident was witness by one (1) Laurence Baloso y Antones, 17 y/o single of Brgy. 55 Legazpi City. Duty traffic investigator effect the arrest to the driver OOA 11:00 PM same date and was informed the nature of his arrest and appraised his constitutional rights in dialect/language known to him.( Hereto attached the copy of excerpt LCPS-CPAC 2 Blotter Entry no. 416 and CPO Blotter Entry No. 0179 dated July 28, 2013 and OR/CR of Suzuki Raider Motorcycle marked as Annex “B”)

7. In the account of the witness who actually saw the incident one Laurence Baloso y Antones, 17 y/o, minor of Brgy.55 Estanza, Legazpi City manifested that on or about 9:00 o’clock in the evening of July 28, 2013 while he was standing infront of a Computer Shop at Brgy. 15 Ilawod, Legazpi City he saw a fast moving motorcycle coming from Old Albay District enroute to Legazpi City proper that upon reaching in the place of incident sideswiped a male person that was standing in the side of the road and they both fell in the cemented road same with the motorcycle, thereafter said driver fled leading his motorcycle going to Legazpi City proper and left the victim laying in the road. That he voluntarily gave his formal statement in the conduct of investigation and came to know that the victim were Santiago Bersola Jr y Damaso, 43 y/o, married of C. Imperial St. Brgy. 15, Old Albay District, Legazpi City and the driver were Billy Jo Marco y Bahillo, 21 y/o, single of Brgy. Puro Pilar Sorsogon (Hereto attached the Sworn Statement of a minor witness Laurence Baloso y Antones marked as annex "C").

8. In the account of the witness Ralph Cadag y Guarin, 49 y/o, married of a resident of Brgy. Tula-Tula, Legazpi City, he manifested that on or about 9:00 o//Clock in the evening of July 28, 2013 while he was with her friends and having a drinking spree in his small sari-sari store at C. Imperial St. Brgy. 15 Ilawod, Legazpi City, he saw a driver of a motorcycle met an accident infront of STI College, Rizal St., Legazpi City said driver coming from Old Albay District going to Legazpi City proper. That juncture together with her friends they proceeded thereat and upon getting closer to the driver and about to help him then and there he saw another male person laying in the street, that the driver of motorcycle with plate no. 8838-ER wearing Black clothes stood up and lead his motorcycle away enroute to Legazpi City proper. After a while he came to know that the person laying on the street was his friends Santiago Bersola Jr. y Damaso, 43 y/o, married of C. Imperial St. Legazpi City that he was sideswiped by said driver and in that instance he returned to his sari-sari store and ride in his service motorcycle and chased the fleeing driver then successfully collared infront of Estevez Hospital Compound then accompanied back to the place of incident and turned over to the first responding police officer of CPAC 2. That he came to know that the driver was one (1) Billy Jo Marco y Bahillo, 21 y/o, single a resident of Brgy. Putiao Pilar Sorsogon. (Hereto attached the Sworn Statement of the witness Ralph Cadag y Guarin marked as annex "D").

9. In the account of the witness Henry Espinosa y Bogador, 35

y/o, single a resident of C. Imperial St.Brgy. 15 Ilawod, Legazpi City he

manifested that on or about 9:00 in the evening of July 28, 2013 while he was in C. Imperial St. Brgy. 15 Ilawod, Legazpi City he was told by Ma. Mica Bersola(daughter of the victim) that his father Santiago Bersola Jr. y Damaso, 43 y/o, married of same address has met an accident infront of STI Bldg. Rizal St.Brgy. 15 Ilawod, Legazpi City immedietely they proceeded thereat and there they saw his Kuya Jun(Santiago Bersola Jr. y Damaso)sitting with wound in his leg, abrasion in the in the foot and lacerated wound in the head.That he was able to speak with the driver in the mobile car that smelling alcohol and when his kuya jun was brought by the responding AHEM ambulance they accompanied at BRTTH, same driver were also brought by police officer for medical treatment and examination.That he came to know that after the incident the driver was fled and was able to apprehend by the concern citizen thereat and he came to know from the police station that the driver was Billy Jo Marco y Bahillo, 21 y/o, single a resident of Brgy. Putiao Pilar Sorsogon(Attached hereto sworn statement of Henry Espinosa y Bogador marked as Annex "E")

10. In the account of the complainant Mabel Bersola y Borromeo, 43 y/o, wife of the victim (Santiago Bersola Jr. y Damaso) a resident of C. Imperial St. Brgy.15 Ilawod, Legazpi City, she averred that on or about 9:15 in the evening of July 28, 2013 her daughter Ma. Mica and Ma. Nica was informed by her neighbor a certain Dyan that his husband (Santiago Bersola Jr. y Damaso) was hit by a motorcycle at Rizal St. infront of STI Bldg, Brgy. 15 Legazpi City and the driver of said motorcycle fled away after the incident. That her daughters proceeded at the place of incident and Ma. Nica returned and informed him that thier father was brought to BRTTH for medical attention, later she learned that driver of the motorcycle was apprehend and same was turn-over to Legazpi City Police Station for custody.That at about 8:00 in the morning of July 29, 2013 she came to BRTTH there she saw his husband with bandage in the right leg and with injury on the head then one of the nurse told him that his husband need to be operated immediately.That at about 9:00 AM same date she proceeded at Legazpi City Police station and there she learned that the driver of the motorcycle which hit his husband is Billy Jo Marco y Bahillo, 21 y/o, single a resident of Brgy. Putiao Pilar Sorsogon. (Attached hereto sworn statement of Mabel Bersola y Borromeo[wife of the victim] marked as Annex "F")

11. In the sworn statement of SPO1 Gary Amaranto y Bellen a member of the Philippine National Police assigned at Legazpi City Police Station, Albay Police Provincial Office PRO-5 and designated as traffic investigator, that on or about 9:25 in the evening of July 28, 2013 while he was in the actual performance of duty was informed by the Radio Operator PO1 Christine Nuñez that a traffic accident transpired at Rizal St. Brgy. 15, Legazpi City particularly infront of STI College, immediately proceeded to the place of incident to conduct ocular investigation related with the incident. Upon arrival SPO1 Bausa, PO1 Guiriba and PO1 Zaragosa turned over the driver of motorcycle Suzuki Raider bearing plate no. 8838-ER a certain Billy Jo Marco y Bahillo of Brgy. Putiao, Pilar Sorsogon, subsequently was advised to bring said driver to BRTTH for medical treatment due to visible injuries

sustained, that victim Santiago Bersola y Damaso was brought by responding medical rescue (AHEM) ambulance to BRTTH for medical treatment and the Medico-Legal Certificate states under medical impression that the victim sustained “OPEN FRACTURECOMMUTED TYPE III AT RIGHT TIBIA FIBULA” duly signed by Dr. Abel Francisco B. Ramos II, MD, Medical Officer III department of Surgery, BRTTH. That he informed the driver Billy Jo Marco y Bahillo the nature of his arrest, apprised his constitutional right in dialects known and understood by him, after which, issued Temporary Operators Permit (TOP) ticket with no. 13811524-6 for Involve in Traffic Accident, Unregistered and Unlicensed. Further said motorcycle was turn-over to LTO-Rawis, RO-5 Legazpi City.(Hereto attached the copy of Affidavit of Custody, Medico Legal Certificate and Temporary Operator Permit (TOP) ticket, marked as Annex "G")

12. An inquest case of “Reckless Imprudence Resulting to Serious Physical Injury(Abandonment of ones own Victim) was filed before the Honorable Office of the City Prosecutor of Legazpi City docketed under no.V-02-INQ 13G-00053 dated July 29, 2013 that after a day, the suspect was released at this office by the ORDER from the Office of the Executive Judge(MTCC) duly signed by Executive Judge Noel R. Rubio, stating that the case is covered by Rule on Summary Procedure.

13. In CPO Blotter Entry no.0488 dated August 9, 2013, follow-up conducted by SPO1 Gary Amaranto, the victim Santiago Bersola y Damaso was departed/expired at about 2:43 in the morning of August 8, 2013 declared/pronounced by the attending physician Dr. Evangelista Emman at BRTTH, Legazpi City, and cadaver of the victim lies at Nuestra Señora de Salvacion Funeral Parlor, Bonot, Legazpi City, further during confrontation with the family of the victim, refused to conduct Autopsy examination in the cadaver.

14. That on November 18, 2013 this office furnished a request to the City Prosecutor Office, ammending that the case of “Serious Physical Injury” through Reckless Imprudence docketed under NPS No.V-02-INQ 13G-00053 be indorsed to “Homicide” through Reckless Imprudence. Further attached thereto the Supplemental Affidavit of the Complainant (widow), Death Certificate/ Clinical Abstract of the victim(Santiago D. Bersola), Medico-legal Certificate of the suspect/driver (Billy Jo Marco) and the blotter certification(CPO B.E. no. 488 dated August 9, 2013)

IV. DISCUSSIONS/FINDINGS:

15. In this instant case under investigation, the herein victim who was wearing white shirt and short pants was hit/bumped by the herein suspect/driver while standing in the right side of the road that fell in the cemented road and the mark of blood stain measured in between Aleco post 17 mtrs and City Street light 8.70 mtrs near right side of catwalk. Further, the suspect drove at speed his motorcycle (Suzuki Raider) in a negligent manner and without due regard to the safety of other road user, that when he was crashing down he was spotted in the C. Imperial St. wherein the impact at MOL 15 mtrs that after the incident he did not help the victim instead he led his driven motorcycle away from the place of incident wherein actually he was the caused of this particular incident. However,

he could avoided the said incident had he excercised care and prudence in his behalf.

V. CONCLUSION:

16. After a careful perusal surrounding this particular incident, probable cause exist that the herein suspec/driver displayed lack of foresight, precaution and did not execise the proper degree of care to circumvent the impending incident, hence the proximate caused of this incident resulted in the untimely death of the victim, the suspect/driver in his negligent manner is the caused, therefore he is criminally liable for Homicide through Reckless Imprudence.

VI. RECOMMENDATION:

17. Wherefore, in view of the foregoing, the undersigned respectfully recommends that this case be referred to Office of the City Prosecutor Office for final disposition.

PREPARED BY: NOTED BY:

Gary B. Amaranto Domingo Buado Tapel Jr. Senior Police Officer I Police Senior Inspector Officer-on-Case Chief, Investigation Section

APPROVED BY:

ROMMEL BLAZO DELA RAMA, MM, PESE Police SuperintendentActing Chief of Police

Attachments:

Police Blotter Certification Affidavit of Custody Affidavit of Mabel B.Bersola (Widow) Affidavit of Ralph G. Cadag Affidavit of Lawrence A. Baloso Affidavit of Henry B. Espinosa Photograph of victim (Santiago Bersola) Photograph of suspect/driver and Suzuki MC(OR/CR) Medical Certificate (victim) Temporary Operator Permit(TOP) Supplemental Affidavit(Widow) Death Certificate and Clinical Abstract (Victim) Medico-legal Certificate of suspect/driver Blotter Certification

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

MEMORANDUM

FOR : Provincial DirectorAlbay Police Provincial Office Camp General Simeon A. Ola, Legazpi City(Attn: C, PIDMS)

SUBJECT : Investigation Report Re: Hospitalization undergone by PO3 DINDO ROSERO LUPANGO

DATE : November 18, 2013

I. AUTHORITY:

1. PNP Circular No. 2011-011 entitled, “Expanded Reimbursement of Hospitalization Expenses of PNP Personnel in the Active Service.”

2. Inherent Police Functions.3. Standard Operating Procedure

II. MATTERS INVESTIGATED:

4. To estblished the sorrounding events of facts related in the hospitalization acquired by PO3 DINDO ROSERO LUPANGO on emergency condition and to determine his hospitalization expenses be covered by the PNP Circular no. 2011-011.

III. FACTS OF THE CASE:

5. On _____________ PO3 DINDO ROSERO LUPANGO were reassigned from Daraga MPS to Legazpi City Police Station pursuant to under G.O. no.____ dated _____of Albay Police Provincial Office 5 and designated Pursuant to station order no.______ dated______as Mobile Patrol 1 (MPU-1) of Legazpi City

Police Station, Legazpi City.(Hereto attached the copies of GO/SO and Service Record marked as annex "A")

6. In CPO Blotter Entry no. 1646 and 1648 dated September 29, 2013 duly recordedby PO2 Andrew Taduran duty desk officer at Legazpi City Police Station,located at B. Imperial St. Legazpi City revealed that on or about 8:00 O’clock in the evening ofSeptemer 29,2013 while PO3 Dindo Rosero Lupango driving his owned service motorcycle Honda XRM color Black, bearingplate no. 3783-EF withbackride his wife Pinky M.Lupango enroute to his home at P-7 Brgy.3Em’sBarrio Legazpi City coming from Brgy. Bitano Legazpi City traversing at along Alternate Road upon reaching fronting Philhealth, Regional Office 5 met a vehicular accident in a head-on impact with another Motorcycle Honda Wave color black and blue bearing plate no. EL-3710 driven by Renato C. Alamo that coming from Washington Drive enroute to Brgy. Bitano Legazpi City. That both driver sustained serious injury, while backride Pinky a minor lacerated wounds only and they emergency brought at Hospital by AHEMS ambulance.

(Attached the copy hereto excerpt of LCPS CPO Blotter Entry No. 1646 and 1648 dated September 29, 2013 marked as Annex “B”)

7. In the account of the witness one SG Francis G. Albalate he manifested that while on or about 8:00 o’clock in the evening of September 29, 2013 while in the performance of his official duty at the main entrance/driveway of Philhealth Regional Office 5 he heard a lound sound of a two motorcycle impact coming from the street, that upon verification it was both place in the middle of the road coming with opposite direction and three person one [1] female and two [2] male were lying on the street and all were injured. That after victim were taken off and brought into the hospital and he noticed that the motorcycle Honda XRM [driven by PO3 Dindo R. Lupango] the front fender was intact, while the Honda Wave [driven by Renato C. Alamo] the front portion were damage and the front wheel were disaligned

( On or about 1:15 PM, September 30, 2013 Radio Message for Transmission informed PD, Albay PPO Attn: Admin Section that PO3 DINDO ROSERO LUPANGO has met an accident on or about 8:00 PM, along Alternate Road, Fronting Philhealth Regional Office 5, Legazpi City, he was brought at Aquinas University Hospital at about 9:00 PM same date and was confined therein due to injury sustained, that on October 9, 2013 at about 7:00 AM LCPS Admin Section informed PD, Albay Attn: Admin Section that PO3 Dindo Rosero Lupango was discharged at Aquinas University Hospital on October 8, 2013 and was scheduled for Surgical Operation on October 11, 2013 and after the surgical operation he was discharged October 16, 2013 at Aquinas University Hospital.(Hereto attached the RADIO MESSAGE FOR TRANSMISSION to PD Albay Attn: ADMIN SECTION, marked as annex "C").

6. In the account of the of the witness SG Francisco Albalate guard on duty at Philhealth Regional Office 5, he manifested that before the incident takesplace while they performing thier duty at the front of said Philhealth building with his co-security guard SG Ronald Leonardo a past moving unidentified color white Van overtook a tricycle that call thier attention on the street and after it was gone a

loud sound deafening were hear coming from a two vehicle (motorcycle) on the street immidietely they proceeded to verify and help, there they saw a two motorcycle positioned in the different direction together with male person wearing short lying unconscious at the right side of a motorcycle color blue/black and in the other side of the road were also a male person wearing pants with female person wearing red shirt consciously at the right side of a motorcycle color Black, thereafter a motorist go by and they seek help, after a while police officer arrive followed by an Ambulance and they help the victims brought to the hospital. After which upon verification of the two motorcycle in the middle of the road, the color blue/black coming from Washington Drive enroute to Brgy. Bitano, Legazpi City the front fender were broken and front wheel disalligned, while the motorcycle coming from Brgy. Bitano enroute to Washington Drive the front fender were undamaged but the teliscopic rod were bend going in.

6. In the affidavit of PO3 Dindo Lupango y Rosero with badge no.145328 a bonafide PNP member assigned at Legazpi City Police Station designated as MPU-1 driver he averred that on September 29, 2013 (Attached hereto sworn statement of PO3 Dindo Lupango y Rosero marked as Annex "B")

7. In the account of Pinky Lupango y Mujar, 43 y/o, wife of PO3 Dindo Lupango y Rosero, a resident of Em's Barrio Legazpi City which was the witness when the actual incident ocurred, he averred that more or less at about 8:00 PM of September 29, 2013 while he was a backride of his husband ____________________, he saw Vehicle-2 running too fast moving in the opposite direction going to Brgy. Bitano, Legazpi City and upon reaching on a certain point particularly infront of Philhealth Regional Office 5 Vehicle-2[Honda Wave] hit/bumped us resulted to a head-on collision. Further averred that in the actual impact of collision V-1, turned left and it's front wheel encroach to the left lane as result of the impact.

8. On October 23, 2013 parties involved in the aforementioned vehicular accident appeared to this office during the course of confrontation/investigation, PO3 Dindo Lupango y Rosero (driver/owner of Vehicle 1 Honda XRM color Black plate no. 3783-EF) and Renato Alamo y Canon driver of the vehicle 2 (Honda Wave color Black and Blue plate no. EL-3710), manifested that in thier free will and volition they were amicably settled. The said amicable settlement was recorded under LCPS-CPO Blotter Entry no. ______ dated October 23, 2013.(Attach hereto the LCPS-CPO Blotter Entry no.______ Excerpt marked as annex "C")

9. Aquinas University Hospital, Washington Drive, Legazpi City charged PO3 Dindo Lupango y Rosero the amount of php._______ for the payment of Pharmacy-regular, Pharmacy-MDRP/GMAP, Laboratory, Central Supply, Meals/Dietary, X-Ray, ECG, Operating Room, Oxygen Inhalation and others Pulse Oximeter and ER FEE. Surgical Operation and Professional fee of the attending Physician, wherein it is covered by the deduction of Philhealth Insurance. Thus other medicine, materials/items bought from private drugstore cost with total expenditure of php.______. The total amount of his medical

expenses reached to more or less _________thousand (Php..00). (Hereto attached the copy of statement of Account and Official Reciepts marked as Annex "G")

10. Other pieces of related documents are the following: a. Clinical Abstract from Aquinas University Hospital;__________ b. Patient’s Statement of Hospital Bill dated Sept 29 to October 16,

2013 with a payable amount of Php. _______; c. Sale Invoices with a total cost of Php. ______; d. Service Record dated October ___, 2013; e. Professional Fees; Dr. Joselito B. Rustria [Php. _____.00] Dr. Maria Isabel C. Argarin [Php. ______.00]

Dr. Dante Batac [Php. _____.00]

IV. DISCUSSIONS/FINDINGS:

11. PO3 Dindo Lupango y Rosero, 43 years old, married a resident of Em's Barrio, Legazpi City and an active member of PNP designated as MPU-1 driver of Legazpi City Police Station, Albay PPO, PRO 5, that on September 29, 2013 to October 16, 2013, he was confined, treated and admitted at Aquinas University Hospital. Based on the foregoing facts, subject PNCO has been in the active and reputable service in the PNP for Eleven (11) years. And related with other party concerned they had entered into mutual agreement to settled the case, therefore fault/negligence could not thouroghly established since their respective allegations during the initial stage of investigation is unsubstantiated.

12. Under Item No. 5 of NHQ, PNP Circular No. 2011-011 otherwise known as the Expanded Reimbursement of Hospitalization Expenses of PNP Uniformed Personnel in the Active Service, that in the case of PO3 Dindo Lupango y Rosero, he was under an emergency situation and his medical attendance in private health care institution was in need for an immediate medical treatment due to his sustained multiple injury and undergoing operation.That in Par.6 (1) of just cited circular “Benifits derived hereof shall include the hospitalization of all active PNP Personnel due to injury”, (and PO3 Dindo Lupango y Rosero at the time of incident were going home after rendering his tour of duty at this office.)

V. CONCLUSION:

13. Based on the said Item No. 5 of NHQ, PNP Circular No. 2011-011 the emergency treatment conducted to PO3 Dindo Lupango y Rosero is an emergency condition, wherein his transfer to PNP General Hospital cannot be undertaken and that could hinder worst for his condition. Wherefore this office concludes that the hospitalization is an emergency condition which covered by said PNP Circular.

VI. RECOMMENDATION:

14. Due to the mutual agreement of both parties involved to amicably settled thier case this office recommend that the case be dropped and closed, further this office recommend that PO3 Dindo Lupango y Rosero be entiltled for the reimbursement of the hospitalization expenses.

PREPARED BY: NOTED BY:

Gary B. Amaranto Julius R. RomanoSenior Police Officer I Senior Police Officer I Officer-on-Case Investigation PNCO

APPROVED BY:

ROBERT AA. MORICO II, PESE Police SuperintendentActing Chief of Police

Attachments:

Appointment Order Service Record Special Order Promotion Order Reassignment Order Police Blotter Certification Affidavit of SG Francis Albalate Affidavit of PO3 Dindo Lupango y Rosero Affidavit of Pinky Lupango y Mujar Medical Certificate Clinical Abstract Statement Hospital Bill Sales Invoice Professional Fee Statement of Account and Official Reciepts

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Legazpi City

LEGCPS October 25, 2013

The Chief City Prosecutor People of the Philippines

City Prosecution Office -versus- Brgy.Bonot, Legazpi City 1.Erwin Agao y Abiera

-For-"Reckless Imprudence Resulting to

Serious Physical Injury and damage to Property"

Sir:

G r e e t i n g s;

May we request your good office that this following Supplemental Documents for the above entitled case Docketed under NPS No. V-02-INV 13H-00236 be considered and the criminal complaint of "Reckless Imprudence Resulting to Serious Physical Injury and Damages to Property" be amended to "Reckless Imprudence Resulting to Homecide";

1. Supplemental Affidavit of the Complainant2. Death Certificate of the Victim3. Autopsy Report4. Blotter Certification

Hoping this merit your most preferential attention; in the interest of JUSTICE.

Very truly yours,

ROBERT AA. MORICO II, PESE Police Superintendent

Acting Chief of Police

Republic of the Philippines….) Province of Albay……………….) S.S.City of Legazpi……………..…...)x - - - - - - - - - - - - - - - - x

SUPPLEMENTAL AFFIDAVIT

I, JEAN ARIENDA Y LLEVA, 37 yrs old, Single and a resident of P-1 Brgy. San Joaquin, Legazpi City, after having been duly sworn to in accordance with law, do hereby deposed and states:

1. That I am the daughter of Danilo Arienda y Almayda complainant of the case Docketed under NPS No.V-02-INV-13H-00236 for "Reckless Imprudence Resulting to Serious Physical Injury AND Damages to Property";

2. That my father [Danilo Arienda y Almayda] was pronounced dead by his attending physician Dr.____________, MD Medical Officer III of Bicol Regional Teaching and Training Hospital [BRTTH] on October __, 2013 at around 3:30 in the morning and based on the death certificate with medical findings _____________________________________________which was duly issued and signed by the aforesaid physician. [Attached herewith the Death Certificate dated October__, 2013 and Autopsy Report dated October___, 2013 of Danilo Arienda];

3. That the date and time of my father Danilo Arienda, death was reflected into record/blotter. [Attached herewith the excerpt certification of blotter entry no. ____dated October__, 2013 ];

4. That I executed this Supplemental Affidavit to appeal before the office of the Honorable City Prosecutor that the entitled case Docketed under NPS No. V-02-INQ 13G-00053 NPS No.V-02-INV-13H-00236 with criminal complaint of "Reckless Imprudence Resulting to Serious Physical Injury and Damages to Property" be amended to "Reckless Imprudence Resulting to Homecide".

5. That I will just narrate the other details in court;

6. That I executing this supplemental affidavit to attest to the truth and veracity of the foregoing facts and circumstances surrounding the incident to the best of my knowledge and belief, in support to the filing of formal complaint in court against the suspect Erwin Agao y Abiera;

IN WITNESS WHEREOF, I hereunto set my hand and affixed my signature this _____ day of October 2013 at Legazpi City, Philippines.

JEAN ARIENDA Y LLEVA (Affiant)

SUBSCRIBED AND SWORN TO before me this____ day of October 2013 at the Legazpi City, Philippines

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

MEMORANDUM

FOR : PD, Albay PPO(Attn: Chief, PIDMS)

SUBJECT : Investigation Report re:Vehicular Accident that

transpired along Alternate Road Fronting Philhealth Regional Office 5

DATE : October 22, 2013I. AUTHORITY:

1. Legazpi City Police Station, CPO Blotter Entry No. 1646-1648. 2. Inherent Police Function3. Standard Operating Procedure [SOP].

II. MATTERS INVESTIGATED: 4. To determined the facts and circumtances

sorrounding the vehicular incident that transpired along Alternate Road Fronting Philhealth Regional Office 5, Legazpi City.

III. FACTS OF THE CASE:

5. On September 29, 2013 at about 8:00 PM, a vehicular accident transpired along Alternate Road Fronting Philhealth Regional Office 5, Legazpi City. Wherein involved vehicles are as follows;

Vehicle 1- Honda XRM motorcycle, color Black, bearing plate no. 3783-EF, under OR no. 545539761, CR no.5918685-3, owned and driven by Dindo Lupango y Rosero,42 y/o,married of P-7 Brgy# 3 EM's Barrio, Legazpi City, holder and possessor of LTO PDL with license no.EO2-96-0031302 together with his wife as backride Pinky Lupango y Mujar, 43 y/o, married of same address.

Vehicle 2- Honda Wave, color Black and Blue, bearing LTO plate no.EL-3710 under OR no. 30984814, CR no.15540978 registered to Jonathan Advento of L4, B5Height Subd.Rawis, Legazpi City, driven by Renato Alamo y Canon, 39 y/o, married of Brgy. 37 Bitano, Legazpi City, holder and possessor of LTO PDL with license no. EO2-94-027175.

Accordingly, V1 coming from Tahao road, Legazpi City going to Em's Barrio, Legazpi City while V2 coming from Washington Drive, Legazpi City going to Bitano, Legazpi City, while both V1 and V2 traversing opposite direction along Alternate road, Legazpi City upon reaching at abovementioned place particularly at Philhealth Regional Office 5, both vehicle collided in head-on collision. Thereafter resulted to V1 driver and her backride and V2 driver sustained injuries on the different parts of thier body and both vehicle incurred undetermined amount of damages on the front portion of the motorcycles due to the incident. The incident was witnessed by SG Ronald Leonardo and SG Francisco Albalate guard on duty at Philhealth Regional Office 5, scene of incident was photograph by PO3 Joel Buen and drafts was made thru rough sketch by SPO1 Amaranto, likewise driver of V1 and her backride was brought to Aquinas Hospital while driver of V2 were brought to BRTTH Hospital (Attached hereto excerpt of LCPS CPO Blotter Entry No. 1646 and 1648 dated September 29, 2013 marked as Annex “A”)

6. In the account of PO3 Dindo Lupango y Rosero with badge no.145328 a bonafide PNP member assigned at Legazpi City Police Station designated as MPU-1 driver he averred that on September 29, 2013 while driving his owned service motorcycle Honda XRM, color Black bearing plate no.3783-EF, together with backride her wife Pinky coming from thier owned business establishment at Brgy.Bitano LKY Grand Terminal and enroute to their homes at Brgy.Em’s Barrio,Legazpi City that upon reaching along Alternate Road fronting Philhealth Regional Office 5 he saw a speeding motorcycle with bright light approaching that before he tried to evade because of the speed abruptly they were hit/bumped at the front portion, then he was fell at the rightside of the road together with his wife Pinky and that juncture he hold his head then his chin and managed by his wife to accompanied in the side of the road to be safe. He gleamed the other driver laying at the other side of the road unconsciously and when the Ambulance arrived he requested that the other driver unconsciously be the first tobe brought at the hospital, tell that the other said driver should be had

seen he tell with (Attached hereto sworn statement of PO3 Dindo Lupango y Rosero marked as Annex "B")

7. In the account of Pinky Lupango y Mujar, 43 y/o, wife of PO3 Dindo Lupango y Rosero, a resident of Em's Barrio Legazpi City which was the witness when the actual incident ocurred, he averred that more or less at about 8:00 PM of September 29, 2013 while she was a backride of his husband ____________________, he saw Vehicle-2 running too fast moving in the opposite direction going to Brgy. Bitano, Legazpi City and upon reaching on a certain point particularly infront of Philhealth Regional Office 5 Vehicle-2[Honda Wave] hit/bumped us resulted to a head-on collision. Further averred that in the actual impact of collision V-1, turned left and it's front wheel encroach to the left lane as result of the impact.

8. On October 23, 2013 both parties involved on the aforementioned vehicular accident appeared to this office for a confrontation to shed light the said incident and they agreed to settled thier case amicably as reflected in CPO Blotter Entry no.______;

or what ever during the course of confrontation/investigation, PO3 Dindo Lupango y Rosero (driver/owner of Vehicle 1 Honda XRM color Black plate no. 3783-EF) and Renato Alamo y Canon driver of the vehicle 2 (Honda Wave color Black and Blue plate no. EL-3710), manifested that they are_______. The said ________ was recorded under LCPS-CPO Blotter Entry no. ______ dated October 29, 2013.(Attach hereto the LCPS-CPO Blotter Entry no.______ Excerpt marked as annex "C")

9. In the account of the of the witness SG Francisco Albalate guard on duty at Philhealth Regional Office 5, he manifested that before the incident takesplace while they performing thier duty at the front of said Philhealth building with his co-security guard SG Ronald Leonardo a past moving unidentified color white Van overtook a tricycle that call thier attention and after it elapsed a loud sound deafening were heard coming from a two vehicle (motorcycle) on the street immidietely they proceeded to verify and help, there they saw a two motorcycle positioned in the different direction together with male person wearing short lying unconscious at the right side of a motorcycle color blue/black and in the other side of the road were also a male person wearing pants with female person wearing red shirt

consciously at the right side of a motorcycle color Black, therefter a motorist go by and they seek help, after a while police officer arrive followed by an Ambulance and they help the victims brought to the hospital. After which upon verification of the two motorcycle in the middle of the road, the color blue/black coming from Washington Drive enroute to Brgy. Bitano, Legazpi City the front fender were broken and front wheel disalligned, while the motorcycle coming from Brgy. Bitano enroute to Washington Drive the front fender were undamaged but the teliscopic rod were bend going in.

9. Based on the Medical Certificate of PO3 Dindo Lupango y Rosero appears that "__________________"duly issued by Dr. Joselito B. Rustia MD, the attending physician at Aquinas University Hospital, Washington Drive, Legazpi City. He was treated and confined for fifteen(15) days from September 29, 2013 to October 8, 2013 and last October 11, 2013 he was confined at the same hospital to undergone surgical operation and was discharged last October 16, 2013.(Hereto attached the copy of Medical Certificate marked as annex "D" and Radio Message Transmission for Admin Section-Albay PPO)

10. Based on the Medical Certificate of Renato Alamo y Canon appears that he sustained "Moderate Traumatic Head Injury Secondary to Vehicular Accident" which was duly issued by Dr. Abel Francisco Ramos II, MD Medical Officer III Department of Surgery BRTTH, Legazpi City. He was treated and confined from September 29, 2013 to October 7, 2013.(Hereto attached the copy of Medical Certificate marked as annex "E")

IV. DISCUSSION/CONCLUSION:

10. Due to the mutual agreement of both parties involved to amicably settle the case, the fault/negligence of either driver of the involved motor vehicles could not be established since their respective allegations during the initial stage of the investigation is unsubstantiated.

V. RECOMMENDATION:

11. Respectfully recommend that this case be (dropped and closed.)

Prepared by: Recommend approval:

Gary B. Amaranto Julius R. RomanoSenior Police Officer 1 Senior Police Officer 1 Investigation PNCO Investigation

PNCO

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

MEMORANDUM

FOR : Provincial DirectorAlbay Police Provincial Office Camp General Simeon A. Ola, Legazpi City(Attn: C, PIDMS)

SUBJECT : Investigation Report Re: Hospitalization undergone by PO3 DINDO ROSERO LUPANGO

DATE : October 24, 2013

I. AUTHORITY:

1. PNP Circular No. 2011-011 entitled, “Expanded Reimbursement of Hospitalization Expenses of PNP Personnel in the Active Service.”

2. Attached records/documentary requirements of PO3 DINDO ROSERO LUPANGO

II. MATTERS INVESTIGATED:

3. To determine the cause and surrounding circumstances of the hospitalization acquired by PO3 DINDO ROSERO LUPANGO on emergency condition (and to determine weather the medical expenses incurred are reimbursable.)

III. FACTS OF THE CASE:

4. On December 16, 2002 PO3 DINDO ROSERO LUPANGO was appointed as members of PNP at Camp General Simeon A. Ola, Legazpi City

and was absorbed under G.O. number _____ dated December 16, 2002. Pursuant to General Order number _____dated August 02, 2011 he was promoted to Police Officer III duly approve by our Regional Director PRO5. On _____2013 he was re-assigned at Legazpi City Police Station pursuant to Special Order number _____ of Albay Police Provincial Office and designated as driver at Mobile Patrol Unit 1(MPU1) pursuant to Station Order no. ____ dated ______of Legazpi City Police Station, Legazpi City.(Hereto attached the copies of GO/SO and Service Record marked as annex "A")

5. On September 29, 2013 at about 8:00 PM, a vehicular accident transpired along Alternate Road Fronting Philhealth Regional Office 5, Legazpi City. Wherein involved vehicles are as follows;

Vehicle 1- Honda XRM motorcycle, color Black, bearing plate no. 3783-EF, under OR no. 545539761, CR no.5918685-3, owned and driven by Dindo Lupango y Rosero,42 y/o,married of EM's Barrio, Legazpi City, holder and possessor of LTO PDL no.EO2-96-0031302 with backride (Wife) one Pinky Lupango y Mujar, 43 y/o, married of same address.

Vehicle 2- Honda Wave, color Black and Blue, bearing LTO plate no.EL-3710 under OR no. 30984814, CR no.15540978 registered to Jonathan Advento of L4, B5Height Subd.Rawis, Legazpi City, driven by Renato Alamo y Canon, 39 y/o, married of Brgy. 37 Bitano, Legazpi City, holder and possessor of LTO PDL no. EO2-94-027175.

Accordingly V1 was coming from Tahao road, Legazpi City going to Em's Barrio, Legazpi City while V2 coming from Washington Drive, Legazpi City going to Brgy. Bitano, Legazpi City, while both V1 and V2 traversing opposite direction along Alternate road, Legazpi City upon reaching at abovementioned place particularly at Philhealth Regional Office 5, both vehicle collided in head-on collision. Thereafter resulted to V1 driver and her backride and V2 driver sustained injuries on the different parts of thier body and both vehicle incurred undetermined amount of damages on the front portion of the motorcycles due to the incident. The incident was witnessed by SG Ronald Leonardo and SG Francisco Albalate guard on duty at Philhealth Regional Office 5, scene of incident was photograph by PO3 Joel Buen and drafts was made thru rough sketch by SPO1 Amaranto, likewise driver of V1 and her backride was brought to Aquinas Hospital while driver of V2 were brought to (Attached hereto excerpt of LCPS CPO Blotter Entry No. 1646 and 1648 dated September 29, 2013 marked as Annex “A”)

On or about 1:15 PM, September 30, 2013 Radio Message for Transmission informed PD, Albay PPO Attn: Admin Section that PO3 DINDO ROSERO LUPANGO has met an accident on or about 8:00 PM, along Alternate Road, Fronting Philhealth Regional Office 5, Legazpi City, he was brought at Aquinas University Hospital at about 9:00 PM same date and was confined therein due to injury sustained, that on October 9, 2013 at about 7:00 AM LCPS Admin Section informed PD, Albay Attn: Admin Section that PO3 Dindo Rosero Lupango was discharged at Aquinas University Hospital on October 8, 2013 and was scheduled for Surgical Operation on October 11, 2013 and after the surgical operation he was discharged October 16, 2013 at Aquinas University Hospital.

(Hereto attached the RADIO MESSAGE FOR TRANSMISSION to PD Albay Attn: ADMIN SECTION, marked as annex "C").

6. In the account of the of the witness SG Francisco Albalate guard on duty at Philhealth Regional Office 5, he manifested that before the incident takesplace while they performing thier duty at the front of said Philhealth building with his co-security guard SG Ronald Leonardo a past moving unidentified color white Van overtook a tricycle that call thier attention on the street and after it was gone a loud sound deafening were hear coming from a two vehicle (motorcycle) on the street immidietely they proceeded to verify and help, there they saw a two motorcycle positioned in the different direction together with male person wearing short lying unconscious at the right side of a motorcycle color blue/black and in the other side of the road were also a male person wearing pants with female person wearing red shirt consciously at the right side of a motorcycle color Black, thereafter a motorist go by and they seek help, after a while police officer arrive followed by an Ambulance and they help the victims brought to the hospital. After which upon verification of the two motorcycle in the middle of the road, the color blue/black coming from Washington Drive enroute to Brgy. Bitano, Legazpi City the front fender were broken and front wheel disalligned, while the motorcycle coming from Brgy. Bitano enroute to Washington Drive the front fender were undamaged but the teliscopic rod were bend going in.

6. In the affidavit of PO3 Dindo Lupango y Rosero with badge no.145328 a bonafide PNP member assigned at Legazpi City Police Station designated as MPU-1 driver he averred that on September 29, 2013 (Attached hereto sworn statement of PO3 Dindo Lupango y Rosero marked as Annex "B")

7. In the account of Pinky Lupango y Mujar, 43 y/o, wife of PO3 Dindo Lupango y Rosero, a resident of Em's Barrio Legazpi City which was the witness when the actual incident ocurred, he averred that more or less at about 8:00 PM of September 29, 2013 while he was a backride of his husband ____________________, he saw Vehicle-2 running too fast moving in the opposite direction going to Brgy. Bitano, Legazpi City and upon reaching on a certain point particularly infront of Philhealth Regional Office 5 Vehicle-2[Honda Wave] hit/bumped us resulted to a head-on collision. Further averred that in the actual impact of collision V-1, turned left and it's front wheel encroach to the left lane as result of the impact.

8. On October 23, 2013 parties involved in the aforementioned vehicular accident appeared to this office during the course of confrontation/investigation, PO3 Dindo Lupango y Rosero (driver/owner of Vehicle 1 Honda XRM color Black plate no. 3783-EF) and Renato Alamo y Canon driver of the vehicle 2 (Honda Wave color Black and Blue plate no. EL-3710), manifested that in thier free will and volition they were amicably settled. The said amicable settlement was recorded under LCPS-CPO Blotter Entry no. ______ dated October 23, 2013.(Attach hereto the LCPS-CPO Blotter Entry no.______ Excerpt marked as annex "C")

9. Aquinas University Hospital, Washington Drive, Legazpi City charged PO3 Dindo Lupango y Rosero the amount of php._______ for the payment of Pharmacy-regular, Pharmacy-MDRP/GMAP, Laboratory, Central Supply, Meals/Dietary, X-Ray, ECG, Operating Room, Oxygen Inhalation and others Pulse Oximeter and ER FEE. Surgical Operation and Professional fee of the attending Physician, wherein it is covered by the deduction of Philhealth Insurance. Thus other medicine, materials/items bought from private drugstore cost with total expenditure of php.______. The total amount of his medical expenses reached to more or less _________thousand (Php..00). (Hereto attached the copy of statement of Account and Official Reciepts marked as Annex "G")

10. Other pieces of related documents are the following: a. Clinical Abstract from Aquinas University Hospital;__________ b. Patient’s Statement of Hospital Bill dated Sept 29 to October 16,

2013 with a payable amount of Php. _______; c. Sale Invoices with a total cost of Php. ______; d. Service Record dated October ___, 2013; e. Professional Fees; Dr. Joselito B. Rustria [Php. _____.00] Dr. Maria Isabel C. Argarin [Php. ______.00]

Dr. Dante Batac [Php. _____.00]

IV. DISCUSSIONS/FINDINGS:

11. PO3 Dindo Lupango y Rosero, 43 years old, married a resident of Em's Barrio, Legazpi City and an active member of PNP designated as MPU-1 driver of Legazpi City Police Station, Albay PPO, PRO 5, that on September 29, 2013 to October 16, 2013, he was confined, treated and admitted at Aquinas University Hospital. Based on the foregoing facts, subject PNCO has been in the active and reputable service in the PNP for Eleven (11) years. And related with other party concerned they had entered into mutual agreement to settled the case, therefore fault/negligence could not thouroghly established since their respective allegations during the initial stage of investigation is unsubstantiated.

12. Under Item No. 5 of NHQ, PNP Circular No. 2011-011 otherwise known as the Expanded Reimbursement of Hospitalization Expenses of PNP Uniformed Personnel in the Active Service, that in the case of PO3 Dindo Lupango y Rosero, he was under an emergency situation and his medical attendance in private health care institution was in need for an immediate medical treatment due to his sustained multiple injury and undergoing operation.That in Par.6 (1) of just cited circular “Benifits derived hereof shall include the hospitalization of all active PNP Personnel due to injury”, (and PO3 Dindo Lupango y Rosero at the time of incident were going home after rendering his tour of duty at this office.)

V. CONCLUSION:

13. Based on the said Item No. 5 of NHQ, PNP Circular No. 2011-011 the emergency treatment conducted to PO3 Dindo Lupango y Rosero is an emergency condition, wherein his transfer to PNP General Hospital cannot be undertaken and that could hinder worst for his condition. Wherefore this office

concludes that the hospitalization is an emergency condition which covered by said PNP Circular.

VI. RECOMMENDATION:

14. Due to the mutual agreement of both parties involved to amicably settled thier case this office recommend that the case be dropped and closed, further this office recommend that PO3 Dindo Lupango y Rosero be entiltled for the reimbursement of the hospitalization expenses.

PREPARED BY: NOTED BY:

Gary B. Amaranto Julius R. RomanoSenior Police Officer I Senior Police Officer I Officer-on-Case Investigation PNCO

APPROVED BY:

ROBERT AA. MORICO II, PESE Police SuperintendentActing Chief of Police

Attachments:

Appointment Order Service Record Special Order Promotion Order Reassignment Order Police Blotter Certification Affidavit of SG Francis Albalate Affidavit of PO3 Dindo Lupango y Rosero Affidavit of Pinky Lupango y Mujar Medical Certificate Clinical Abstract Statement Hospital Bill Sales Invoice Professional Fee Statement of Account and Official Reciepts

Republika ng Pilipinas--] Lungsod ng Legazpi----] S.SLalawigan ng Albay------]X-----------------------------X

SINUMPAANG SALAYSAY

Ako si, RONALD LEONARDO Y MAGAYANES , 34 taong gulang, may asawa, isang gwardiya nakatira sa Brgy.56 Taysan, Legazpi City, pagkatapos manumpa nang sang ayon sa ipinag-uutos ng saligang batas ay malaya at kusang loob na nagsasalaysay;

1. Na, noong Septembre 29, 2013 humigit kumulang ika 8:00 ng gabi, habang ako ay nakaduty sa harap ng Philhealth Regional Office 5 Tahao Road, Legazpi City, malapit sa main entrance sa kaliwang bahagi nito at kausap ko ang aking kasamang guardiya na si Francis Albalate na nasa ibabang bahagi ng driveway entrance, ako ay napatingin sa isang pribadong sasakyan(Van) na kulay puti pagkat ito'y humaharurot at nag overtake sa isang traysikel na papunta din ng Washington Drive kaya ako ay napatingin sa harap ng kalsada at maya-maya makalipas ang ilang sandali biglang may malakas na tunog kaming narinig na nanggaling sa dalawang motorsiklo nagsalpukang sa gitna ng kalsada at ito'y galing sa magkabilang deriksiyon;

2. Na, dahil sa aking nasaksihan agad akong lumapit, kasama si Francis Albalate upang tumulong at agad kong nakita ang isang naka short na lalake, siya ay nakabulagta sa kaliwang bahagi ng kalsada at sa kanan naman nakabulagta ang isang lalake na nakapantalon kasama ay isang babae na nakasuot ng pulang damit. Maya-maya ay may dumaan motorista at siya ay aming pinakiusapan ipagbigay-alam ang pangyayari sa pinakamalapit na himpilan ng pulisya at makalipas ang ilang saglit nagsidatingan na ang mga pulis at maya-maya pati na rin ang Ambulansiya at agad tinulungan at nilapatan ng paunang lunas ang mga nasabing biktima;

3. Na, nang aking tingnan mabuti ang dalawang motorsiklo, ang papuntang Washington Drive galing ng Brgy. Bitano ay buo ang unahang tapaludo, samatalang ang motorsiklo na galing Washington drive papuntang Brgy. Bitano ay wasak ang tapaludo at ang unahang gulong ay nadisaligned (naotso), nagkalat din ang kanilang dalang pagkain;

4. Sa, kinalaunan ay aking napag-alaman na ang nasabing lalaking nakashort ay si Renato C. Alamo na siyang driver ng Honda wave motorsiklong kulay asul at itim na may plakang EL-3710 na papuntang Brgy. Bitano, Legazpi City, samantalang ang lalaking nakapantalon naman na siyang driver ng Honda XRM kulay itim na motorsiklo na papunta ng Washington Drive, Old Albay District, Legazpi City ay si Dindo R. Lupango na ang kasama niyang nakapulang damit ay ang kanyang asawang si Pinky M. Lupango;

5. Na ang salaysay kong ito ay aking isinagawa sa abot ng aking kaalaman upang mapatutuhanan ang mga bagay-bagay na may kinalaman sa pangyayaring aking nabangit;

SA KATUNAYAN NG LAHAT NG ITO, ako ay lumagda sa ibaba nito, ngayong ika____________ng Octubre 2013, dito sa lungsod ng Legazpi, Lalawigan ng Albay, Republika ng Pilipinas.

RONALD LEONARDO Y MAGAYANES (Nagsalaysay)

NILAGDAAN AT SINUMPAAN sa harap ko ngayong ika_____ ng Oktubre 2013, dito sa Lungsod ng Legazpi, Lalawigan ng Albay, Republika ng Pilipinas.

Republika ng Pilipinas--] Lungsod ng Legazpi----] S.SLalawigan ng Albay------]X-----------------------------X

SINUMPAANG SALAYSAY

Ako si, FRANCIS ALBALATE Y GAMOSA , 28 taong gulang, walang asawa, isang gwardiya nakatira sa Brgy.16 East Washington Drive Legazpi City, pagkatapos manumpa nang sang ayon sa ipinag-uutos ng saligang batas ay malaya at kusang loob na nagsasalaysay;

1. Na, noong Setyembre 29, 2013 humigit kumulang ika 8:00 ng gabi, habang ako ay nakaduty sa harap ng Philhealth Regional Office 5 Tahao Road, Legazpi City, malapit sa main entrance sa ibabang parte ng driveway entrance at kausap ko ang aking kasamang gwardiya na si Ronald Leonardo na nasa itaas na kaliwang bahagi, ako ay napatingin sa harapan ng kalsada sapagkat may isang pribadong sasakyan(Van) na kulay puti humaharurot at nag overtake sa isang traysikel na papunta din ng Washington Drive at maya-maya makalipas ang ilang sandali biglang may malakas na tunog akong narinig na nanggaling sa dalawang motorsiklo nagsalpukang sa gitna ng kalsada na galing sa magkabilang deriksiyon;

2. Na, dahil sa aking nasaksihan agad akong lumapit kasama si Ronald Leonardo upang tumulong at agad kong nakita ang isang naka short na lalake siya ay nakabulagta sa kaliwang bahagi ng kalsada at sa kanan naman nakabulagta ang isang lalake na nakapantalon kasama ng isang babae na nakasuot ng pulang damit. Maya-maya may dumaan motorista siya ay aming pinakiusapan humingi ng tulong sa pinakamalapit na himpilan ng pulisya at makalipas ang ilang saglit nagsidatingan na ang mga pulis at maya-maya pati na rin ang Ambulansiya at agad tinulungan at nilapatan ng paunang lunas ang mga nasabing biktima;

3. Na, nang aking tingnan mabuti ang dalawang motorsiklo, ang papuntang Washington Drive galing ng Brgy. Bitano ay buo ang unahang tapaludo, samatalang ang motorsiklo na galing Washington drive papuntang Brgy. Bitano ay wasak ang tapaludo at ang unahang gulong ay nadisaligned (naotso), nagkalat din ang kanilang dalang pagkain;

4. Sa, kinalaunan ay aking napag-alaman na ang nasabing lalaking nakashort ay si Renato C. Alamo na siyang driver ng Honda wave motorsiklong kulay asul at itim na may plakang EL-3710 na papuntang Brgy. Bitano, Legazpi City, samantalang ang lalaking nakapantalon naman na siyang driver ng Honda XRM kulay itim na motorsiklo na papunta ng Washington Drive, Old Albay District, Legazpi City ay si Dindo R. Lupango na ang kasama niyang nakapulang damit ay ang kanyang asawang si Pinky M. Lupango;

5. Na ang salaysay kong ito ay aking isinagawa sa abot ng aking kaalaman upang mapatutuhanan ang mga bagay-bagay na may kinalaman sa pangyayaring aking nabangit;

SA KATUNAYAN NG LAHAT NG ITO, ako ay lumagda sa ibaba nito, ngayong ika____________ng Octubre 2013, dito sa lungsod ng Legazpi, Lalawigan ng Albay, Republika ng Pilipinas.

FRANCIS ALBALATE Y GAMOSA (Nagsalaysay)

NILAGDAAN AT SINUMPAAN sa harap ko ngayong ika_____ ng Oktubre 2013, dito sa Lungsod ng Legazpi, Lalawigan ng Albay, Republika ng Pilipinas

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

MEMORANDUM

FOR : Provincial DirectorAlbay Police Provincial Office Camp General Simeon A. Ola, Legazpi City(Attn: C, PIDMS)

SUBJECT : Investigation Report Re: Hospitalization undergone by PO3 DINDO ROSERO LUPANGO

DATE : October 24, 2013

I. AUTHORITY:

1. PNP Circular No. 2011-011 entitled, “Expanded Reimbursement of Hospitalization Expenses of PNP Personnel in the Active Service.”

2. Attached records/documentary requirements of PO3 DINDO ROSERO LUPANGO

II. MATTERS INVESTIGATED:

3. To determine the cause and surrounding circumstances of the hospitalization acquired by PO3 DINDO ROSERO LUPANGO on emergency condition (and to determine wether the medical expenses incurred are reimbursable.)

III. FACTS OF THE CASE:

4. On December 16, 2002 PO3 DINDO ROSERO LUPANGO was appointed as members of PNP at Camp General Simeon A. Ola, Legazpi City and was absorbed under G.O. number _____ dated December 16, 2002. Pursuant to General Order number _____dated August 02, 2011 he was promoted to Police Officer III duly approve by our Regional Director PRO5. On _____2013 he was re-assigned at Legazpi City Police Station pursuant to Special Order number _____ of Albay Police Provincial Office and designated as driver at Mobile Patrol Unit 1(MPU1) pursuant to Station Order no. ____ dated ______of Legazpi City Police Station, Legazpi City.(Hereto attached the copies of GO/SO and Service Record marked as annex "A")

5. On September 29, 2013 at about 8:00 PM, a vehicular accident transpired along Alternate Road Fronting Philhealth Regional Office 5, Legazpi City. Wherein involved vehicles are as follows;

Vehicle 1- Honda XRM motorcycle, color Black, bearing plate no. 3783-EF, under OR no. 545539761, CR no.5918685-3, owned and driven by Dindo Lupango y Rosero,42 y/o,married of EM's Barrio, Legazpi City, holder and possessor of LTO PDL no.EO2-96-0031302 with backride (Wife) one Pinky Lupango y Mujar, 43 y/o, married of same address.

Vehicle 2- Honda Wave, color Black and Blue, bearing LTO plate no.EL-3710 under OR no. 30984814, CR no.15540978 registered to Jonathan Advento of L4, B5Height Subd.Rawis, Legazpi City, driven by Renato Alamo y Canon, 39 y/o, married of Brgy. 37 Bitano, Legazpi City, holder and possessor of LTO PDL no. EO2-94-027175.

Accordingly V1 was coming from Tahao road, Legazpi City going to Em's Barrio, Legazpi City while V2coming from Washington Drive, Legazpi City going to Bitano, Legazpi City, while both V1 and V2 traversing opposite direction along Alternate road, Legazpi City upon reaching at abovementioned place particularly at Philhealth Regional Office 5, both vehicle collided in head-on collision. Thereafter resulted to V1 driver and her backride and V2 driver sustained injuries on the different parts of thier body and both vehicle incurred undetermined amount of damages on the front portion of the motorcycles due to the incident. The incident was witnessed by SG Ronald Leonardo and SG Francisco Albalate guard on duty at Philhealth Regional Office 5, scene of incident was photograph by PO3 Joel Buen and drafts was made thru rough sketch by SPO1 Amaranto, likewise driver of V1 and her backride was brought to Aquinas Hospital while driver of V2 were brought to (Attached hereto excerpt of LCPS CPO Blotter Entry No. 1646 and 1648 dated September 29, 2013 marked as Annex “A”)

On or about 1:15 PM, September 30, 2013 Radio Message for Transmission informed PD, Albay PPO Attn: Admin Section that PO3 DINDO ROSERO LUPANGO has met an accident on or about 8:00 PM, along Alternate Road, Fronting Philhealth Regional Office 5, Legazpi City, he was brought at Aquinas University Hospital at about 9:00 PM same date and was confined therein due to injury sustained, that on October 9, 2013 at about 7:00 AM LCPS Admin Section informed PD, Albay Attn: Admin Section that PO3 Dindo Rosero Lupango was discharged at Aquinas University Hospital on October 8, 2013 and was scheduled for Surgical Operation on October 11, 2013 and after the surgical operation he was discharged October 16, 2013 at Aquinas University Hospital.(Hereto attached the RADIO MESSAGE FOR TRANSMISSION to PD Albay Attn: ADMIN SECTION, marked as annex "C").

6. In the account of the of the witness SG Francisco Albalate guard on duty at Philhealth Regional Office 5, he manifested that before the incident takesplace while they performing thier duty at the front of said Philhealth building with his co-security guard SG Ronald Leonardo a past moving unidentified color white Van overtook a tricycle that call thier attention and after it elapsed a loud sound deafening were heard coming from a two vehicle

(motorcycle) on the street immidietely they proceeded to verify and help, there they saw a two motorcycle positioned in the different direction together with male person wearing short lying unconscious at the right side of a motorcycle color blue/black and in the other side of the road were also a male person wearing pants with female person wearing red shirt consciously at the right side of a motorcycle color Black, therefter a motorist go by and they seek help, after a while police officer arrive followed by an Ambulance and they help the victims brought to the hospital. After which upon verification of the two motorcycle in the middle of the road, the color blue/black coming from Washington Drive enroute to Brgy. Bitano, Legazpi City the front fender were broken and front wheel disalligned, while the motorcycle coming from Brgy. Bitano enroute to Washington Drive the front fender were undamaged but the teliscopic rod were bend going in.

6. In the affidavit of PO3 Dindo Lupango y Rosero with badge no.145328 a bonafide PNP member assigned at Legazpi City Police Station designated as MPU-1 driver he averred that on September 29, 2013 (Attached hereto sworn statement of PO3 Dindo Lupango y Rosero marked as Annex "B")

7. In the account of Pinky Lupango y Mujar, 43 y/o, wife of PO3 Dindo Lupango y Rosero, a resident of Em's Barrio Legazpi City which was the witness when the actual incident ocurred, he averred that more or less at about 8:00 PM of September 29, 2013 while he was a backride of his husband ____________________, he saw Vehicle-2 running too fast moving in the opposite direction going to Brgy. Bitano, Legazpi City and upon reaching on a certain point particularly infront of Philhealth Regional Office 5 Vehicle-2[Honda Wave] hit/bumped us resulted to a head-on collision. Further averred that in the actual impact of collision V-1, turned left and it's front wheel encroach to the left lane as result of the impact.

8. On October 23, 2013 parties involved in the aforementioned vehicular accident appeared to this office during the course of confrontation/investigation, PO3 Dindo Lupango y Rosero (driver/owner of Vehicle 1 Honda XRM color Black plate no. 3783-EF) and Renato Alamo y Canon driver of the vehicle 2 (Honda Wave color Black and Blue plate no. EL-3710), manifested that in thier free will and volition they were amicably settled. The said amicable settlement was recorded under LCPS-CPO Blotter Entry no. ______ dated October 23, 2013.(Attach hereto the LCPS-CPO Blotter Entry no.______ Excerpt marked as annex "C")

9. Aquinas University Hospital, Washington Drive, Legazpi City charged PO3 Dindo Lupango y Rosero the amount of php._______ for the payment of Pharmacy-regular, Pharmacy-MDRP/GMAP, Laboratory, Central Supply, Meals/Dietary, X-Ray, ECG, Operating Room, Oxygen Inhalation and

others Pulse Oximeter and ER FEE. Surgical Operation and Professional fee of the attending Physician, wherein it is covered by the deduction of Philhealth Insurance. Thus other medicine, materials/items bought from private drugstore cost with total expenditure of php.______. The total amount of his medical expenses reached to more or less _________thousand (Php..00). (Hereto attached the copy of statement of Account and Official Reciepts marked as Annex "G")

10. Other pieces of related documents are the following: a. Clinical Abstract from Aquinas University Hospital;__________ b. Patient’s Statement of Hospital Bill dated Sept 29 to October 16,

2013 with a payable amount of Php. _______; c. Sale Invoices with a total cost of Php. ______; d. Service Record dated October ___, 2013; e. Professional Fees; Dr. Joselito B. Rustria [Php. _____.00] Dr. Maria Isabel C. Argarin [Php. ______.00]

Dr. Dante Batac [Php. _____.00]

IV. DISCUSSIONS/FINDINGS:

11. PO3 Dindo Lupango y Rosero, 43 years old, married a resident of Em's Barrio, Legazpi City and an active member of PNP designated as MPU-1 driver of Legazpi City Police Station, Albay PPO, PRO 5, that on September 29, 2013 to October 16, 2013, he was confined, treated and admitted at Aquinas University Hospital. Based on the foregoing facts, subject PNCO has been in the active and reputable service in the PNP for Eleven (11) years. And related with other party concerned they had entered into mutual agreement to settled the case, therefore fault/negligence could not thouroghly established since their respective allegations during the initial stage of investigation is unsubstantiated.

12. Under Item No. 5 of NHQ, PNP Circular No. 2011-011 otherwise known as the Expanded Reimbursement of Hospitalization Expenses of PNP Uniformed Personnel in the Active Service, that in the case of PO3 Dindo Lupango y Rosero, he was under an emergency situation and his medical attendance in private health care institution was in need for an immediate medical treatment due to his sustained multiple injury and undergoing operation.That in Par.6 (1) of just cited circular “Benifits derived hereof shall include the hospitalization of all active PNP Personnel due to injury”, and PO3 Dindo Lupango y Rosero at the time of incident were going home after rendering his tour of duty at this office.

“Hospitalization – The rendering of medical attendance after admission in any PNP Medical Facility (to include PNP General Hospital), government and/or private health care institution.”

in relation to the guidelines enumerated in Par. 6 (1) of the just cited circular, to wit:

“Benefits derived hereof shall include the hospitalization of: a) All active PNP Personnel confined in PNP General Hospital and/or PNP Medical Facilities, or PNP accredited government and/or hospitals due to illness/injury xxx.” (Emphasis supplied)

V. CONCLUSION:

13. Based on the said Item No. 5 of NHQ, PNP Circular No. 2011-011 the emergency treatment conducted to PO3 Dindo Lupango y Rosero is an emergency condition, wherein his transfer to PNP General Hospital cannot be undertaken and that could hinder worst for his condition. Wherefore this office concludes that the hospitalization is an emergency condition which covered by said PNP Circular.

VI. RECOMMENDATION:

14. Due to the mutual agreement of both parties involved to amicably settled thier case this office recommend that the case be dropped and closed, further this office recommend that PO3 Dindo Lupango y Rosero be entiltled for the reimbursement of the hospitalization expenses.

PREPARED BY: NOTED BY:

Gary B. Amaranto Julius R. RomanoSenior Police Officer I Senior Police Officer I Officer-on-Case Investigation PNCO

APPROVED BY:

ROBERT AA. MORICO II, PESE Police SuperintendentActing Chief of Police

Attachments:

Appointment Order Service Record Special Order Promotion Order Police Blotter Certification Affidavit of PSSUPT JACINTO CULVER NASOL SISON Medical Certificate

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

MEMORANDUM

FOR : PD, Albay PPO(Attn: Chief, PIDMS)

SUBJECT : Investigation Report re:Vehicular Accident that

transpired along Alternate Road Fronting Philhealth Regional Office 5

DATE : October 22, 2013I. AUTHORITY:

1. Legazpi City Police Station, CPO Blotter Entry No. 1646-1648. 2. Inherent Police Function3. Standard Operating Procedure [SOP].

II. MATTERS INVESTIGATED: b Regional Office 5, Legazpi City.

III. FACTS OF THE CASE:

5. On September 29, 2013 at about 8:00 PM, a vehicular accident transpired along Alternate Road Fronting Philhealth Regional Office 5, Legazpi City. Wherein involved vehicles are as follows;

Vehicle 1- Honda XRM motorcycle, color Black, bearing plate no. 3783-EF, under OR no. 545539761, CR no.5918685-3, owned and driven by Dindo Lupango y Rosero,42 y/o,married of EM's Barrio, Legazpi City, holder and possessor of LTO PDL no.EO2-96-0031302 with backride (Wife) one Pinky Lupango y Mujar, 43 y/o, married of same address.

Vehicle 2- Honda Wave, color Black and Blue, bearing LTO plate no.EL-3710 under OR no. 30984814, CR no.15540978 registered to Jonathan Advento of L4, B5Height Subd.Rawis, Legazpi City, driven by Renato Alamo y Canon, 39 y/o, married of Brgy. 37 Bitano, Legazpi City, holder and possessor of LTO PDL no. EO2-94-027175.

Accordingly V1 was coming from Tahao road, Legazpi City going to Em's Barrio, Legazpi City while V2coming from Washington Drive, Legazpi City going to Bitano, Legazpi City, while both V1 and V2 traversing opposite direction along Alternate road, Legazpi City upon reaching at abovementioned place particularly at Philhealth Regional Office 5, both vehicle collided in head-on collision. Thereafter resulted to V1 driver and her backride and V2 driver sustained injuries on the different parts of thier body and

both vehicle incurred undetermined amount of damages on the front portion of the motorcycles due to the incident. The incident was witnessed by SG Ronald Leonardo and SG Francisco Albalate guard on duty at Philhealth Regional Office 5, scene of incident was photograph by PO3 Joel Buen and drafts was made thru rough sketch by SPO1 Amaranto, likewise driver of V1 and her backride was brought to Aquinas Hospital while driver of V2 were brought to (Attached hereto excerpt of LCPS CPO Blotter Entry No. 1646 and 1648 dated September 29, 2013 marked as Annex “A”)

6. In the affidavit of PO3 Dindo Lupango y Rosero with badge no.145328 a bonafide PNP member assigned at Legazpi City Police Station designated as MPU-1 driver he averred that on September 29, 2013 (Attached hereto sworn statement of PO3 Dindo Lupango y Rosero marked as Annex "B")

7. In the account of Pinky Lupango y Mujar, 43 y/o, wife of PO3 Dindo Lupango y Rosero, a resident of Em's Barrio Legazpi City which was the witness when the actual incident ocurred, he averred that more or less at about 8:00 PM of September 29, 2013 while he was a backride of his husband ____________________, he saw Vehicle-2 running too fast moving in the opposite direction going to Brgy. Bitano, Legazpi City and upon reaching on a certain point particularly infront of Philhealth Regional Office 5 Vehicle-2[Honda Wave] hit/bumped us resulted to a head-on collision. Further averred that in the actual impact of collision V-1, turned left and it's front wheel encroach to the left lane as result of the impact.

8. On October 23, 2013 parties involved in the aforementioned vehicular accident appeared to this office during the course of confrontation/investigation, PO3 Dindo Lupango y Rosero (driver/owner of Vehicle 1 Honda XRM color Black plate no. 3783-EF) and Renato Alamo y Canon driver of the vehicle 2 (Honda Wave color Black and Blue plate no. EL-3710), manifested that they are_______. The said ________ was recorded under LCPS-CPO Blotter Entry no. ______ dated October 29, 2013.(Attach hereto the LCPS-CPO Blotter Entry no.______ Excerpt marked as annex "C")

9. Based on the Medical Certificate of PO3 Dindo Lupango y Rosero reveal the diagnosis "__________________"duly issued by Dr. Joselito B. Rustia MD, the attending physician at Aquinas University Hospital,

Washington Drive, Legazpi City. He was treated and confined for fifteen(15) days from September 29, 2013 to October 8, 2013 and on October 11, 2013 undergone surgical operation and was discharged October 16, 2013.(Hereto attached the copy of Medical Certificate marked as annex "D" and Radio Message Transmission for Admin Section-Albay PPO)

10. Based on the Medical Certificate of Renato Alamo y Canon driver of the vehicle 2 (Honda Wave color Black and Blue plate no. EL-3710) reveal the diagnosis "Moderate Traumatic Head Injury Secondary to Vehicular Accident" duly issued by Dr. Abel Francisco Ramos II, MD Medical Officer III Department of Surgery BRTTH, Legazpi City. He was treated and confined for eight(8) days from September 29, 2013 to October 7, 2013.(Hereto attached the copy of Medical Certificate marked as annex "E")

IV. DISCUSSION/CONCLUSION:

10. Due to the mutual agreement of both parties involved to amicably settle the case, the fault/negligence of either driver of the involved motor vehicles could not be established since their respective allegations during the initial stage of the investigation is unsubstantiated.

V. RECOMMENDATION:

11. Respectfully recommend that this case be (dropped and closed.)

Prepared by: Recommend approval:

Gary B. Amaranto Julius R. RomanoSenior Police Officer 1 Senior Police Officer 1 Investigation PNCO Investigation

PNCO

Approved by:

ROBERT AA MORICO II, PESEPolice Superintendent

Acting Chief of Police

Republic of the Philippines]City of Legazpi-------------]x----------------------------x

S W O R N S T A T E M E N T

I, NESTOR ALAGABAN Y ABIERA 41 years old, married a resident of/and with postal address at Purok-6, Bgy Bigaa, Legazpi City after having been sworn to in accordance with the law hereby deposed and say;

1. That on or about 7:00 o'clock in the evening of August 6, 2013, while I was seating close to the eatery of Bebot Abacado at Purok-6, Bgy Bigaa, Legazpi City, I actually saw a vehicle/car coming from Bgy Padang, Legazpi City going to Legazpi City proper;

2. That the said car was running too past and swerving to other side of the road;

3. That when the car was already in front of Ms Edinia Mendoza of said place, it suddenly bumped [head on collision] with a passenger jitney which running on opposite direction;

4. That on that juncture, I immediately called the attention of the other people thereat to help the involved person's in the said accident;

5. That later I learned that the driver of Nissan Car is a police officer [PSSupt. Jacinto Culver N Sison] which was immediately brought to the hospital for medical treatment;

6. That I actually saw that both vehicles were incurred damages;

7. That the other details relative to that incident will just be narrated by in court if told doing so;

8. That I executed this affidavit to attest the truthfulness of the foregoing facts and circumstances surrounding the incident to the best of my knowledge and belief;

IN WITNESS HEREOF, I have hereunto set my hands and affixed my signature this _____ th day of October 2013 at Legazpi City, Philippines

NESTOR A ALAGABAN[Affiant]

SUBSCRIBED AND SWORN to before this _____ th day of October 2013, at Legazpi City, Philippines

Republic of the Philippines]City of Legazpi-------------]x----------------------------x

S W O R N S T A T E M E N T

I, PILAR GAVERIA Y _____ 41 years old, married a resident of/and with postal address at Purok-6, Bgy Bigaa, Legazpi City after having been sworn to in accordance with the law hereby deposed and say;

1. That on or about 7:00 o'clock in the evening of August 6, 2013, while I was seating close to the eatery of Bebot Abacado at Purok-6, Bgy Bigaa, Legazpi City, I actually saw a vehicle/car coming from Bgy Padang, Legazpi City going to Legazpi City proper;

2. That the said car was running too past and swerving to other side of the road;

3. That when the car was already in front of Ms Edinia Mendoza of said place, it suddenly bumped [head on collision] with a passenger jitney which running on opposite direction;

4. That on that juncture, I immediately called the attention of the other people thereat to help the involved person's in the said accident;

5. That later I learned that the driver of Nissan Car is a police officer [PSSupt. Jacinto Culver N Sison] which was immediately brought to the hospital for medical treatment;

6. That I actually saw that both vehicles were incurred damages;

7. That the other details relative to that incident will just be narrated by in court if told doing so;

8. That I executed this affidavit to attest the truthfulness of the foregoing facts and circumstances surrounding the incident to the best of my knowledge and belief;

IN WITNESS HEREOF, I have hereunto set my hands and affixed my signature this _____ th day of October 2013 at Legazpi City, Philippines

PILAR GAVERIA Y _____[Affiant]

SUBSCRIBED AND SWORN to before this _____ th day of October 2013, at Legazpi City, Philippines

Republic of the Philippines]City of Legazpi-------------]x----------------------------x

S W O R N S T A T E M E N T

I, NESTOR ALAGABAN Y ABIERA 41 years old, married a resident of/and with postal address at Purok-6, Bgy Bigaa, Legazpi City after having been sworn to in accordance with the law hereby deposed and say;

1. That on or about 7:00 o'clock in the evening of August 6, 2013, while I was seating close to the eatery of Bebot Abacado at Purok-6, Bgy Bigaa, Legazpi City, I actually saw a vehicle/car coming from Bgy Padang, Legazpi City going to Legazpi City proper;

2. That the said car was traversing going ahead suddenly swerve to the other side of the road;

3. That when the car was already in front of Ms Edinia Mendoza of said place, it suddenly collided in a head-on impact with a passenger jitney which traversing in opposite direction;

4. That on that juncture, I immediately called the attention of the other people thereat to help the involved person's in the said accident;

5. That later I learned that the driver of Nissan Car is a police officer [PSSupt. Jacinto Culver N Sison] which was immediately brought to the hospital for medical treatment;

6. That I actually saw that both vehicles were incurred damages;

7. That the other details relative to that incident will just be narrated by in court if told doing so;

8. That I executed this affidavit to attest the truthfulness of the foregoing facts and circumstances surrounding the incident to the best of my knowledge and belief;

IN WITNESS HEREOF, I have hereunto set my hands and affixed my signature this _____ th day of October 2013 at Legazpi City, Philippines

NESTOR A ALAGABAN[Affiant]

SUBSCRIBED AND SWORN to before this _____ th day of October 2013, at Legazpi City, Philippines

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

MEMORANDUM

FOR : PD, Albay PPO(Attn: Chief, PIDMS)

SUBJECT : Investigation Report re:Vehicular Accident that

transpired along National Highway of P-6 Brgy.49 Bigaa, Legazpi City

DATE : October 9, 2013I. AUTHORITY:

1. Legazpi City Police Station, CPO Blotter Entry No. 0391-0399 and CPAC-1 Blotter Entry No. 210 2. Inherent Police Function;3. Standard Operating Procedure [SOP].

II. MATTERS INVESTIGATED: 4. To determined the facts sorrounding the

vehicular incident that transpired along National Highway of P-6, Brgy. 49 Bigaa, Legazpi City.

III. FACTS OF THE CASE:

5. On August 6, 2013 at about 7:15 PM, a vehicular accident transpired along the National Highway of P-6 Brgy.49 Bigaa, Legazpi City, particularly near Mendoza Apartment. Wherein involved vehicles are as follows;

Vehicle 1- Nissan Sentra, color Green, bearing LTO plate no. EBE-677, registered to Junilo M. Lañada of No. 4 Doña Cecilia Village Daraga Albay, under LTO OR no. 282277085 dated 08/07/13 and driven by Police Senior Superintendent JACINTO CULVER NASOL SISON, 52 years old, married a resident of Centro Camalig Albay, holder of LTO PDL no. EO2-88-017305 with restriction code number 1,2, & 3 valid until 2015-09-15.

Vehicle 2- Passenger Utility Jitney, bearing LTO plate no.TWG-338, registered to Byron B. Bañares a resident of Poblacion Sto. Domingo Albay, under LTO CR no. 7235907-0 and LTO OR no.247300410 dated 8/22/12 driven by Alano Besa y Bilaza, 38 years old, married a resident of Zone 5 Brgy. 51 Buyoan, Legazpi City, holder of LTO PDL no. EO2-09-001978 with restriction code number 1,2 valid until 2014-08-19.

Initial investigation conducted by the responding Police Officer PO3 Arnee Julius Dedase and PO2 Jereck Banaynal disclosed that both vehicles were traversing in an opposite direction, wherein V-1 coming from Sto. Domingo, Albay enroute towards Legazpi City proper, while V-2 coming from Legazpi City proper enroute towards Sto. Domingo Albay, thereafter upon reaching P-6, Brgy. 49 Bigaa, Legazpi City, along the National Highway, particularly near of Mendoza

Apartment, both vehicles collided. Due to said incident both vehicles incurred undetermined amount of damages. That upon arrival of the responding police officers the driver of V-1 was already brought to Albay Doctors Hospital, located at Peñaranda St. Brgy. Baybay, Legazpi City for first aid treatment and transferred to Aquinas University Hospital boarded to Ambulance of PRO5 Health Service, Camp General Simeon A. Ola, Legazpi City for surgical operation. Driver of V2(PUJ) was also brought to BRTTH for Medical/Physical Examination. Scene was processed(photographed and rough sketched) by the responding police officers while both vehicles were in their original position. Incident was witness by one Nestor Alagaban y Abiera, 41 years old, married, of P-6 Brgy. 49 Bigaa, Legazpi City.(Attached hereto excerpt of LCPS CPO Blotter Entry No. 0391,0399 and CPAC 1 Blotter Entry no. 210 dated August 6, 2013 marked as Annex “A”)

6. In the affidavit of PSSUPT JACINTO CULVER NASOL SISON he averred that on August 6, 2013 as the Chief, Regional Police Community Relation Division, he conducted liasoning on PCR activities to be undertaken by the different Municipal Police Station (MPS) in the 1st District of Albay and on or about 7:00 PM of same dated(August 6, 2013), when he was about to go back to his transient quarter at Camp Gen. Simeon A. Ola, Legazpi City and was driving his service vehicle NISSAN SENTRA, color Green, bearing plate no. EBE-677, registered to Junilo M. Lañada of Doña Cecilia Village, Daraga Albay under LTO OR no.282277095 dated 8/7/2013, LTO CR no. 757789580 dated 07/01/2009 vehicle along the National Highway from the 1st Dsitrict of Albay to Legazpi City, when he reached somewhere at Brgy. Bigaa, Legazpi City he met an accident, after a mechanical trouble occurs-malfunction of the steering wheel of his driven service vehicle and due to said incident he sustained injuries and was brougth to Aquinas University Hospital, Legazpi City for treatment and was confined for almost Nine (9) days from August 6, 2013 to August 14, 2013. His Hospital and Medical Expenses reached to the amount of more or less Two Hundred Fifty Thousand Pesos (PhP 250,000.00) (Attached hereto sworn statement of PSSUPT Jacinto Culver Nasol Sison marked as Annex "B")

7. In the account of Nestor Alagaban y Abiera, 41 y/o married a resident of Prk-6 Brgy. 49, Bigaa, Legazpi City which was the witness when the actual incident ocurred, he averred that more or less at about 7:00 PM of August 6, 2013 while he was sitting in front of Bebot Eatery and Lugawan at

Prk-6 of their Barangay, he saw Vehicle-1 running too fast moving from Sto. Domingo Albay going to Legazpi City proper and same swerving on the left lane of the road and upon reaching on a certain point particularly infront of him, Vehicle-1[Nissan Sentra] bumped in a head-on collision with Vehicle- 2[PUJ] which was slow moving coming from Legazpi City proper towards Sto. Domingo, Albay, after unloading a passenger at the above said place. Further averred that in the actual impact of collision V-1, turned right as result of the impact.

8. On September 4, 2013 re-parties involved in the aforementioned vehicular accident appeared to this office during the course of confrontation/investigation, PSSUPT. Jacinto Culver Nasol Sison (driver of Vehicle 1Nissan Sentra plate no. EBE-677) represented by PO3 Denver Romero and JO2 John San Esteban owner of the vehicle 2 (PUJ plate no. TWG-338), manifested that they are no longer interested to pursue any legal action against each other and that they have mutually agreed to settled the case amicably. The said agreement was recorded under LCPS-CPO Blotter Entry no. 1097 dated September 4, 2013.(Attach hereto the LCPS-CPO Blotter Excerpt marked as annex "C")

9. Based on the Medical Certificate of PSSUPT Jacinto Culver Nasol Sison reveal the diagnosis "Cerebral Concussion, Fructure-Left frontal bone, head, Multiple lacerations-knee right, wrist left, Multiple Contusion-chest wall, forearm right ,abdominal wall, Fructure ,patellar, right, Dislocation of radical joint left. duly issued by Dr. Joselito B. Rustia MD, the attending physician at Aquinas University Hospital, Washington Drive, Legazpi City. He was treated and confined for nine(7) days from August 8, 2013 to August 14, 2013 and undergone surgical operation.(Hereto attached the copy of Medical Certificate marked as annex "D")

IV. DISCUSSION/CONCLUSION:

10. Due to the mutual agreement of both parties involved to amicably settle the case, the fault/negligence of either driver of the involved motor vehicles could not be established since their respective allegations during the initial stage of the investigation is unsubstantiated.

V. RECOMMENDATION:

11. Respectfully recommend that this case be dropped and closed.

Prepared by: Recommend approval:

Florence Karl S. Abalos Gary B. AmarantoPolice Officer 2 Senior Police

Officer 1 Investigation PNCO Investigation PNCO

Approved by:

ROBERT AA MORICO II, PESEPolice SuperintendentActing Chief of Police

Republic of the PhilippinesNATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE

POLICE____________

___________________

_______, Legazpi City

MEMORANDUM

FOR : Chief_________

FROM : Investigator-On-Case

SUBJECT : Investigation Report Re: Request for Reimbursement of Hospitalization Expenses of P__________

DATE : September __, 2013

I. AUTHORITY:

1. PNP Circular No. 2011-011 entitled, “Expanded Reimbursement of Hospitalization Expenses of PNP Personnel in the Active Service.”

2. Attached records/documentary requirements of P____________.

II. MATTERS INVESTIGATED:

3. To determine the cause and surrounding circumstances of the hospitalization of _______, member of _______, from ____ __-__, 2013 at _________ Hospital, Legazpi City, accordingly, due to “____________.”

III. FACTS OF THE CASE:

4. P__________ (P_____, for brevity) is a bona fide member of the Philippine National Police assigned at _________, __________, Legazpi City and presently designated as _______ of the said office/unit.

5. On August __, 2013 the ____ sent a memorandum to the Chief, Regional Health Service 5 (Medical) copy furnished the Chief, Regional Personnel and Human Resources Development Division 5 (RPHRDD 5) informing the latter office that P______ was brought to _______ at about __:__ midnight and was confined therein due to _________. (Please see attached Memoranda as Annex “A”)

6. Consequently, P_____ was admitted at the above-mentioned hospital from ______ __-__, 2013 and was diagnosed for “______________.” (Please see attached Medical Certificate as Annex “B”)

7. Other pieces of related documents are the following:

a. Clinical Abstract from _______ Hospital;b. Patient’s Statement of Hospital Bill dated _____ __, 2013 with a

payable amount of Php____;c. Sale Invoices with a total cost of Php_____; andd. Service Record dated _____ __, 2013.

IV. DISCUSSIONS/FINDINGS:

8. Based on the foregoing facts, subject PCO has been in the active and reputable service (PNP and military) for _____ (__) years.

9. Under Item No. 5 of NHQ, PNP Circular No. 2011-011 otherwise known as the Expanded Reimbursement of Hospitalization Expenses of PNP Uniformed Personnel in the Active Service, it provides, to wit:

“Hospitalization – The rendering of medical attendance after admission in any PNP Medical Facility (to include PNP General Hospital), government and/or private health care institution.” (Italics supplied)

in relation to the guidelines enumerated in Par. 6 (1) of the just cited circular, to wit:

“Benefits derived hereof shall include the hospitalization of: a) All active PNP Personnel confined in PNP General Hospital and/or PNP Medical Facilities, or PNP accredited government and/or hospitals due to illness/injury xxx.” (Emphasis supplied)

V. CONCLUSION:

10. After careful examination of the facts and evidences presented, the undersigned investigator submits that the hospitalization of P________ may be reimbursed of his hospitalization expenses.

VI. RECOMMENDATION:

11. Wherefore, premises considered, it is respectfully recommended that the application for reimbursement of hospitalization expenses of P______ be endorsed to the appropriate office for proper disposition of his benefit claims.

Prepared by: Concur/Not Concur:

_________________ _____________________Police Officer __ Police Chief Inspector _____ PNCO Chief, _____ Branch

APPROVED/DISAPPROVED:

____________________________ Police Senior Superintendent, DSCChief, ______________

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

TRAFFIC ACCIDENT INVESTIGATION REPORT

V. WHERE: Along Rizal St. Fronting STI College, Legazpi City

II WHEN: Sunday July 28, 2013 9:00 PM Rainy_ (Day of Week) (Date) (Time) (Weather Condition)

III. WHAT: Vehicle Versus: ( ) Another Vehicle (x) Pedestrian ( ) Fix Object

IV. TYPE OF ACCIDENT:(x) Fatal ( ) Non Fatal ( ) Damage of Property ( ) Head On ( ) Rear End ( ) Angle ( ) Sideswiped same Direction ( ) Sideswiped Opposite

Direction

V. Number of Vehicle Involve:One (1) Road Condition/Character : Straight and Flat (Asphalted)

VEHICLE 1

Type: Motorcycle Make & Model: Suzuki Plate Number: 8838-ER Classification: Private Driven by: Billy Jo Marco y Bahillo

Address: Brgy. Putiao Pilar Sorsogon

Occupation: NoneDrivers License No.: Student PermitNationality & Age: Filipino/21 years oldSex & Civil Status: Male/SingleVehicle Owner: Romeo C. Peñaflor Address: Brgy. Alcala, Daraga AlbayReg. Cert. & File OR No. 901680474Certificate of Registration No.10024963-4

BRIEF NARRATION OF FACTS:

On July 28, 2013 at 9:00 o clock in the evening a traffic incident has transpired along Rizal St. Brgy. 17 Infront of STI College Legazpi City. Wherein one Santiago Bersola y Damaso Jr., 43 years old, married of C. Imperial St. Brgy. 15 Legazpi City, while crossing at Rizal Street was accidentally sideswiped by a Suzuki motorcycle color blue, bearing plate no. 8838-ER driven by one Billy Jo Marco y Bahillo of Brgy. Putiao Pilar Sorsogon. Investigation disclosed that after the incident the driver flee but was chased by the victims friend Arlan Nacion, Rodel Postrado both resident of Brgy. 15, Legazpi City and Ralph Cadag y Guarin of Brgy. Tula-tula, Legazpi City and was collared infront of Estevez Memorial Hospital, Legazpi City. The actual incident was witness by One Laurence Baloso y Antones, 17 years Old, of Brgy. 55 Estanza, Legazpi City. (Hereto attached is the excerpt of LCPS CPAC-2 Blotter Entry No.416 and LCPS CPO Blotter Entry No.0179 same dated July 28, 2013 marked as Annex “A”)

As a consequernce thereof, driver were held custody in this office under reglementary period and were issued Land Transportation Office Temporary Operators Permit Ticket(LTO TOP Ticket) dated July 28, 2013 for the violation of Involved in Vehicular accident(Reckless Driving), Unlicensed, and Unregistered duly acknowledged by the motorcycle driver Billy Jo Marco y Bahillo (Attached hereto the machine photocopy of LTO TOP with No.13811524-6 marked as Annex “B”)

DISCUSSION/CONCLUSION:

In this instant case under investigation, while the weather condition was raining and darkness spreading in the sorounding, then road was slippery and wet. The herein victim Santiago Bersola y Damaso Jr. while crossing the road was sideswiped in the right outerlane of the road by fast moving Suzuki motorcycle bearing plate no.8838-ER enroute to Legazpi proper, manning by the herein suspect/driver Billy Jo Marco y Bahillo and deliberately abandoned the said victim helpless and led his motorcycle fleeding toward Legazpi City proper that prompted friends of the victim to chased the suspect/driver . In the account of the witness one Laurence Baloso y Antones, 17 years Old, single of Brgy. 55, Legazpi City, manifested, that the suspect/driver drove fast his motorcycle in a negligent manner and without due regards to the safely of others road users specially the pedistrian, that the proximate caused of this particular incident resulted to the victim death. That result of death certificate and abstract clinical History, indicates that the victim while suffering injuries on his right knee resulted________. ( Attached hereto the Affidavit of witnessess Annex" C”)

After a careful perusal of circumstances surrounding this particular incident, it appears that the herein suspect / driver displayed laxity, lack of foresight pre-cation and due care to circumvent the impending accident, hence the as fault/negligence is the proximate caused of the victim death; Pronounced dead in ICU at 2:45 AM of August 8, 2013 by Dr. Emman Evangelista, thus suspect/driver criminally liable for Reckless

Imprudence resulting to “HOMECIDE”.(Attached hereto the Death Certificate/Medico legal Issued from BRTTH Annex "D")

Nonetheless, a Criminal case with no.28519 was filed by this office in inquest proceeding to the subject driver "Reckless Imprudence resulting to Serious Physical Injury" (Abandonments of ones own victim) but the case was covered by the Rule on Summary Procedure and this office was commanded by MTCC Honorable Executive Judge Jose Noel R. Rubio to released the subject driver.(Attached hereto the MTCC Order Annex "E")

V. RECOMMENDATION:

In view of the foregoing circumstances, this office hereby recommend to upgrade/supplemented the case filed into "Homecide" and refer this instant case before the Honorable Office of the City Prosecutor.

Prepared by: Recommend approval:

Gary B. Amaranto Gomercindo BatallerSenior Police Officer 1 Police Officer 3Traffic Investigator Investigation PNCO

Approved by:

ROBERT AA MORICO II, PESE Police Superintendent Acting Chief of Police

Republic of the Philippines

National Police CommissionPHILIPPINE NATIONAL POLICE

LEGAZPI CITY POLICE STATIONAlternate Road, Brgy 37, Bitano, Legazpi City

E-mail: [email protected] Tel. Nr. (052) 821-7947

TRAFFIC ACCIDENT INVESTIGATION REPORT

VI. WHERE: Quezon Avenue Extension Brgy. Sabang Legazpi City

II WHEN: Tuesday July 16, 2013 8:05 AM Rainy_ (Day of Week) (Date) (Time) (Weather Condition)

III. WHAT: Vehicle Versus: ( ) Another Vehicle ( ) Pedestrian (x) Fix Object

IV. TYPE OF ACCIDENT:( ) Fatal ( ) Non Fatal (x ) Damage of Property ( ) Head On ( ) Rear End ( ) Angle ( ) Sideswiped same Direction ( ) Sideswiped Opposite

Direction (x) Other ;Top

V. Number of Vehicle Involve:One (1) Road Condition/Character : Wide, Straight and Flat (Asphalted)

VEHICLE 1

Type: Aluminum Van Make & Model: Isuzu Elf Plate Number: UVA-995 Classification: For Hire Driven by: Noel Lagrana y VillanuevaAddress: Brgy.Niugan, Cabuyao Laguna

Occupation: DriverDrivers License No.: NO4-03-003125Nationality & Age: Filipino/29 years oldSex & Civil Status: Male/SingleVehicle Owner: ARO Logistic Inc. Address: South Point Banay-Banay, Cabuyao LagunaReg. Cert. & File OR No. 344451332Certificate of Registration No.9933444-3

BRIEF NARRATION OF FACTS:

On July 16, 2013 at 8:05 o clock in the morning a Non-Vehicular incident has transpired at Quezon Avenue Extension Brgy. Sabang, Legazpi City. Wherein an Aluminum Van Isuzu Elf bearing plate no.UVA-995 registered to ARO Logistic Inc. with office address at South Point Banay-Banay, Cabuyao Laguna, driven by Noel Lagrana y Villanueva, 29 years Old, Single of Brgy. Niugan, Cabuyao Laguna, possessor of LTO PDL no. NO4-03-003125 res code 1, 2, & 3, valid until 2014-11-12, while traversing from Elizondo St. enroute to Puregold Embarcadero de Legazpi City to delivered Procter & Gamble cargo, then and there upon reaching in the place of incident an Aleco electrical wire was hit by the abovemention vehicle roof causing to bent and wire stretching, resulted to damages the wooden post and street light, that resulted to

incurred undetermined vehicle roof damages and Procter and Gamble cargo due to heavy rain.(Hereto attached is the excerpt of LCPS CPAC-3 Blotter Entry No.101 dated July 16, 2013 marked as Annex “A”)

As consequence thereof, driver were issued Land Transportation Office Temporary Operators Permit (LTO TOP) dated July 16, 2013 for the violation of Involved in Non-vehicular accident duly acknowledged by the driver (Attached hereto the machine photocopy of LTO TOP with No.13811524-6 marked as Annex “B”)

DISCUSSION/CONCLUSION:

In this instant case under investigation, while the weather condition was raining, then road was slippery and wet, while the herein driver manning his vehicle unnoticed that the wire in her way was already sag and the place he was traversing were not familiar then the accident happen ( Attached hereto the Affidavit of witnessess Annex" C”)

After a careful perusal of circumstances surrounding this particular incident, it appears that the herein driver displayed laxity, lack of foresight pre-cation and due care to circumvent the impending accident, hence the as fault/negligence is the proximate caused of the victim death( Pronounced dead in ICU at 2:45 AM of August 8, 2013 by Dr. Emman Evangelista), thus suspect/driver criminally liable for Reckless Imprudence resulting to “HOMECIDE”.(Attached hereto the Death Certificate/Medico legal Issued from BRTTH Annex "D")

Nonetheless, a Criminal case with no.28519 was filed by this office in inquest proceeding to the subject driver "Reckless Imprudence resulting to Serious Physical Injury" (Abandonments of ones own victim) but the case was covered by the Rule on Summary Procedure and this office was commanded by MTCC Honorable Executive Judge Jose Noel R. Rubio to released the subject driver.(Attached hereto the MTCC Order Annex "E")

V. RECOMMENDATION:

In view of the foregoing circumstances, this office hereby recommend to upgrade/supplemented the case filed into "Homecide" and refer this instant case before the Honorable Office of the City Prosecutor.

Prepared by: Recommend approval:

Gary B. Amaranto Gomercindo BatallerSenior Police Officer 1 Police Officer 3Traffic Investigator Investigation PNCO

Approved by:

ROBERT AA MORICO II, PESE Police Superintendent Acting Chief of Police

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

TRAFFIC ACCIDENT INVESTIGATION REPORT

VII. WHERE: Curve Road of P-7Near Breakwater, Brgy.59Puro, Legazpi City

II WHEN: Thursday May 9, 2013 2:00 PM Sunny_(Day of Week) (Date) (Time) (Weather Condition)

III. WHAT: Vehicle Versus: (x) Another Vehicle ( ) Pedestrian( ) Fix Object

IV. TYPE OF ACCIDENT:(x) Fatal ( ) Non Fatal (x) Damage to Property (x) Head On ( ) Rear End ( ) Angle ( ) Sideswiped same Direction ( ) Sideswiped Opposite Direction

V. Number of Vehicle Involve:Two (2) Road Condition/Character: Curve and Concrete

VEHICLE 1 VEHICLE 2

Type: Motorcycle Motorcycle Make & Model: Honda XRM Yamaha VegaPlate Number: 8668-EA 9339-EJClassification: Private Private Driven by: Luigi Banua y Sorrera Rommel Abarrientos y

BahoyAddress: 1147 5TH St.OLV P-2 Brgy. 57 Dap-Dap Brgy. Bitano Legazpi City Legazpi CityOccupation: None NoneDrivers License No.: EO2-12-000276 UnlicensedNationality & Age: Filipino/18 years old Filipino/16 years old

Sex & Civil Status: Male/Single Male/Single

Vehicle Owner: Luis G. Banua Jorge G. Glomar Address: L12 B19 OLV Brgy. Bitano P-7 Sitio Buga Nabonton

Legazpi City Ligao City Reg. Cert. & File OR# 361296353 309847716Certificate of Registration No.10291059-2 9739117-3

BRIEF NARRATION OF FACTS:

At about 2:00 P.M. of May 9, 2013, a motor vehicular accident has transpired along curve road of P-7 Brgy.57Dap-Dap, Legazpi City.SPO1 Gary B. Amaranto, traffic investigator,SPO1 Belen and PO2 Manrique attended and conducted investigation to the place of incident, involved vehicle were as follows;

Vehicle-1 Honda XRM motorcycle with plate # 8668-EA registered to Luigi G. Banua, of L12 B19 OLV Brgy. Bitano, Legazpi City under LTO issued CR#10291059-2, OR# 361296353, being driven by Luigi Banua y Sorrera, 18 y/o of 1147 5TH St.OLV Brgy. Bitano, Legazpi City holder of Non-Prof. drivers license no. EO2-12-000276.

Vehicle-2 Yamaha Vega motorcyclewith plate no. 9339-EJ,registered to Jorge G. Glomar,legal age of P-7 Sitio Buga, NabontonLigao Albay, under LTO issued CR# 9739117-3,OR# 309847716, driven by Rommel Abarrientos y Bahoy, 16 y/o, Single, a resident of Brgy. DapDap Legazpi City, without drivers license with back ride Carlo Colle y Briones, 17 y/o Single of same address.

Initial investigation conducted by responding traffic investigator, disclosed that both vehicles were moving in opposite direction V1 (Honda) coming from Sitio San Isidro going to Centro Legazpi City, while vehicle-2 from Centro Legazpi City going to Sitio San Isidro, that upon reaching along Curve Road of P-7 Near Breakwater, Brgy.59 Puro, Legazpi City, V2(Yamaha Vega) encroach to the lane of V1 as a result, a head on collision happened, due to impact V2(Yamaha Vega) out of control ramp over the gutter and was thrown over to the elevated cemented road as it’s final rest. Both drivers and back riders sustained injuries and immidietly brought by the concerned citizen in the Hospital for immediate Medical attention.(Hereto attached is the excerpt of LCPS CPO Blotter Entry No.0624 dated May 5, 2013 marked as Annex “A”).

DISCUSSION/CONCLUSION:

Hence, both motorcycle were traversing opposite direction along the curve road moving in high speed was a negligent manner to fact that a motorcycle is a two wheels- the front and rear wheels, it must be well balanced upon running but disregarding the

curve road will result to the driven vehicle to encroach in the other lane. In this particular incident wherein the V2(Yamaha Vega) were driven by a minor and with minor backride who had’nt enough know-how in a traffic rule and may be classified as beginner. In the post impact of the incident the V1(Honda) who was then moving moderately with minor backride that upon collision were rested in his occupied lane while the V2(Yamaha Vega) prior to collision were traversing from his occupied lane encroach to left lane there and then hit head-on V1(Honda) there continue in his motion to ramp–over a gutter and rested in the elevated cemented road with MOL ___mtr.

Nonetheless, involved parties had conference in this office in the presence of Traffic Investigator SPO1 Gary B. Amaranto then they agreed to entered into a compromised agreement between involves parties, unfortunately the agreement did not materialized.

V. RECOMMENDATION:

In view of the foregoing, althrough a compromised agreement between parties involved, this office hereby recommend that this case closed and settled.

Prepared by: Recommend approval:

Gary B. AmarantoSenior Police Officer 1 Senior Police Officer 3Traffic Investigator Investigation PNCO

Approved by:

ROBERT AA MORICO II, PESEPolice SuperintendentOfficer-In-Charge

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

TRAFFIC ACCIDENT INVESTIGATION REPORT

VIII. WHERE: Curve Road of P-6 Brgy.41 Bogtong, Legazpi City

II WHEN: Sunday May 5, 2013 1:40 PM Sunny_(Day of Week) (Date) (Time) (Weather Condition)

III. WHAT: Vehicle Versus: (x) Another Vehicle ( ) Pedestrian ( ) Fix Object

IV. TYPE OF ACCIDENT:(x ) Fatal (x ) Non Fatal ( ) Damage of Property (x) Head On ( ) Rear End ( ) Angle ( ) Sideswiped same Direction ( ) Sideswiped Opposite

Direction

V. Number of Vehicle Involve:Two (2) Road Condition/Character : Curve and Concrete

VEHICLE 1 VEHICLE 2

Type: PUJ Motorcycle Make & Model: Isuzu Honda XRM

Plate Number: EVK-737 7781EB

Classification: For Hire PrivateDriven by: Ramil Belga y Dagohoy DonDon Basister y PioquintoAddress: Salvacion,Sorsogon City San Sebastian Lagunoy

Cam SurOccupation: Driver Jodans Engrng WelderDrivers License No.: EO2-98-036998 UnlicensedNationality & Age: Filipino/38 years old Filipino/29 years old

Sex & Civil Status: Male/Married Male/Single

Vehicle Owner: Rolando B. Bolaños Gregorio S. Facundo Address: Sawanga,Bacon Sorsogon City P-2 Binitayan Daraga AlbayReg. Cert. & File OR# 198595305 309965644Certificate of Registration No.14378834-1 5916207-3

BRIEF NARRATION OF FACTS:

At about 1:40 P.M. of May 5, 2013, a motor vehicular accident has transpired along curve road of P-6 Brgy.41 Bogtong, Legazpi City.SPO1 Gary B. Amaranto, traffic investigator, PO3 Buen Joel ,PO2 Bañares and PO1 Racquionattended and conducted initial investigation to the place of incident, involved vehicle were as follows; V1 Isuzu PUJ with plate # EVK-737 registered to Rolando Bolaños y Bonifacio of Sawanga, Bacon Sorsogon under LTO issued CR# 14378834-1, OR# 198595305, being driven by Ramil Belga y Dagohoy, 38 y/o of Salvacion Sorsogon City holder of Prof. drivers license no. EO2-98-036998. V2 Honda XRM 125 with plate no. 7781 EB registered to Gregorio S Facundo legal age of P-2 Binitayan Daraga Albay under LTO issued CR# 5916207-3,OR# 309965644being driven by one Don Don Basister y Pioquinto, 29years old, married resident of San Sebastian Lagunoy Cam. Sur without drivers license presented.The backride of said motorcycle is a certain Jonel Figura y Quiñunes, 22 y/o, Single of Zone-6 Santa Cruz, Naga City.

Initial investigation conducted by responding traffic investigator, disclosed that both vehicles were moving in opposite direction along Bogtong road ,V2 going to downtown Legazpi City. V1 going to Tagas Daraga Albay, upon reaching near Sunrise Vedioke Bar , at the curve road of P-6 Bogtong road Legazpi City, V2, accidentallyencroach to the opposite lane causing to hit the left front tire and front left side bumper of V1as a consequence thereof,both vehicles incurred damages ,V1 damaged the left front tire and front left side bumper.V2 damaged the front portion, the

driver and backride of V2 were sustain multiple injuries in the different parts of their body and they were brought and treated at BRTTH .The first responders of the incidents were PO3 Lopo and PO1 Nilo, rough sketch and photograph was conducted by SPO1 Gary Amaranto.Upon arrival of responding policemen the victims was already brought to hospital by a concern citizen one Raymond Listana, 49 y/o, of Brgy. Pawa Legazpi City.Further the motorcycle refered to as V2 were borrowed to a certain Rodel Moneda y Celian, 29 years old, Single , of Zone-1 San Rafael Iriga City. (Hereto attached is the excerpt of LCPS CPO Blotter Entry No.0624 dated May 5, 2013 marked as Annex “A”)

As consequernce thereof, V1 driverwere held in custody for 12 hours reglamentary period and both driver were issued Land Transportation Office Temporary Operators Permit (LTO TOP) dated May 5, 2013.V1 driver for the violation of Involved in Vehicular accident, duly acknowledged by V1 drivers, V2 for Involved in Vehicular accident, and Unlicensed, hence V2 driver were confined the owner Rodel C. Moneda and the sister Angie B. Borromeo were informed. (Attached hereto the machine photocopy of LTO TOP with No. 13810574-1 to the Vehicle 2 owner and LTO TOP with No.13810573-0 to the driver of Vehicle 1 marked as Annex “B”)

DISCUSSION/CONCLUSION:

In this instant case .Given that the the place of incidentis a two way street, the road was curve and the motorcycle was only borrowed to his friend (a certain Rodel Moneda y Celian, 29 y/o, Single,Zone-1 San Rafael , Iriga City), the weather was sunny andthe curve road were not blind for the incoming and passing of every vehicle. Driver of Motorcycle Honda XRM (referred to as vehicle 2) that traversing past (that footshifter clutch was engage in the top(4th) gear when recovered at its final rest) in the curve road and accidentally encroach to the foriegn lane in which driver of Isuzu PUJ( refered to as vehicle 1) occupied, consequently a head on collision occured on both vehicles as resultdriver of motorcycle Honda XRM (referred to as vehicle 2) was fell in the cemented road and right after impact of the collision driver was thrown under the vehicles of Isuzu PUJ (referred to as Vehicle 1)and backride with due impact of the collision to the left front side bumper of Isuzu PUJ( refered to as vehicle 1) the left shoulder was fructured and fell in the cemented road.Probably,hence it was a curve road, if the Driver of Motorcycle Honda XRM (referred to as Vehicle 2) drive at a careful and prudent speed, not greater nor less than is reasonable and proper, having due regard for the traffic and the driver of Isuzu PUJ (referred to as vehicle 1) were bound to prevent his vehicle from colliding with other vehicle while in motion hence it was not blind curve. It is also his principal duty to drive the vehicle safely and within the speed limit prescribed by law.(”People vs Sayson ,CA 54 OG 413”)to avoid the impending collision that resulted to the injuries of Driver of Motorcycle Honda XRM (referred to as Vehicle 2) and his backride, moreover to the damage of thier driven motorcycle.Theoritically these instant case the As Fault of the herein driver of Vehicle 2 begin in occupying the foriegn lane upon traversing in the curve road that lead to thier serious injuries sustained and damage to both thier vehicles, concluded hereof that driver of Vehicle 2 displayed laxity, lack of foresight pre-cation and due care to circumvent the impending mishap

(Nonetheless, involved parties had conference in this office in the presence of Traffic Investigator SPO1 Gary B. Amaranto and unfortunately they failed to settle amicably thier case among themselves.)

V. RECOMMENDATION:

In view of the foregoing, this office hereby recommend to refer this instant case before the Honorable Office of the City Prosecutor.

Prepared by: Recommend approval:

Gary B. Amaranto Salvador BuenSenior Police Officer 1 Senior Police Officer 3Traffic Investigator Investigation PNCO

Approved by:

ROBERT AA MORICO II, PESEPolice SuperintendentOfficer-In-Charge

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

TRAFFIC ACCIDENT INVESTIGATION REPORT

IX. WHERE: Intersection Brgy.39 Bonot Junction Legazpi City

II WHEN: _____Saturday April 13, 2013 5:50 AM Rainy________ (Day of Week) (Date) (Time) (Weather Condition)

III. WHAT: Vehicle Versus: (x) Another Vehicle ( ) Pedestrian ( ) Fix Object

IV. TYPE OF ACCIDENT:( ) Fatal ( ) Non Fatal (x) Damage of Property( ) Head On ( ) Rear End (x ) Angle( ) Sideswiped same Direction() Sideswiped Opposite Direction

V. Number of Vehicle Involve: One (2) Road Condition/Character : Straight & flat Asphalt

VEHICLE 1 VEHICLE 2

Type: Car BusMake & Model: Toyota Corolla Nissan

Plate Number: UCC-583 EVM-981

Classification: Private For HireDriven by: Jenniffer Villete y Ortiz Mario Calubad y BitareAddress: Zone-2 Bagumbayan, Sugod, Tiwi Albay Malinao AlbayOccupation: Goverment Employee DriverDrivers License No.: EO2-12-000308 EO2-76-006936Nationality & Age: Filipino/32 years old Filipino/Legal Age

Sex & Civil Status: Female/Widow Male/Married

Vehicle Owner: Glen G. Nasser Socorro M. BubanAddress: 38 First Park Daraga Albay Boñga, Bacacay AlbayReg. Cert. & File OR# 361306260 212276002Certificate of Registration No. 50296555

BRIEF NARRATION OF FACTS:

At about 5:50A.M. of April13, 2013, a motor vehicular accident has transpired along Bonot junction road of Brgy.39Bonot, Legazpi City. CPAC 1 personnel PO2 Rosales and PO2 Mirandaattended and conducted initial investigation to the place of incident, wherein involved vehicle were as follows; Vehicle a Toyota Corolla color White, bearing plate number UCC-583, under LTO CR no.50296555, LTO OR no.361306260, registered to Glenn G. Nasser of 38 first Park Subd. Daraga Albay.

Driven byJennifer Villete y Ortiz, legal age, a resident of Z-2 Bagumbayan, Malinao, Albay, holder of LTO Professional Drivers License No.EO2-12-000308, with restriction code 1,2 to expire on 2014-02-24; .Vehicle 2 a Nissan Bus for hire, ( Our Lady of Salvation Bus Line Inc) with body no.1920, bearing plate no.EVM-981, under LTO CR no. 70306312, LTO OR no.212276002, registered to Socorro M. Buban of Bonga, Bacacay, Albay. Driven by Mario Calubad y Bitare, legal age, a resident of Sogod, Tiwi, Albay, holder of LTOProfessional Drivers License No.EO2-12-000308, with restriction code 1,2 to expire on 2014-02-24

Initial investigation conducted by the responding police officers disclosed that V1 Toyota corolla traversing from Bogtong road moving toward Bonot junction road and already occupied the foriegn lane ( middle of the road) of the junction road there and then accidentally hit in an angle position and at speed of the abovemention V2 Nissan Bus ( Our Lady of Salvation Bus Line Inc.) which coming from Centro Legazpi City traversing at Bonot road toward Tabaco City as a result of impact V1 swerve/turned in the left side of the road facing toward the road of Bogtong, Legazpi City to where it came, while V2 swerved in the right side of the junction road.V1 incurred undetermined value of damages in the right side of the following right windshield,right headlight assembly, right front door, and right side bumper. While the V2 incurred undetermine damages at the front Bumper. Both driver and passenger of Bus had no injury (Hereto attached is the excerpt of police blotter of CPAC-1 Blotter Entry No.922 dated April 13, 2013 marked as Annex “A”)

As consequernce thereof, both drivers were issued Land Transportation Office Temporary Operators Permit (LTO TOP) dated March 4, 2013 for the violation of Involved in Vehicular accident and was duly acknowledged by both drivers. (Attached hereto the machine photocopy of LTO TOP with No. 13458424-0 acknowledged by driver of Vehicle 2 and LTO TOP with No.13458425-1 acknowledged by the driver of Vehicle 1 marked as Annex “B”)

DISCUSSION/CONCLUSION:

In the event that the driver of Toyota corolla (referred to as Vehicle 1) entered the street and had already reached the middle thereof, the driver (referred to as Vehicle 2)travelling along the thorough street, although with a right of pre-emption has the duty to stop his motor vehicle to avoid collision. “People vs Tardji 3 CA 460”. The weather condition of the incident was rainy and the road were slippery and wet, the driver of Nissan Bus (referred to as vehicle 2) is duty bound to prevent his vehicle from Hittingthe Toyota corolla (referred to as vehicle 1) while in motion. It is also his principal duty to drive the vehicle safely and within the speed limit prescribed by law.”People vs Sayson ,CA 54 OG 413”. Moreover, since V2 was a For Hire Bus transporting passenger, the driver should initiate extra diligent effort in the assurance of safety and due care in driving.

Nonetheless, involved parties had conference in this office in the presence of Traffic Investigator SPO1 Gary B. Amaranto and unfortunately they failed to settle amicably thier case among themselves.

V. RECOMMENDATION:

In view of the foregoing, this office hereby recommend to refer this instant case before the Honorable Office of the City Prosecutor.

Prepared by: Recommend approval:

Gary B. Amaranto Salvador BuenSenior Police Officer 1 Senior Police Officer 3Traffic Investigator Investigation PNCO

Approved by:

ROBERT AA MORICO II, PESEPolice SuperintendentOfficer-In-Charge

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

MEMORANDUM

FOR : PD, Albay PPO(Attn: Chief, PIDMS)

SUBJECT : Investigation Report re:Vehicular Accident that

transpired at Intersection Bgy. Bogtong RoadandBi-Pass Road, Brgy.Gogon, Legazpi City.

DATE : March 24, 2013IV. AUTHORITY:

1. Inherent Police Function;

2. Standard Operating Procedure [SOP].

V. MATTERS INVESTIGATED:

3. To determine the circumstances of the incident;4. To determine other relevant matters that would

require further police actions.

VI. FACTS OF THE CASE:

5. On March 4,2013 at about 10:10 AM,a vehicular accident transpired at the intersection of Brgy. Bogtong Road and Bi-Pass Road, Brgy Gogon, Legazpi City. Wherein involve vehicles were; Vehicle 1- A Suzuki motorcycle bearing plate no. 1644-EK, registered under LTO Officaila ReceiptNo. 901718856, LTO Certification of Registration No. 10290495-5,registered to Imelda A Albis and driven by John Lorie A Albis, 20 years old, single and a resident of BLISS Brgy Bagong Abre,Legazpi City, holder of Non-Professional Drivers License No. EO2-10-000771 with restriction code 1 and with a backrider one Ryan Delos Santos, 19 y/o,single a resident of Brgy Bagong Abre, Legazpi City.Vehicle 2- A Truck (Close Van),make not known,bearing plate no. EBG-564, registered under LTO Official Receipt No. 196434766,LTO Certification of Registration not carried, registered to Leoncio M Millamina,of Agol,Pioduran, Albay and driven by Garry B Millamina, 30 years old, married and also a resident of Agol, Pioduran, Albay and a holder of LTO Professional Drivers License No. EO9-02-008477 with restriction Code 1,2,3,8 to expires on 2014-07-18.

6. In the initial investigation conducted by the duty Traffic Investigator SPO1 Gary B Amaranto disclosed that Vehicle 1 is moving from Brgy Bonot, Legazpi City enroute to Bi-Pass Road, Brgy Gogon, Legazpi City and upon reaching a certain point in the intersection of Bogtong Road and Bi-Pass Road, Brgy Gogon, Legazpi City accidentally bumped by Vehicle 2 (Close Van) that was traversing Brgy. Bogtong Road to Brgy. Bonot,Legazpi City and as consequence thereof,Vehicle 1 was drag more or less eleven (11) feet. The driver of the motorcycle and his backrider was able to jumped from the motorcycle during the incident and sustained minor injuries in the body and the backride sustained no injury.The motorcycle (referred to as Vehicle 1) incurred damages of still undetermined value while Close Van (referred to as Vehicle 2) has no damaged incurred. (Attached hereto excerpt of LCPS Blotter Entry No. 0341 dated March 4,2013 marked as Annex “A”)

7. Further, upon arrival at the scene of incident the traffic investigatorproccesed the scene by taking photogaraphed,

rought sketchand both drivers has affixed thier signature in the rought sketch. (Attached hereto photocopy of rought skectch marked as Annex “B”)

8. In the conference conducted by Traffic Investigator to both involved parties arises for the possible settlement of the incident, however no settlement had been reached.(Attached hereto LCPS Blotter Entry No. 0342 dated March 4,2013 marked as Annex “C”)

9. As consequernce thereof, both drivers were issued Land Transportation Office Temporary Operators Permit (LTO TOP) dated March 4, 2013 for the violation of Involve in Vehicular accident and was duly acknowledged by both drivers.(Attached hereto the machine photocopy of LTO TOP with No. 13458424-0 acknowledgedby driver of Vehicle 2and LTO TOP with No.13458425-1 acknowledgedby the driver of Vehicle 1 marked as Annex “D”)

10. In theMedico-Legal Certificate of John Lorie A. Albis issued by Bicol Regional Teaching and Training Hospital, Legazpi Cityis with impression: Multiple Soft Tissue injury, abrasion left and right knee,right hand,and Avulsed wound left foot.(Attached hereto the Medico-Legal Certificate from BRTTH Hospital dated March 5,2013 marked as Annex “E”)

11. In the estimate value/cost damaged incurred Vehicle 1, the Suzuki Shogun Pro 125 motorcycle is Php. 27,070.00 and the labor cost Php.2,000.00.The said estimate was made by Doroteo Bibal,a Motorcycle Mechanic of SpeedTech Motor Corp. located at No. 120 Magallanes Street,Legazpi City.(Attached hereto the photocopy of the Estimated total cost dated March 6,2013 marked as Annex “F”)

IV. DISCUSSION/CONCLUSION:

12. In thisinstant case, under Section 42 Paragraph (b)of R.A. 4136, the driver of Suzuki motorcycle(referred to as Vehicle 1) should come to full stop,keeping a look out from left,or to the right,or to the front of him and forewarn the oncoming vehicles before traversing the junction of two thorough street. The driver also of close van (referred to as Vehicle 2)who was assuming in the right of way proceeding in the favored direction or has the right of way does not warrant him in proceeding regardless of condition and consequences or the safety of other.

13. In this case, the motorcycle (referred to asVehicle 1)is already yielding or engaging to turn left and reach the middle thereof,the close van (referred to as Vehicle 2) was approaching atintersection road, driving a little fast and that resulted to

accidentally bumped the front part of Suzuki motorcycle (referred as Vehicle 1) and was drag to more or less eleven (11) feet before its final rest.Thus if the favored driver sees that a situation of danger exists,he is bound to act with reasonable caution to avoid the collision or accident.

14. In theR.A. 4136 under Section 35, Article 1, Chapter IV, Restriction as to Speed stated that; “Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed, not greater nor less than is reasonable and proper,having due regard for the traffic,the width of the highway,and of any other condition,then and there existing;and no person shall drive any motor vehicle upon a highway at such a speed as to endanger the life,limb and property of any person,nor at a speed greater than, will permit him to bring the vehicle to a stop within the assured clear distance ahead.

15. After careful perusal of circumstances surrounding this particular incident, herein driversboth displayed lack of foresight,pre-caution and did not exercise the proper degree of care to circumvent the impending collision that resulted to one of the driver one John Lorie A. Albis, the driver of Suzuki motorcycleto sustain injury (referred to as Vehicle 1) and to damagedof his driven motorycle.

16. Nonetheless, involved parties had conference in this office in the presence of Traffic Investigator SPO1 Gary B. Amaranto and unfortunatelythey failed to settle amicably thier case among themselves.

V. RECOMMENDATION:

17. In view of the foregoing,this office hereby recommend to refer this instant case before the Honorable Office of the City Prosecutor.

Prepared by: Recommend approval:

Gary B Amaranto Salvador B BuenSenior Police Officer 1 Senior PoliceOfficer 3Investigation PNCO Investigation PNCO

Approved by:

ROBERT AA MORICO II,PESEPolice SuperintendentOfficer-In-Charge

VI. DISCUSSION/CONCLUSION:

1. In the event that the driverof Suzuki motorcycle (referred to as Vehicle 1) crossing the street had already reached the middle thereof, the driver travelling along the through street, although with a right of pre-emption has the duty to stop his motor vehicle to avoid collision. “People vs Tardji 3 CA 460”.In thisinstant case, under Section 42 (b) of R.A. No. 4136, the driver of Suzuki motorcycle (referred to as Vehicle 1) should come to a full stop before traversing, the crossing of two (2) through street

2. And driver of close van (referred to as vehicle 2) is duty bound to prevent his vehicle from colliding with other vehicle while in motion. It is also his principal duty to drive the vehicle safely and within the speed limit prescribed by law.”People vs Sayson ,CA 54 OG 413”.

1. The right of way of the motorist does not relieve him from keeping a look out from left, or to the right,before entering the intersection “People vs Panuyas, 17 CA Rep 347”.

2. The driver cannot seek protection under the right of way rule if in executing a left turn into the street he violate section 60 (now section 42 (b ) R.A. No.4136 of motor vehicle law. It is his duty to forewarn the oncoming vehicle “People vs Buiser, CA 59 OG 80” or to the front of him and forewarn the oncoming vehicles before traversing the junction of two thorough street. The driver also of close van (referred to as Vehicle 2) who was assuming in the right of way proceeding in the favored direction or has the right of way does not warrant him in proceeding regardless of condition and consequences or the safety of other.

3. In this case, the motorcycle (referred to sa Vehicle 1) is already yielding or engaging to turn left and the close van (referred to as Vehicle 2) was approaching at intersection road, driving a little fast and that resulted to accidentally bumped the front part of Suzuki motorcycle (referred as Vehicle 1) and was drag to more or less eleven (11) feet before its final rest. Thus if the favored driver sees that a situation of danger exists, he is bound to act with reasonable caution to avoid the collision or accident.

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

MEMORANDUM

FOR : PD, Albay PPO(Attn: C, PIDMS)

SUBJECT : Investigation Report re-Vehicular Accident that transpiredalongNational Highway of Brgy. Rawis, Legazpi Cityparticularly near Salbacruz Residence and in front of DOSTRO-V

DATE : April 23, 2013

1. AUTHORITY:

1. Inherent Police Function;2. Standard Operating Procedure [SOP]

2. MATTERS INVESTIGATED:

3. To determine the circumstances of the incident.4. To determine other relevant matters that would require further police

actions.

3. FACTS OF THE CASE:

5. At about 10:45 P.M of February 20, 2013, a motor vehicular traffic accident has transpired along National Highway of Brgy. Rawis Legazpi City near Salbacruz Residence particularly in front of Department of Science and Technology Region V (DOST RO-V). CPAC 5 personnel led by PINSP REYNALDO L CASTUERA and Duty Traffic Investigator PO1 Ronaldo E Toledo responded to the place of incident and conducted investigation, wherein involved vehicle is a Toyota RAV 4 color black, bearing plate number WSJ-934 driven by one Rene Carlo Cristobal y Hidalgo, holder of Non-Professional Drivers License No. EO2-05-000087 to expire on 2013-05-29 and a resident of No. 719 Brgy. 42 Rawis, Legazpi City.

6. Initial investigation conducted by the responding police officers disclosed that the motor vehicle was traversing along the National Highway of aforesaid place from Legazpi downtown enroute to Brgy. Rawis this City and upon reaching the above mentioned place said vehicle accidentally hit a cut trunk of an “Agoho” Tree and strike to another two (2) “Agoho” tree beside the National Road, thereafter swerved to the opposite lane and roll over near the residence of Salbacruz. As a result, driver of the said vehicle sustained multiple injuries to different parts of his body and was immediately rushed by the responding Albay Health Emergency Mobile (AHEM) to Bicol Regional Training and Teaching Hospital (BRTTH) for medical treatment. (Hereto attached is the

excerpt of police blotter of Legazpi City Central Police Station Blotter Entry No.0135 dated February 20,2013 marked as Annex “A”)

7. Soon after driver/victim was transferred and confined/treated at Estevez Memorial Hospital, Legazpi City. Subsequently SPO1 Gary Amaranto of this station and designated also as traffic Investigator conducted follow upinvestigation at the above-mentioned hospital in connection with the said incident. In the investigation conducted disclosed that driver Rene Carlo Cristobal y Hidalgo was affirmed dead by attending physician Dr. Jun Estevez of Estevez Memorial Hospital, Legazpi City on or about 7:30 in the morning of February 23, 2013 and corpse of the victim lie at their residence at 719 Brgy. 42, Rawis, Legazpi City.(Hereto attached is the machine copy of Legazpi City Central Police Station Blotter Entry No.0176 dated February 20,2013 marked as Annex “B”)

8. That on the place of incident the duty traffic investigator turned over to Brgy. Kagawad EMANUEL SALAMAT of Brgy. 42 Rawis, Legazpi City, all personal belongings of the victim recovered at the scene of incident. (Hereto attached as Annex “C” copy Turn-Over note)

9. Likewise, scene of incident were photographed/sketch in original position by PO1 Ronaldo E. Toledo duty Traffic Investigator Legazpi City Police Station. (Hereto attached as annex “D” photographed scene of incident)

10. In the Medico-Legal Certificate issued by Estevez Hospital the victim sustained Hypoxic/Ischemic Encephalopathy; Spinal Cord Injury, C5-C6 complte; Diffuse Axonal Injury; Pulmonary Contusion Left; Traumatic Spinal Cord Pulmonary Injury; Acute Thrombocytopenia, Bleeding Stress Ulcer/Gastritis. (Hereto attached as Annex “E” copy of Medico-Legal Certificate of the victim (driver)Rene Carlo Cristobal y Hidalgo dated March 26, 2013 marked as Annex “E”)

11. In the Certificate of Death with registry no. 2013-304 dated February 25, 2013 duly issued by the Office of the Civil Registrar General, Legazpi City reveals and duly certified by Elmer Jose A. Maceda M.D. FAFN attending physician EMHI, Guevarra Subd., Legazpi City that the immediate cause of death of Rene H. Cristobal was due to “Hypoxic/Ischemic Encephalopathy”, antecedent cause Spinal Cord Injury, C5-06 Complete Diffuse Axonal Injury, Pulmonary Contusion Left, underlying cause Traumatic Spinal Cord Pulmonary Injury and other significant condition contributing to death Acute Thrombocytopenia, Bleeding Stress Ulcer/Gastritis (Hereto attached the machine copy the Certificate of Death of Rene H Cristobal dated February 23, 3013 marked as Annex “F”)

IV. DISCUSSION/CONCLUSION:

12. The weather condition of the incident is rainy and the road was slippery and wet and no other parties was involved.

V. RECOMMENDATION:

13. This instant case is purely accident and the case is closed.

Prepared by: Recommend approved

Ronaldo E Toledo Salvador BuenPolice Officer 1 Senior Police Officer 3Traffic Investigator Investigation PNCO

Approved by:

ROBERT AA MORICO II, PESEPolice SuperintendentOfficer -In-Charge

Other Attachments:

i Rough sketch of the scene of the incident ii Final sketch of the scene of the incident iii Machine copy of the driver license of Rene H. Cristobal iv Machine copy of the OR/CR of vehicle v Machine copy of the Incident Report

Republic of the PhilippinesNational Police CommissionPhilippine National Police

LEGAZPI CITY POLICE STATIONLegazpi City

MEMORANDUM

FOR : Officer-In-ChargeLegazpi City Police StationLegazpi City

FROM: SPO1 Gary B Amaranto

SUBJECT : Explanation

DATE : May 6, 20131. Reference; Verbal instruction from OIC and investigation blotter

entry 1626 dated May 6, 2013, vehicular accident with blotter entry 0624 dated may 5, 2013;

2. That the undersigned would like to appeal for consideration for the said incident was not fully intentional to come with a disposition not to put in the detention cell of this station for the case is under investigation.

3. Based to the initial investigation in relation to the vehicular accident that occurred at P-6 Brgy. Bogtong, Legazpi City at about 1:40 PM of May 5, 2013 involving a Jitney and a motorcycle wherein both were in opposite direction. That the driver of the motorcycle encroached towards the lane of the jitney thereby hitting the front left tire of the jitney causing to the driver and the back rider of the motorcycleto fell down.

4. In this instant case the driver of the motorcycle has the fault/negligence to sustained injuries in different part of the body same as the back rider. Further, it was noticed that the driver of the motorcycle was driving without license to which said motorcycle was only borrowed from his friend.

5. That the under signed hope and pray that this appeal will be given a consideration and next time the undersigned promised to deal with appropriate action accordingly in any cases being referred to this station as well as in investigation section.

SPO1 Gary B AmarantoTraffic Investigator

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

B. Emperial St., Brgy 37 Bitano, Legazpi City

MEMORANDUM

FOR : Provincial DirectorAlbay Police Provincial OfficeCamp Gen. Semeon A Ola, Legazpi City(Attention: Chief PIDMS)

SUBJECT :

DATE : May 31, 2013I. Reference:

1. LCPS CPO Blotter Entry 1172 and 1181;2. Inherent Police Functions;3. Standard Operating Procedure;

II. MATTERS INVESTIGATED:

4. Hit and Run incident that transpired at about 5:00 o’clock inthe morning dated May 29, 2013, near the intersection of Brgy. Cruzada and Brgy. Gogon.

5. To determine the criminal liabilities of the driver involved, if any to know the premises surroundings this particular incidents.

6. To determined that the death of SPO3 Salvador B Buen was in the line of duty.

III. FACTS OF THE CASE:

5. That on May 29, 2013 at about 5:00 AM, at the intersection of Brgy. Cruzadaand Brgy. Gogon, Legazpi City wherein victim one SPO3 Salvador Binucas Buen, 44 years old, married, bonafide member of PNP and designated as Chief Investigation PNCO of Legazpi City Police Station and a resident of Prk.2 Brgy.40 Cruzada, Legazpi City was bumped/hit by a ten-wheeler cargo truck with plate no. BVL- 488, registered to Super Grain Trucking/ Alexander S Nandres with office address at # 233 Road 2 Pag-asa, Quezon City and driven by one Reynaldo Oñas y Maranan, 36 years old, single, driver, with PDL Number DO9-95-054287 and a resident of Malabanan Norte, Candelaria Quezon Province. As a consequence thereof, the victim sustained multiple serious injuries in the different parts of the body and was rushed to the Bicol Regional Training and Teaching Hospital (BRTTH), Legazpi City for medical treatment and was pronounced Dead on Arrival (DOA) by the attending physician, while the driver / suspect who fled after the incident, travelled and voluntarily surrendered to Candelaria Municipal Police Station, Candelaria, Quezon Province at about 6:00 PM of May 29, 2013. The driver / suspect further submitted his Professional Driver’s License (PDL) and the original copy of Certificate of Registration (CR) of the said vehicle for proper disposition (Tab “B”). The said vehicle was likewise brought to this Office / Station for further verification and proper disposition.

6. In the ocular investigation conducted by this Office disclosed that on the said time and date of occurrence while the victim was traversing at the said intersection on board on his motorcycle with plate no. 8684 ED, he was bumped/hit by the said ten-wheeler cargo truck which then maneuvering along the road of said place which came from inside their ware-house going to the direction of Lakandula Drive, Brgy. Gogon, Legazpi City as a result, SPO3 Buen fell down on the cemented road and unconscious and his driven motorcycle was dragged by the said cargo truck taking fourteen (14) meters and from motorcycle nine (9) meters apart from SPO3 Buen which his body was under the said truck same intentionally run-over him while unconscious and immediately fled towards the direction of Brgy. Bogtong, Legazpi City.

7. In the sworn statement of one Apolonio Ansus y Espinas (witness) of SPO3 Salvador B Buen dated May 29, 2013, he averred that on May 29, 2013 at about 5:00 AM, while he was driving his Closed Van traversing same direction along Lakandula Drive, Brgy. Gogon, Legazpi City and actually saw a Cargo truck ahead from his driven vehicle and a motorcycle color black and a person unconscious under the Cargo Truck, there and then said Cargo Truck suddenly back tracking(reversed) and said person under chassis was run over by the wheel(right front tire) of the truck and same immediately speed-up, proceeded to the direction of Brgy. Gogon, Legazpi City while the said male person/victim left abandoned by the driver of the said truck. Prompting him(Apolonio Ansus y Espinas) to follow the fleeing truck however he failed to locate the same. (Tab “A”)

8. In the sworn statement of Gerardo Magdasoc Jr Negrete (witness) dated May 29, 2013, he averred that on 5:00 AM of May 29, 2013, while he was outside his house near the Lakandula Drive Gogon Road, Legazpi City, he saw a cargo truck and a person was lying on the cemented road and a motorcycle thereat prompting to him to get closer to verify the said person

however said cargo truck sped up leaving the said person heading towards Brgy. Gogon, Legazpi City. On that juncture I called a passerby motorcycle and told the driver to chase the said fleeing cargo truck and I told one of the lookers thereat to seek for police assistance at Legazpi City Police Station, Legazpi City. That he controls the traffic thereat until such time an ambulance arrived and brought the victim to the hospital. (TAB “B”)

9. In the statement of PO2 Noel Perez Capa, legal age, a member of PNP designated as Traffic Investigator of Legazpi City Police Station`, he averred that while he was in the actual performance of his tour of duty when a concerned citizen informed him that a vehicular accident transpired in front of redemtorist Church within the vicinity of Brgy. Gogon, Legazpi City. Acting on the said information he immediately proceeded to the said place of incident and upon arrival thereat he saw a male person was lying in prone position unconscious which later he recognized as their Investigation PNCO one SPO3 Salvador B Buen and he immediately asked for assistance from PO3 Dedase and the crews of Mobile 2. He learned that SPO3 Buen was victimized by a hit and run by a cargo truck and he was in the process of conducting investigation thereat a concerned citizen told him that the cargo truck with plate no. BVL-488 sped heading towards Bogtong Road, Brgy. Bogtong Legazpi City prompting to him to follow the said fleeing vehicle and while pursuing at a distance he saw a cargo truck at full stop and a fat male alighted from it and immediately boarded on a mini-bus going to Daraga, Albay direction. That his attention was caught and promting to him verify the said cargo truck in full stop near SUNWEST Building and found out bearing with same plate number the concerned citizen told him BVL -488. That immediately he called for assistance from their office to assited him to bring the said abandoned cargo truck at Legazpi City Police Station for further investigation. That thereafter, upon verification of SPO1 Amaranto he learned that the truck with plate number BVL-488 is registered to Super Grain Trucking (SGT) Alexander S Nadres with office address at #233 Road 2 Pag-asa, Quezon City and driven by Reynaldo y Maranan, 36 years old, single, of Malabanan Norte Quezon Province. Thereafter flashed alarm was made by their station and Candelaria Municipal Police Station, Candelaria Quezon Province was advised regarding the matter. That at about 6:00 PM of May 29, 2013, said police station informed his station that the said suspect voluntarily surrendered and presently in their custody. Immediately, he and team led by SPO1 Marlito Watiwat proceeded to the said station and upon arrival thereat said suspect identified as Reynaldo Oñas y Maranan was properly turned-over to them for custody and he averred that it was the very same person that he saw fat male person who alighted from the cargo truck and boarded to a mini bus. Subsequently, said arrested suspect was brought at Legazpi City Police Station for booking and proper disposition. (“TAB C”)

IV. DISCUSSION:

10. In this instant case under investigation, the herein victim was hit/ bumped by the herein suspect / driver and even intentionally run-over by the driver by his truck and deliberately abandoned the same helplessly. Further, the suspect drove his vehicle in a negligent manner and without due regards to the safely of others road users that caused his particular incident. In the autopsy report it indicates that the victim suffered injuries on his body caused by a tire which matched to the wheel of the cargo truck. (“TAB D”)

V. CONCLUSION:

11. After a careful perusal of circumstances surrounding this particular incident, it appears that the herein suspect / driver is criminally liable for “MURDER” for intentionally running over the victim despite that the driver knows that the victim was underneath his driven cargo truck and abandoning of one’s owned victim.

VI. RECOMMENDATION:

12. WHEREFORE, in view of the foregoing, the undersigned respectfully recommends that this case be referred to the Office of the City Prosecutor of Legazpi for proper disposition.

Noel P. CapaPolice Officer 2Investigator-On-Case

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

MEMORANDUM

FOR : PD, Albay PPO(Attn: C, PIDMS)

SUBJECT : Incident Report re-Vehicular Accident that transpired at Brgy. Bitano, Legazpi City,particularly Fronting LKY Grand Terminal.

DATE : June 14, 2013

1. Reference; LCPS Blotter Entry no.________dated June 14, 2013.

2. Please be informed that on or about 11:30 AM June 14, 2013 a vehicular accident transpired at Brgy. Bitano Legazpi City particularly fronting LKY Grand Terminal.Involve vehicles were as follows;

V-1 A passenger Bus Truck bearing plate no. ______registered to __________of _______under LTO OR#_______LTO CR#_______driven by ____________years old, Married of________Holder of Professional Drivers License with LTO No.____restriction code 1,2, and 3 to expired on_________.

V-2 A Public Utility Jitney plying Legazpi City/LKY Grand Terminal bearing plate no.________registered to _________of _________under LTO OR#______LTO CR#_______driven by ________years old Married of ________Holder of Professional drivers license with LTO no._________restriction code 1,2,and 3, to expired on_________.

3. Passenger/Victims of the vehicular accident were as follows;

V-1 Passenger/Victim;1._________________year old, married, resident of ______2._________________3._________________4._________________5._________________

V-2 Passenger/Victim;1._________________2._________________3._________________4._________________5.__________________

5. In the initial investigation conducted by the responding Traffic investigator SPO1 Gary B. Amaranto, photographer PO3 Herwin R. Balonzo and PO2 Annaleth Luna Skecher.Disclosed that on or about 11:30 AM June 14, 2013,Involve vehicles were travelling opposite direction the Passenger Bus (refered to as Vehicle 1) enroute to _______while traversing from LKY Grand Terminal upon reaching at the certain point of the aforesaid terminal..

6. Initial investigation conducted by the responding police officers disclosed that the motor vehicle was traversing along the National Highway of aforesaid

place from Legazpi downtown enroute to Brgy. Rawis this City and upon reaching the above mentioned place said vehicle accidentally hit a cut trunk of an “Agoho” Tree and strike to another two (2) “Agoho” tree beside the National Road, thereafter swerved to the opposite lane and roll over near the residence of Salbacruz. As a result, driver of the said vehicle sustained multiple injuries to different parts of his body and was immediately rushed by the responding Albay Health Emergency Mobile (AHEM) to Bicol Regional Training and Teaching Hospital (BRTTH) for medical treatment. (Hereto attached is the excerpt of police blotter of Legazpi City Central Police Station Blotter Entry No.0135 dated February 20,2013 marked as Annex “A”)

7. Soon after driver/victim was transferred and confined/treated at Estevez Memorial Hospital, Legazpi City. Subsequently SPO1 Gary Amaranto of this station and designated also as traffic Investigator conducted follow up investigation at the above-mentioned hospital in connection with the said incident. In the investigation conducted disclosed that driver Rene Carlo Cristobal y Hidalgo was affirmed dead by attending physician Dr. Jun Estevez of Estevez Memorial Hospital, Legazpi City on or about 7:30 in the morning of February 23, 2013 and corpse of the victim lie at their residence at 719 Brgy. 42, Rawis, Legazpi City.(Hereto attached is the machine copy of Legazpi City Central Police Station Blotter Entry No.0176 dated February 20,2013 marked as Annex “B”)

8. For information

RADIO MESSAGE FOR TRANSMISSION

P: 231200H APR 2013FROM: OIC CMA LCPSFOR : PD CMA MASBATE PPO

ATTN : PO1 RONALDO TOLEDORSOTG MASBATE

LEGCPSTI-O423-13 PD RQST CONTACT AND ADVICE PO1 RONALDO E TOLEDO CMA PRESENTLY DETAILED AT REGIONAL SPCL OPN TASK GROUP MASBATE TO APPEAR BEFORE THIS OFFICE LEGAZPI CPS ATTN CLNTRAFFC INVESN SECTION ON APRIL 29 CMA 2013 AT 8:00 O’CLOCK IN THE MORNING ICOW CMA THE CLARIFICATION IN THE INVESTIGATION REPORT HE MADE IN THE NON-VEHICULAR TRAFFIC ACCIDENT THAT TRANSPIRED LAST FEBRUARY 21 CMA 2013 AT ABT 10:45 PM AT BRGY RAWIS CMA LEGAZPI CITYWHEREIN SUBJECT PNCO IS THE INVESTIGATOR ON CASE ON THE AFORESAID CASE PD RQST FEEDBACK OF ACTION TAKEN AND RQST ACKNOWLEDGED RECEIPT PD BT…

Drafter: Releaser:

Gary B Amaranto ROBERT AA MORICO II, PESESenior Police Officer 1 Police SuperintendentTraffic Investigation PNCO Officer-In-Charge

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

MEMORANDUM

FOR : PD, Albay PPO(Attn: C, PIDMS)

SUBJECT : Investigation Report re-Vehicular Accident that transpired along Bonot Junction Brgy. 39 Bonot, Legazpi City.

DATE : April 23, 2013

4. AUTHORITY:

1. Inherent Police Function;2. Standard Operating Procedure [SOP]

5. MATTERS INVESTIGATED:

3. To determine the circumstances of the incident.4. To determine other relevant matters that would require further police

actions.

6. FACTS OF THE CASE:

5. At about 5:50A.M. of April13, 2013, a motor vehicular accident has transpired along Bonot junction road of Brgy.39Bonot,Legazpi City. CPAC 1 personnel PO2 Rosales and PO2 Mirandaattended and conducted initial investigation to the place of incident, wherein involved vehicle were as follows; Vehicle a Toyota Corolla color White, bearing plate number UCC-583, under LTO CR no.50296555, LTO OR no.361306260, registered to Glenn G. Nasser of 38 first Park Subd. Daraga Albay.Driven

byJennifer Villete y Ortiz,legal age, a resident of Z-2 Bagumbayan, Malinao, Albay, holder ofLTO Professional Drivers License No.EO2-12-000308, with restriction code 1,2 to expire on 2014-02-24; .Vehicle2 a Nissan Bus for hire,( Our Lady of Salvation Bus Line Inc) with body no.1920, bearing plate no.EVM-981, under LTO CR no. 70306312, LTO OR no.212276002, registered to Socorro M. Buban of Bonga, Bacacay, Albay. Driven by Mario Calubad y Bitare, legal age, a resident of Sogod, Tiwi, Albay, holder of LTOProfessional Drivers License No.EO2-12-000308, with restriction code 1,2 to expire on 2014-02-24

6. Initial investigation conducted by the responding police officers disclosed that V1Toyota corolla traversing from Bogtong road moving toward Bonot junctionroad and already occupied the foriegn lane( middleof the road)of the junction road there and then accidentally hit in an angle position and at speed of the abovemention V2 Nissan Bus ( Our Lady of Salvation Bus Line Inc.) which coming from Centro Legazpi City traversing at Bonot road toward Tabaco City as a result of impact V1 swerve/turned in the left side of the road facing toward the road of Bogtong, Legazpi Cityto where it came,while V2 swerved in the right side of the junction road.V1 incurred undetermined value of damages in the right side of the following right windshield,right headlight assembly, right front door, and right side bumper. While the V2 incurred undetermine damages at the front Bumper. Both driver and passenger of Bus had no injury (Hereto attached is the excerpt of police blotter of CPAC-1 Blotter Entry No.922 dated April 13, 2013 marked as Annex “A”)

7. As consequernce thereof, both drivers were issued Land Transportation Office Temporary Operators Permit (LTO TOP) dated March 4, 2013 for the violation of Involved in Vehicular accident and was duly acknowledged by both drivers. (Attached hereto the machine photocopy of LTO TOP with No. 13458424-0 acknowledged by driver of Vehicle 2 and LTO TOP with No.13458425-1 acknowledged by the driver of Vehicle 1 marked as Annex “B”)

IV. DISCUSSION/CONCLUSION:

12. In the event that the driver of Toyota corolla (referred to as Vehicle 1) entered the street and had already reached the middle thereof, the driver (referred to as Vehicle 2)travelling along the thorough street, although with a right of pre-emption has the duty to stop his motor vehicle to avoid collision. “People vs Tardji 3 CA 460”. The weather condition of the incident was rainy and the road were slippery and wet, the driver of Nissan Bus (referred to as vehicle 2) is duty bound to prevent his vehicle from Hittingthe Toyota corolla (referred to as vehicle 1) while in motion. It is also his principal duty to drive the vehicle safely and within the speed limit prescribed by law.”People vs Sayson ,CA 54 OG 413”.Moreover, since V2 wasa For Hire Bustransporting passenger,the driver should initiate extra diligent effort in the assurance of safety and due care in driving.

13. Nonetheless, involved parties had conference in this office in the presence of Traffic Investigator SPO1 Gary B. Amaranto and unfortunately they failed to settle amicably thier case among themselves.

V. RECOMMENDATION:

14. In view of the foregoing, this office hereby recommend to refer this instant case before the Honorable Office of the City Prosecutor.

Prepared by: Recommend approval:

Gary B. Amaranto Salvador BuenSenior Police Officer 1 Senior Police Officer 3Traffic Investigator Investigation PNCO

Approved by:

ROBERT AA MORICO II, PESEPolice SuperintendentOfficer-In-Charge

Other Attachments:

i Rough sketch of the scene of the incident ii Final sketch of the scene of the incident iii Machine copy of the driver license of Rene H. Cristobal iv Machine copy of the OR/CR of vehicle v Machine copy of the Incident Report

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

TRAFFIC ACCIDENT INVESTIGATION REPORT

X. WHERE: National Highway of Brgy Rawis, Legazpi City near Salvacruz residence and fronting DOST RO-V

II WHEN: Wednesday February 20, 201310:45 PM Rainy________ (Day of Week) (Date) (Time) (Weather Condition)

III. WHAT: Vehicle Versus: () Another Vehicle ( ) Pedestrian (x ) Fix Object

IV. TYPE OF ACCIDENT:(X) Fatal ( ) Non Fatal (x) Damage of Property( ) Head On ( ) Rear End () Angle( ) Sideswiped same Direction() Sideswiped Opposite Direction

V. Number of Vehicle Involve: One (1) Road Condition/Character : Straight & flat Concrete

VEHICLE 1 VEHICLE 2

Type: Wagon NoneMake & Model: Toyota RAV 4Plate Number: WSJ-934Classification: PrivateDriven by: Rene Carlo Cristobal y HidalgoAddress: 719 Brgy 42 Rawis, Legazpi CityOccupation: BusinessmanDrivers License No.: EO2-05-000087Nationality & Age: Filipino/27 years oldSex & Civil Status: Male/SingleVehicle Owner: Antonio V NideaAddress: Maria Clara Street, Legazpi CityReg. Cert. & File OR# 196768364Certificate of Registration No. 5339927-5

BRIEF NARRATION OF FACTS:

At about 10:45 P.M of February 20, 2013, a motor vehicular traffic accident has transpired along National Highway of Brgy. Rawis Legazpi City near Salbacruz Residence particularly in front of Department of Science and Technology Region V (DOST RO-V). CPAC 5 personnel led by PINSP REYNALDO L CASTUERA and Duty Traffic Investigator PO1 Ronaldo E Toledo responded to the place of incident and conducted investigation, wherein involved vehicle is a Toyota RAV 4 color black, bearing plate number WSJ-934 driven by one Rene Carlo Cristobal y Hidalgo, holder of Non-Professional Drivers License No. EO2-05-000087 to expire on 2013-05-29 and a resident of No. 719 Brgy. 42 Rawis, Legazpi City.

Initial investigation conducted by the responding police officers disclosed that the motor vehicle was traversing along the National Highway of aforesaid place from Legazpi downtown bound to Brgy. Rawis this City and upon reaching the above mentioned place said vehicle accidentally hit a cut trunk of an “Agoho” Tree and strike to another two (2) “Agoho” tree beside the National Road, thereafter swerved to the opposite lane and roll over near the residence of Salbacruz. As a result, driver of the said vehicle sustained multiple injuries to different parts of his body and was immediately rushed by the responding Albay Health Emergency Mobile (AHEM) to Bicol Regional Training and Teaching Hospital (BRTTH) for medical treatment. (Hereto attached is the

excerpt of police blotter of Legazpi City Central Police Station Blotter Entry No.0135 dated February 20,2013 marked as Tab. “A”).

Soon after driver/victim was brought to BRTTH, the driver was transferred and confined/treated at Estevez Memorial Hospital, Legazpi City. SPO1 Gary Amaranto,Traffic Investigator of this station conducted follow up investigation at the aforementioned hospital in connection with the said incident disclosed that driver Rene Carlo Cristobal y Hidalgo was affirmed dead by attending physician Dr. Jun Estevez of Estevez Memorial Hospital, Legazpi City at about 7:30 in the morning of February 23, 2013. (Hereto attached is the machine copy of Legazpi City Central Police Station Blotter Entry No.0176 dated February 20,2013 marked as Tab. “B”).

The scene of incident were photographed/sketch in original position by PO1 Ronaldo E. Toledo, duty Traffic Investigator Legazpi City Police Station. (Hereto attached as annex “D” photographed scene of incident as Tab “C”).

In the Certification issued by Estevez Hospital, Legazpi City, the victim/driver sustained Hypoxic/Ischemic Encephalopathy; Spinal Cord Injury, C5-C6 complte; Diffuse Axonal Injury; Pulmonary Contusion Left; Traumatic Spinal Cord Pulmonary Injury; Acute Thrombocytopenia, Bleeding Stress Ulcer/Gastritis. (Hereto attached as Annex “E” copy of Medico-Legal Certificate of the victim (driver)Rene Carlo Cristobal y Hidalgo dated March 26, 2013 as Tab. “D”).

In the Certificate of Death, duly issued by the Office of the Civil Registrar of Legazpi City dated February 25, 2013, duly certified by Elmer Jose A. Maceda M.D. FAFN attending physician EMHI, Guevarra Subd., Legazpi City the immediate cause of death of Rene H. Cristobal was due to “Hypoxic/Ischemic Encephalopathy”, antecedent cause Spinal Cord Injury, C5-06 Complete Diffuse Axonal Injury, Pulmonary Contusion Left, underlying cause Traumatic Spinal Cord Pulmonary Injury and other significant condition contributing to death Acute Thrombocytopenia, Bleeding Stress Ulcer/Gastritis (Hereto attached the machine copy the Certificate of Death of Rene H Cristobal dated February 25, 3013 as Tab. “E”)

DISCUSSION/CONCLUSION:

Based on the foregoing facts and circumstances, the weather condition is rainy and it was cleared enough that the road was slippery and wet and no other parties was involved.

RECOMMENDATION:

This instant case is purely accident and recommends that this case is considered closed.

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

TRAFFIC ACCIDENT INVESTIGATION REPORT

I WHERE: Intersection Brgy.39 Bonot Junction Legazpi City

II WHEN: SaturdayApril 13, 2013 5:50AM Rainy_(Day of Week) (Date) (Time) (Weather Condition)

III. WHAT: Vehicle Versus: (x) Another Vehicle ( ) Pedestrian( ) Fix Object

IV. TYPE OF ACCIDENT:( ) Fatal ( ) Non Fatal (x) Damage of Property( ) Head On ( ) Rear End (x ) Angle( ) Sideswiped same Direction ( ) Sideswiped Opposite Direction

V. Number of Vehicle Involve: Two (2) Road Condition/Character :Junction Road/Asphalted

VEHICLE 1 VEHICLE 2

Type: Car Bus Make & Model: Toyota Corolla Nissan

Plate Number: UCC-583 EVM-981

Classification: Private For HireDriven by: Jenniffer Villete y Ortiz Mario Calubad y BitareAddress: Zone-2 Bagumbayan, Sugod, Tiwi Albay Malinao AlbayOccupation: Goverment Employee DriverDrivers License No.: EO2-12-000308 EO2-76-006936Nationality & Age: Filipino/32 years old Filipino/Legal Age

Sex & Civil Status: Female/Widow Male/Married

Vehicle Owner: Glen G. Nasser Socorro M. BubanAddress: 38 First Park Daraga Albay Boñga, Bacacay AlbayReg. Cert. & File OR# 361306260 212276002Certificate of Registration No. 50296555

BRIEF NARRATION OF FACTS:

At about 5:50 A.M. of April 13, 2013, a motor vehicular accident has transpired along Bonot junction road of Brgy.39 Bonot, Legazpi City. CPAC 1 personnel PO2 Rosales and PO2 Miranda attended and conducted initial investigation to the place of incident, wherein involved vehicle were as follows;Toyota Corolla(referred to as vehicle 1) color White, bearing plate number UCC-583, under LTO CR no.50296555, LTO OR no.361306260, registered to Glenn G. Nasser of 38 first Park Subd. Daraga Albay. Driven by Jennifer Villete y Ortiz, legal age, a resident of Z-2 Bagumbayan, Malinao, Albay, holder of LTO Professional Drivers License No. EO2-12-000308, with restriction code 1,2 to expire on 2014-02-24; Our Lady of Salvation Nissan Bus Line(referred as vehicle 2) with body no.1920, bearing plate no.EVM-981, under LTO CR no. 70306312, LTO OR no.212276002, registered to Socorro M. Buban of Bonga, Bacacay, Albay. Driven by Mario Calubad y Bitare, legal age, a resident of Sogod, Tiwi, Albay, holder of LTO Professional Drivers License No. EO2-12-000308, with restriction code 1,2 to expire on 2014-02-24

Initial investigation conducted by the responding police officers disclosed that Toyota Corolla(referred to as vehicle 1) traversing from Bogtong road moving toward Bonot junction road and already occupied the foriegn lane ( middle of the road) of the junction road there and then accidentally hit in an angle position and at speed of the abovemention Our Lady of Salvation Nissan Bus Line(referred to as vehicle 2) which coming from Centro Legazpi City traversing at Bonot road toward Tabaco City as a result of impact Toyota Corolla(referred to as vehicle 1)turned and swerve in the left side of the road facing toward the road of Bogtong, Legazpi City to where it came, while Our Lady of Salvation Nissan Bus Line(referred to as vehicle 2) swerved in the right side of the junction road.Toyota Corolla(referred to as vehicle 1) incurred undetermined value of damages in the right side of the following; right windshield,right headlight assembly, right front door, and right side bumper. While the Our lady Salvation Nissan Bus Line(referred to as vehicle 2) incurred undetermine damages at the front Bumper. Both driver and passenger of Bus had no injury.Althrough during comfrontation in LCPS-CPAC-1Office by the duty Desk Officer PO3 Jonathan Daen between both drivers and the liason of the Our Lady of Salvation Nissan Bus Line entered into compromised agreement that the management of the latter will shoulder the expenses for the repair/restoration of the Toyota Corolla but when learned the amount of damages which reached at more or less Php. 37,000.00 the bus company refused to let the

vehicle restored in original figure.(Hereto attached is the excerpt of police blotter of CPAC-1 Blotter Entry No.922 dated April 13, 2013 marked as Annex “A”)

With the compromised agreement failed and did not materialized, Complete Assignment Sheet was indorsed to Central Office (Attn; traffic investigation section) to properly address to conduct further investigation regarding the incident. Subsequentlythereof, both drivers were issued Land Transportation Office Temporary Operators Permit (LTO TOP) dated March 4, 2013 for the violation of R.A. 4136 Reckless Driving(Involved in vehicular accident) and was duly acknowledged by both drivers. (Attached hereto the machine photocopy of LTO TOP with No. 13458424-0 acknowledged by driver of Vehicle 2 and LTO TOP with No.13458425-1 acknowledged by the driver of Vehicle 1 marked as Annex “B”)

DISCUSSION/CONCLUSION:

In the event that the driver of Toyota corolla (referred to as Vehicle 1) entered the intersection and had already reached the middle median lane thereof, the driver of Our Lady of Salvation Nissan Bus(referred to as Vehicle 2) displayed negligencewith regard with the incident that at the timetravelling along the thorough street, although with a right of way and have the last clear chance to avoid,shall initiate pre-emption moreover has the duty to stop his motor vehicle to avoid collision. (“People vs Tardji 3 CA 460”). Further while the weather condition of the incident was rainy and the road were slippery and wet, the driver of Our Lady of Salvation Nissan Bus (referred to as vehicle 2) is heavyit is his principal duty to drive the vehicle safely and within the speed limit prescribed by law.(”People vs Sayson ,CA 54 OG 413”). Moreover, hence Our Lady of Salvation Nissan Bus Line(referred to as vehicle 2) was a Public conveyance passenger Bus transporting/carrying passenger, the driver should initiatedsolemn diligent effort in the assurance of safety and due care in driving.

After careful perusal of circumstances surrounding this particular incident, prima facie exist that herein driver of Our Lady of Salvation Nissan Bus Line(referred to as vehicle 2) displayed lack of foresight, precaution and due care to circumvent the impending mishap which constitute for “Reckless Imprudence Resulting in Damage to Property

Nonetheless, involved parties had conference in this office in the presence of Traffic Investigator SPO1 Gary B. Amaranto but unfortunately they failed to settle amicably thier case among themselves.

V. RECOMMENDATION:

In view of the foregoing, this office hereby recommend to refer this instant case before the Honorable Office of the City Prosecutor.

Prepared by: Recommend approval:

Gary B. Amaranto Gomercindo BatallerSenior Police Officer 1 Police Officer 3Traffic Investigator Investigation PNCO

Approved by:

ROBERT AA MORICO II, PESEPolice Superintendent

Acting Chief Of Police

Republic of the PhilippinesNational Police Commission

Philippine National PoliceLEGAZPI CITY POLICE STATION

B. Imperial St., Legazpi City

TRAFFIC ACCIDENT INVESTIGATION REPORT

I. WHERE: National Road, Rawis, Legazpi City

II. WHEN: Saturday June 5, 2010 OOA 4:20 PM Sunny

(Day of Week) (Date) (Time) (Weather Condition)

III. WHAT: Vehicle Versus: ( ) Another Vehicle(X) Pedestrian( ) Fix Object

IV. TYPE OF ACCIDENT: (X) Fatal ( ) Non Fatal ( ) Damage of Property

( ) Head On ( ) Rear End ( ) Angle

( ) Sideswiped same Direction ( ) Sideswiped Opposite Direction

V. Number of Vehicle Involve: One (1)Road Condition/Character : Straight & flat

Concrete

VEHICLE 1Type: For HireModel: Tricycle Plate Number: EX-8853Classification: Public Utility TricycleDriven by: Jerry Banania ApinAddress: Brgy 18., Putting, Daga, Legazpi CityOccupation: Tricycle Driver Drivers License No.: EO2-99-039209Nationality & Age: FilipinoSex & Civil Status: Male / MarriedVehicle Owner: Julian FernandezAddress: Brgy., 42 Pag-Asa, Rawis, Legazpi CityReg. Cert. & File OR# 4471635

CR# 841445194Insurer: Great Domestic Insurance Company

BRIEF NARRATION OF FACTS:

On or about 4:20 PM of June 5, 2010 while abovementioned driver was manning the Public Utility Tricycle with passenger, running on National Road and upon reaching Rawis, Legazpi City, he made an abrupt movement of his steering wheel to evade an approaching tricycle causing his passenger seated behind him to fall on the road and sustained injuries. Immediately he brought the victim to Bicol Regional Training and Teaching Hospital for medical treatment and reported the incident to Legazpi City Police Station. The victim identified as Elena E Balderama of Brgy., Dita, Legazpi City who was declared dead on arrival by the attending Physician at said Hospital.

ACTION TAKEN:

This Office prepares all necessary papers for filing of appropriate charges against the driver and owner of said tricycle. The victim was subjected to autopsy examination to determine the cause of death.

REMARKS/DISPOSITION:

After careful perusal of circumstances surrounding this particular incident, it appears that the herein suspect / driver is criminally liable for Homicide through Reckless Imprudence wherefore. In view of the foregoing, this office recommends that this case be referred to the Office of the City Prosecutor of Legazpi City for proper disposition.

PO2 Gomercindo B Bataller Jr.

(Investigator on Case)

Noted By:

REMIGIO BERNARDINO GREGORIO Police Superintendent Officer-In-Charge

PROCEEDINGS OF THE BOARD TO DETERMINE THE LINE OF DUTY STATUS OF PFC WILLIAM MIRAS BRONCANO, MEMBER OF LEGASPI CITY POLICE STATION WHO DIED ON AUGUST 9, 1981, WHOSE CAUSE OF DEATH WAS ANOXIA AND THE ANTECEDENT CAUSE WAS RUPTURED APPENDICITIS, INTESTINAL OBSTRUCTION AND SEPTICEMIA AND THE OTHER SIGNIFICANT CONDITIONS ARE EXPLORATORY LAPARATOMY APPENDICTOMY AND RELEASE OF INTESTINAL OBSTRUCTION.

AUTHORITY:

Pursuant to Letter Order Number 1090, Police Regional Office 5, Legaspi City dated October 24, 2012.

The board composed of the following:

PCINSP ROBERT BERCASIO BELLEN 0-09820 PNP -Chairman SPO2 Salvador BinucasBuen 107191 PNP -Vice Chairman/RecorderPO2 Arnee Julius GiveroDedase 163158 PNP -Member/InvestDr. Fulbert Alec R. Gillego -Member/Medical

RepresentativeAtty. Mariano B. Barranda -Member/Legal

Representative

The board of Officer and Non-Commissioned Officers convened at the Headquarters of Legaspi City Police Station, Legaspi City on December 11, 2012 at 10:00 o’clock in the morning with the attendance of all the members.

Chairman: The board will now come to order, please take note that the board was created pursuant to Letter Order Number 1090, Police Regional Office 5, CampGeneral Semion A Ola, Legaspi City dated October 24, 2012 purposely to determine the Line of Duty (LOD) status of the late PFC William MirasBroncano who died on August 9, 2012 at Tanchuling General Hospital, Legaspi City.

Recorder: (Called the roll and noted the presence of all the board designated members)

Chairman: Mr. Recorder, is the board now ready to deliberate on the purpose for which it has been created?

Recorder: Yes sir, the board is now ready for deliberation to determine the Line of Duty Status of the late PFC WILLIAM MIRAS BRONCANO.

Chairman: We will now present the first witness.

Investigator: SPO2 Calixto Padilla Lelis (Ret.) is herein presented, sir.

Chairman: Swear him in.

The witness is sworn in before the board and swore to tell the truth and nothing but the truth in the foregoing proceedings.

Investigator: Mr. witness, will you state your name and other personal circumstances.

SPO2 Lelis (Ret.): I am SPO2 Calixto Padilla Lelis (Ret.), 69 years old, married, a resident of #173Brgy.38 Gogon, Legaspi City.

Chairman: When did you become aware that PFC William MirasBroncano has passed away?

SPO2 Lelis (Ret.): It was in the evening of August 9, 1981 when I learned that one of my co-police officer at Legazpi City Police Station, my batch mate, PFC William MirasBroncano who was assigned at Legazpi City Police Station Substation 1, Peñaranda St., Legaspi City designated as 1st Shift Desk Officer has expired at about 3:30 PM of the same date, while being confined and treated at Tanchuling General Hospital, Legaspi City.

Chairman: I have no more questions to ask. Anything you would like to add?

SPO2 Lelis (Ret.): Yes, sir. I also learned that, 6 days prior to the death of PFC William Broncano, on August 3, 1981, PFC William MirasBroncano reported for duty as 1st shift duty Desk Officer at Legaspi City Police Station, Substation 1 at Peñaranda St. LegaspiCity but was not able to finish his tour of duty for he suffered a severe stomachache and severe headache, and was rush to Tanchuling General Hospital, Legazpi City same that date.

Chairman: I have no more questions to ask. Is there anything else you would like to add?

SPO2 Lelis (Ret.): No more sir.

Chairman: Mr. Recorder, you may now excuse the witness and call on the next witness.

Mr. Recorder: Sir, Iam presenting Mrs. ResurreccionMacedaBroncano to be the next witness.(Mrs. ResurreccionMacedaBroncano was sworn in)

Chairman: Mrs.Broncano for the record, please state your name and other circumstances.

Mrs. Broncano: I am ResurreccionMacedaBroncano, of legal age, a resident of #216 PenarandaStreet, Legazpi City, widowed of late PFC William MirasBroncano.

Chairman: Mrs. Broncano, can you please narrate the circumstances underlying the death of your husband the late PFC William MirasBroncano?

Mrs. Broncano: Yes sir, it was in the afternoon of August 3, 1981 when my husband the late PFC William MirasBroncano informed me that he was not able to finish his duty for he suffers a severe Stomachache and severe Headache.

Chairman: What happened next?

Mrs. Broncano: At about 6:00 PM of same date (August 3, 1981) I brought my husband at Tanchulling General Hospital, Legaspi City where there he was confined and treated, and after 6 days of his confinement at said hospital, on August 9, 1981 at about 3:30 PM my husband expired.

Chairman: Mrs. Broncano could you please state your reason why after 31 years that your husband died, only this year you are applying for his benefits claims?

Mrs. Broncano: The reality sir, I was missed informed regarding the benefits claims of my husband and I was also busy in my carrier as a Professional Teacher then.

Chairman: Mr. Broncano, I have no more questions to ask. Is there anything else you would like

to add?

Mrs. Broncano: No more sir.

Chairman: Mr. Recorder, you may now excuse the witness and call on the next witness if there is

Any.

Mr. Recorder: Sir, I am presenting PO2 Arnee Julius GiveroDedase to be the next witness. (PO2 Dedase was sworn in)

Chairman: PO2 Dedase, for the record, please state your name and other circumstances.

PO2 Dedase: I am PO2 Arnee Julius GiveroDedase, of legal age, single and a resident of #348 Prk.5 Brgy.1 Em’s Barrio, Legaspi City, bonafide member of PNP presently assigned at Legaspi City Police Station, Legaspi City designated as Investigator and pursuant to Letter Order Number 1090, Police Regional Office 5, Legaspi City dated October 24, 2012 I was designated as Member/Investigator of this board.

Chairman: Being so, do you have anything to present before this board that bearing in this proceeding?

PO2 Dedase: In my capacity as an investigator, I hereby submit to the board the documents related to the death of PFC William MirasBroncano.

Chairman: What are those?

PO2 Dedase: The documents are as follows:

1. Police Blotter Certification dated August 3, 19812. Investigation Report date ___________3. Affidavit of Resurreccion M. Broncano4. Affidavit of SPO2 Calixto P Lelis5. Certificate of death from the Office of the Civil Registrar of Legaspi City with

Registry Number 686(H-81).

It is requested that the above submitted documents be marked as Annexes “A”, “B”, “C”, “D” and “E” respectively and be used as an integral part of this proceeding.

Chairman: Mr. Recorder please mark the documents according to the request of the witness/investigator.

Mr. Recorder marked and noted said Annexes as accordingly the documents according to the request.

Chairman: I have no more to ask. Is there anything you would like to add?

PO2 Dedase: No more, sir.

Chairman: Mr. Recorder you may now excuse the witness and call on the other witness if there is any.

Mr. Recorder: No more witnesses, sir.

Chairman: After perusal of the documents submitted before this Board and findings to be essential and meritorious in form in substance, all members thereof hereby concur with the findings that the underlying cause of death of late PFC WILLAIM MIRAS BRONCANO was Anoxia and the antecedent cause was Ruptured Appendicitis, Intestinal Obstruction and Septicemia and the other significant conditions are Exploratory LaparatomyAppendictomy and Release of Intestinal Obstruction.

Further, consideringthat the statement given under oath by the witnesses presented, all members of the Board believed that PFC Broncano’s death was natural cause

and undoubtedly the contributory factors of his cause of death was his everyday police duty.Therefore, this board hereby finds that PFC WILLIAM MIRAS BRONCANOs’death is in the line of duty.

RECOMMENDATION

We, members of the Board, after a thorough and careful perusal of records and documents presented, hereby recommend that all the benefits intended to late PFC WILLIAM MIRAS BRONCANO be given/awarded to his legal beneficiaries and that he be posthumously recommended for meritorious promotion.

ROBERT BERCASIO BELLEN ATTY. MARIANO B BARRANDAPolice Chief Inspector Legal Officer, Legazpi City Police StationDeputy Chief of Police Legazpi CityChairman Member

Salvador BinucasBuen Dr. Fulbert Alec R. GillegoSenior Police Officer 2 City Health OfficerVice Chairman/Recorder Legazpi City

Member

Arnee Julius GiveroDedasePolice Officer 2Member/Investigator

Republic of the PhilippinesNational Police CommissionPhilippine National Police

LEGAZPI CITY POLICE STATIONLegazpi City

March 5, 2013

TRAFFIC ACCIDENT INVESTIGATIOIN REPORT

I. WHERE: Intersection Brgy Bogtong Rd., and Bi-Pass Road Brgy Gogon, Legazpi CityII. WHEN: Monday March 4, 2013 10:10 AM Fair

(Day of Week) (Date) (Time) (Weather Condition) III. WHAT: Vehicle Versus (x) Another Vehicle ( ) Pedestrian ( ) Fix Objects IV. TYPE OF ACCIDENT ( ) Fatal (x) Non Fatal (x) Damage to Property

( ) Head On ( ) Rear End ( ) Angle( ) Side swiped Same Direction ( ) Side swipe Opposite Direction

V. NUMBER OF VEHICLE INVOLVED: Two( 2 ) VI. Road Condition/Character: Cemented

VEHICLE 1 VEHICLE 2 Type: Motorcycle Truck (Close Van) Make & Series: Suzuki Unk Plate Number: 1644-EK EBG-564 Classification: Private Private Driven by: John Lorie A. Albis Garry B. Millaamina Address: BLISS Bagong Abre, Legazpi City Agol,Pioduran Albay Occupation: Casual, City Hall City Government of Legazpi City Driver

Drivers License No.: E05-93-010653 E09-02-008477 Nationality/Age: Filipino/ 20 years old Filipino/30 years old Sex/Civil Status Male Male/Married Vehicle Owner: Imelda A. Albis Leoncio M. Millamina Address: BLISS Bagong Abre, Legazpi City Agol, Pioduran, Albay

Reg.Cert.& OR# : 901718856 dated 07/22/2010 196434766 dated 4/20/2012

CR# : 10290495-5 dated 07/22/2010 Insurance:

BRIEF NARATION OF FACTS:

SPO3 Salvador Buena and Traffic Investigator Gary B Amaranto attended a motor vehicle traffic accident that transpired at about 10:10 in the morning of March 4, 2013 along intersection of Brgy Bogtong Road and Bi-Pass Raod, Brgy Gogon, Legazpi City wherein involved vehicles.

Vehicle 1- A Suzuki motorcycle bearing plate number 1644-EK, under LTO O.R. Number 901718856 and LTO C.R. No. 10290495-5 registered to Imelda A. Albis and driven by John Lorie A. Albis, 20 years old, a resident of BLISS Bagong Abre, Legazpi City, holder of Non-Professioanal Driver’s License Number E02-10-000771 with Restriction Code 1 and with back rider one Ryan Delos Santos. Of legal age, a resident Bagong Abre, Legazpi City.

Vehicle 2- A Truck (Close Van), make not known, bearing plate number EBG-564, under LTO issued O.R Number 196434766, CR not carried, registered to Leoncio M. Millamina driven by Garry

B. Millania, 30 years old, married and resident Agol, Pioduran, Albay, holder of PDL NO.E09-02-008477 with restriction code 1,2,3,8 to expires on 2014-07-18.

Initial investigation by the duty traffic investigator disclosed that vehicle 1 is moving from Brgy Bonot, Legazpi City area enroute to Bi-Pass Road, Gogon, Legazpi City and upon reaching a certain point of intersection of Bogtong Road and Bi-Pass Road was accidentally bumped by Vehicle 2 (Truck Van) that was traversing Brgy Bogtong Road to Brgy Bonot, Legazpi City and as consequence thereof, vehicle 1 was drag MOL 11 feet and the driver of motorcycle and his back rider was able to jump from the motorcycle. The driver of motorcycle sustained minor injuries and the back rider has no injury. Vehicle 1 incurred damages of undetermined value while vehicle 2 has no damaged incurred.

ACTION TAKEN:

SPO1 Gary B. Amaranto, duty traffic investigator conducted traffic investigation procedures at the scene of incident and both drivers were issued with Temporary Operators Permit. Further, confrontation had been made on both parties involved but they not arrived into settlement.

REMARKS/ DISPOSITION:

The driver of V-1 should come to a full stop, keeping a look out from left, right, or to the front of him and forewarn the oncoming vehicles before traversing the junction of two (2) through streets and the drivers of V-2 was in the right of way proceeding in the favored direction. The fact that V-2 has the right of way does not warrant him in proceeding regardless of conditions and consequences or the safety of others, and since V-1 had already engaging to turn left thereof and V-2 was driving a little bit fast that he accidentally bumped front part of V-1 and the former was drag to some distance for more or less 11 feet before its final rest. Thus, if the favored driver sees that a situation of danger exists or is imminent , he is bound to act with reasonable caution to avoid a collision, even though this involved yielding the right of way, even though it involves the actual stopping of his vehicle.

After careful perusal of circumstances surrounding this particular incident, prima facie exist that herein drivers displayed lack of foresight, pre-caution and did not exercises the proper degree of care while there are circumvent the impending collision that resulted to the injuries of driver of vehicle 1 and damages of his driven motorcycles.

Nonetheless, involved parties have had conferences in this Office in the presence of traffic investigator SPO1 Gary BB. Amaranto but the parties involved unfortunately they failed to settle their case among themselves.

Whereof, in view of the foregoing, this Office hereby recommends to refer this instant case before the Office of the City Prosecutor.

PREPARED BY:

SPO1 Gary Amaranto (Traffic Investigator)

NOTED BY:

ROBERT BERCASIO BBELLENPolice Chief Inspector

Republic of the PhilippinesNational Police CommissionPhilippine National Police

LEGAZPI CITY POLICE STATIONLegazpi City

March 5, 2013

TRAFFIC ACCIDENT INVESTIGATIOIN REPORT

III. WHERE: Intersection Brgy Bogtong Rd., and Bi-Pass Road Brgy Gogon, Legazpi CityIV. WHEN: Monday March 4, 2013 10:10 AM Fair

(Day of Week) (Date) (Time) (Weather Condition) III. WHAT: Vehicle Versus (x) Another Vehicle ( ) Pedestrian ( ) Fix Objects IV. TYPE OF ACCIDENT ( ) Fatal (x) Non Fatal (x) Damage to Property

( ) Head On ( ) Rear End ( ) Angle( ) Side swiped Same Direction ( ) Side swipe Opposite Direction

VII. NUMBER OF VEHICLE INVOLVED: Two( 2 ) VIII. Road Condition/Character: Cemented

VEHICLE 1 VEHICLE 2 Type: Motorcycle Truck (Close Van) Make & Series: Suzuki Unk Plate Number: 1644-EK EBG-564 Classification: Private Private Driven by: John Lorie A. Albis Garry B. Millaamina Address: BLISS Bagong Abre, Legazpi City Agol,Pioduran Albay Occupation: Casual, City Hall City Government of Legazpi City Driver

Drivers License No.: E05-93-010653 E09-02-008477 Nationality/Age: Filipino/ 20 years old Filipino/30 years old Sex/Civil Status Male Male/Married Vehicle Owner: Imelda A. Albis Leoncio M. Millamina Address: BLISS Bagong Abre, Legazpi City Agol, Pioduran, Albay

Reg.Cert.& OR# : 901718856 dated 07/22/2010 196434766 dated 4/20/2012

CR# : 10290495-5 dated 07/22/2010 Insurance:

BRIEF NARATION OF FACTS:

SPO3 Salvador Buena and Traffic Investigator Gary B Amaranto attended a motor vehicle traffic accident that transpired at about 10:10 in the morning of March 4, 2013 along intersection of Brgy Bogtong Road and Bi-Pass Raod, Brgy Gogon, Legazpi City wherein involved vehicles.

Vehicle 1- A Suzuki motorcycle bearing plate number 1644-EK, under LTO O.R. Number 901718856 and LTO C.R. No. 10290495-5 registered to Imelda A. Albis and driven by John Lorie A. Albis, 20 years old, a resident of BLISS Bagong Abre, Legazpi City, holder of Non-Professioanal Driver’s License Number E02-10-000771 with Restriction Code 1 and with back rider one Ryan Delos Santos. Of legal age, a resident Bagong Abre, Legazpi City.

Vehicle 2- A Truck (Close Van), make not known, bearing plate number EBG-564, under LTO issued O.R Number 196434766, CR not carried, registered to Leoncio M. Millamina driven by Garry

B. Millania, 30 years old, married and resident Agol, Pioduran, Albay, holder of PDL NO.E09-02-008477 with restriction code 1,2,3,8 to expires on 2014-07-18.

Initial investigation by the duty traffic investigator disclosed that vehicle 1 is moving from Brgy Bonot, Legazpi City area enroute to Bi-Pass Road, Gogon, Legazpi City and upon reaching a certain point of intersection of Bogtong Road and Bi-Pass Road was accidentally bumped by Vehicle 2 (Truck Van) that was traversing Brgy Bogtong Road to Brgy Bonot, Legazpi City and as consequence thereof, vehicle 1 was drag MOL 11 feet and the driver of motorcycle and his back rider was able to jump from the motorcycle. The driver of motorcycle sustained minor injuries and the back rider has no injury. Vehicle 1 incurred damages of undetermined value while vehicle 2 has no damaged incurred.

ACTION TAKEN:

SPO1 Gary B. Amaranto, duty traffic investigator conducted traffic investigation procedures at the scene of incident and both drivers were issued with Temporary Operators Permit. Further, confrontation had been made on both parties involved but they not arrived into settlement.

REMARKS/ DISPOSITION:

The driver of V-1 should come to a full stop, keeping a look out from left, right, or to the front of him and forewarn the oncoming vehicles before traversing the junction of two (2) through streets and the drivers of V-2 was in the right of way proceeding in the favored direction. The fact that V-2 has the right of way does not warrant him in proceeding regardless of conditions and consequences or the safety of others, and since V-1 had already engaging to turn left thereof and V-2 was driving a little bit fast that he accidentally bumped front part of V-1 and the former was drag to some distance for more or less 11 feet before its final rest. Thus, if the favored driver sees that a situation of danger exists or is imminent , he is bound to act with reasonable caution to avoid a collision, even though this involved yielding the right of way, even though it involves the actual stopping of his vehicle.

After careful perusal of circumstances surrounding this particular incident, prima facie exist that herein drivers displayed lack of foresight, pre-caution and did not exercises the proper degree of care while there are circumvent the impending collision that resulted to the injuries of driver of vehicle 1 and damages of his driven motorcycles.

Nonetheless, involved parties have had conferences in this Office in the presence of traffic investigator SPO1 Gary BB. Amaranto but the parties involved unfortunately they failed to settle their case among themselves.

Whereof, in view of the foregoing, this Office hereby recommends to refer this instant case before the Office of the City Prosecutor.

PREPARED BY:

SPO1 Gary Amaranto (Traffic Investigator)

NOTED BY:

ROBERT BERCASIO BBELLENPolice Chief InspectorOfficer-In-Charge

Republic of the PhilippinesNATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE

POLICE____________

___________________

_______, Legazpi City

MEMORANDUM

FOR : Chief_________

FROM : Investigator-On-Case

SUBJECT : Investigation Report Re: Request for Reimbursement of Hospitalization Expenses of P__________

DATE : September __, 2013

I. AUTHORITY:

1. PNP Circular No. 2011-011 entitled, “Expanded Reimbursement of Hospitalization Expenses of PNP Personnel in the Active Service.”

2. Attached records/documentary requirements of P____________.

II. MATTERS INVESTIGATED:

3. To determine the cause and surrounding circumstances of the hospitalization of _______, member of _______, from ____ __-__, 2013 at _________ Hospital, Legazpi City, accordingly, due to “____________.”

III. FACTS OF THE CASE:

4. P__________ (P_____, for brevity) is a bona fide member of the Philippine National Police assigned at _________, __________, Legazpi City and presently designated as _______ of the said office/unit.

5. On August __, 2013 the ____ sent a memorandum to the Chief, Regional Health Service 5 (Medical) copy furnished the Chief, Regional Personnel and Human Resources Development Division 5 (RPHRDD 5) informing the latter office that P______ was brought to _______ at about __:__ midnight and was confined therein due to _________. (Please see attached Memoranda as Annex “A”)

6. Consequently, P_____ was admitted at the above-mentioned hospital from ______ __-__, 2013 and was diagnosed for “______________.” (Please see attached Medical Certificate as Annex “B”)

7. Other pieces of related documents are the following:

a. Clinical Abstract from _______ Hospital;b. Patient’s Statement of Hospital Bill dated _____ __, 2013 with a

payable amount of Php____;c. Sale Invoices with a total cost of Php_____; andd. Service Record dated _____ __, 2013.

IV. DISCUSSIONS/FINDINGS:

8. Based on the foregoing facts, subject PCO has been in the active and reputable service (PNP and military) for _____ (__) years.

9. Under Item No. 5 of NHQ, PNP Circular No. 2011-011 otherwise known as the Expanded Reimbursement of Hospitalization Expenses of PNP Uniformed Personnel in the Active Service, it provides, to wit:

“Hospitalization – The rendering of medical attendance after admission in any PNP Medical Facility (to include PNP General Hospital), government and/or private health care institution.” (Italics supplied)

in relation to the guidelines enumerated in Par. 6 (1) of the just cited circular, to wit:

“Benefits derived hereof shall include the hospitalization of: a) All active PNP Personnel confined in PNP General Hospital and/or PNP Medical Facilities, or PNP accredited government and/or hospitals due to illness/injury xxx.” (Emphasis supplied)

V. CONCLUSION:

10. After careful examination of the facts and evidences presented, the undersigned investigator submits that the hospitalization of P________ may be reimbursed of his hospitalization expenses.

VI. RECOMMENDATION:

11. Wherefore, premises considered, it is respectfully recommended that the application for reimbursement of hospitalization expenses of P______ be endorsed to the appropriate office for proper disposition of his benefit claims.

Prepared by: Concur/Not Concur:

_________________ _____________________Police Officer __ Police Chief Inspector _____ PNCO Chief, _____ Branch

APPROVED/DISAPPROVED:

____________________________ Police Senior Superintendent, DSCChief, ______________

Republic of the Philippines

National Police CommissionPhilippine National Police

LEGAZPI CITY POLICE STATIONLegazpi City

June 6, 2014

TRAFFIC ACCIDENT INVESTIGATION REPORT

I. WHERE: Imperial Court Subd. Phase II, Los Baños St. Fronting Willy’s Lumber, Legazpi City

II. WHEN: Saturday October 19, 2013 12:05 PM Sunny (Day of Week) (Date) (Time) (Weather Condition)III. WHAT: Vehicle Versus (x) Another Vehicle ( ) Pedestrian ( ) Fix ObjectsIV. TYPE OF ACCIDENT ( ) Fatal ( ) Non Fatal (x) Damage to Property

( ) Head On (x) Rear End ( ) Angle( ) Side swiped Same Direction(x) Side swipe Opposite Direction

V. NUMBER OF VEHICLE INVOLVED: Three( 3 ) VI. Road Condition/Character: Rough Road/ Shoulder-side of the Road

VEHICLE 1 VEHICLE 2 Type: Utility Vehicle Utility Vehicle Make & Series: Nissan Pick-Up Mitsubishi L300 Van Plate Number: WNV-987 DMZ-209 Classification: Private Private Driven by: Joseph Alvarez Isaac Mantes y Luna

Address: Brgy. 57 Dap-Dap, Brgy. 17no.605 Rizal Legazpi City St., Legazpi City

Occupation: Businessman/ Businessman/ Retiree Computer Technician

Drivers License No.: Nationality/Age: Filipino/ Legal age Filipino/63 years old Sex/Civil Status: Male/ Married Male/Married Vehicle Owner: Michelle G. Alvarez Matilde C. Caldo

Address: Legazpi City 064 San Jose Santo Tomas, Batangas

Reg.Cert. OR# :944727781 427436623 dtd 09/16/2013 CR# :10292079 8369281-4 dtd

09/28/2009 Insurance:

VEHICLE 3 Type: SUV (Wagon) Make & Series: Mitsubishi Montero Sports G

Plate Number: PJI-289 Classification: Private Driven by: Jerome Armario y Perez

Address: Brgy. 27, Victory Village, Legazpi City

Occupation: Driver Drivers License No.:D16-93-073136 Nationality/Age: Filipino/ legal age Sex/Civil Status: Male Vehicle Owner: Reslie R. Morco

Address: 27 Kamagong St., Ph 68,Gev

San Andres, Cainta Rizal, Region 4 Reg.Cert. & OR# : 933492921 dated 09/01/2010

CR# :10997830-4 dated 09/01/2010 Insurance: (Comprehensive)

BRIEF NARATION OF FACTS:

On or about 12:05 noon of October 19, 2013, SPO1 Gary Amaranto and PO3 Henry Mirafuentes, duty traffic investigator responded to a motor vehicle traffic accident that transpired at Imperial Court Subd. Phase II, Los Baños St. Fronting Willy’s Lumber, Legazpi City, wherein involved vehicles;

Vehicle 1- A Nissan Pick-up 4x4, color white, bearing LTO plate no.WNV-987 registered to Michelle G. Alvarez of Legazpi City, under OR no.944727781 dated 9/22/10 and CR no.10292079-0 dated 9/22/10.

Vehicle 2- A Mitsubishi L300 Van, color Royal Gray, bearing LTO plate no. DMZ-987 registered to Matilde C. Caldo of 064 San Jose Santo Tomas, Batangas, under OR no. 427436623 dated 09/16/13 and CR no. 8369281-4 dated 09/28/09.

Vehicle 3- A Mitsubishi Montero Sport Wagon SUV, color Dark Green, bearing LTO plate no.PJI-289, registered to Reslie R. Morco of 27 Kamagong St. Ph 68, Gev., San Andres Cainta Rizal, Region 4, under OR no. 933492921 dated 9/01/10 and CR no. 10997830-4 dated 9/01/10, driven by Jerome Perez Armario, legal age, a resident of Brgy. 27, Victory Village, Legazpi City, holder of LTO PDL no. D16-93-073136, restriction code 1, 2, 3, & 4.

Initial investigation by the duty traffic investigator, together with

PO1 Israel Racquel, the first responder, disclosed that while V1 and V2 were parked at the shoulder of the road unattended and V3 that was about to move enroute to Rizal St. accidentally hit/bumped V2 at the rear portion and was move/drag to MOL 5 meters, then as a consequence V1 was hit/bumped by V2 at the right side, thereafter V1 incurred dents and paints scratches at the front right side front door, V2 incurred dents and paints scratches at the front right side bumper and left rear bumper. Likewise signal light and hazard light of front front right side and rear side door were damages. V3 incurred front bumper dents plate cover and

plate number were also damages. The incident was witness by V1 And V2 driver, Joseph Perillo Alvarez and Isaac Luna Mantes, respectively.(Hereto attach the LCPS-CPO Blotter Entry no. 057 and 061 dated October 19, 2013 marked as Tab “A” and the LTO OR/CR of respective vehicles marked as Tab “B”)

ACTION TAKEN:

SPO1 Gary B. Amaranto and PO3 Henry Ll Mirafuentes, duty traffic investigator conducted traffic investigation procedures at the scene of incident and V3 driver were issued with Citation ticket for reckless driving under Legazpi City Goverment C.O. 09-86 Rule VI Sec. 2. Further, confrontation had been made on both parties involved, wherein V1(Pick-up 4x4) represented by Joseph Perillo Alvarez, V2(L300 Van) represented by Isaac Luna Mantes and V3(Montero) represented by Nancy Armario Morco (wife of the owner). Involved parties agreed to enter into a compromised agreement that damages incurred to V1(Pick-up 4x4) and V2(L300 Van) will assumed/shoulder by V3(Montero) comprehensive insurance, same with the participation fee. Further V1(Pick-up 4x4) and V2(L300 Van) acceded to released V3 (Montero) vehicle.(Hereto attach the photograph and rough sketch marked as Tab “C”, the issued Citation ticket marked as Tab “D” and LCPS-CPO Blotter Entry no.063 dated October 19, 2013 marked as Tab “E”)

REMARKS/ DISPOSITION:

This particular incident occured at the shoulder of the road while V1(Pick-up 4x4) and V2(L300 Van) were park unattended and that when a V3 (Montero) abruptly move in motion to left the place but suddenly out of control hit/bumped the V2 (L300 Van) that was park ahead as impact it was drag at MOL 5 meters with tire mark left in the rough road of the rear right tire and as impact to V2 (L300 Van) in motion hit directly to V1 (Pick-up 4x4), and upon confronted and argued the V3 driver (Armario) by the V1 driver (Alvarez) he averred he was’nt usually driving an automatic vehicle and he claims, the incident happened when he start his driven vehicle with lever shifted on the Drive position, but the fact was an automatic vehicle cannot be start when a lever already shifted to Drive position, upon starting it must be position in a parked lever or Neutral position before the ignition will start.

In the post impact of incident, marked a gap of 5.5 mtr between the left front tire of V3 (Montero) and left rear tire of V2 (L300 Van) and also a gap of .60 mtr between right front tire of V3 (Montero) and right front tire of V1(Pick-up4x4), that the V2 (L300 Van) was move at 5 mtr as impact with tire mark, probably the acceleration pedal had been stepped instead of the break pedal that cause strong impact.

After careful perusal of circumstances surrounding this particular incident, prima facie exist that herein V3 driver (Armario), displayed lack of skill, weak judgement and did not exercises the proper degree of care

and pre-caution to circumvent the impending collision that resulted to the V1(Pick-up 4x4) and V2(L300 Van) vehicle to incurred damages.

Nonetheless, involved parties have had conferences in this Office in the presence of traffic investigator SPO1 Gary B. Amaranto and reach into a compromised agreement but unfortunately V3(Montero) representative Nancy Morco y Armario, wife of the owner failed to comply his obligation in relation to thier compromised agreement.

Whereof, in view of the foregoing, this Office hereby recommends to refer this instant case before the Office of the City Prosecutor.

PREPARED BY:

SPO1 Gary B. AmarantoTraffic Investigator

NOTED BY:

ALEX SAVILLA PEDERIOPolice SuperintendentOfficer-In-Charge

Republic of the PhilippinesNational Police Commission

PHILIPPINE NATIONAL POLICELEGAZPI CITY POLICE STATION

Alternate Road, Brgy 37, Bitano, Legazpi CityE-mail: [email protected] Tel. Nr. (052) 821-7947

TRAFFIC ACCIDENT INVESTIGATION REPORT

I. WHERE: Curve Road of P-7, Brgy.59 Puro, Near Breakwater Legazpi City

II. WHEN: Thursday May 9, 2013 2:00 PM Sunny(Day of Week) (Date) (Time) (Weather Condition)

III. WHAT: Vehicle Versus: (x) Another Vehicle ( ) Pedestrian( ) Fix Object

IV. TYPE OF ACCIDENT:(x) Fatal ( ) Non Fatal (x) Damage to Property (x) Head On ( ) Rear End ( ) Angle ( ) Sideswiped same Direction ( ) Sideswiped Opposite Direction

V. Number of Vehicle Involve:Two (2) Road Condition/Character: Curve and Concrete

VEHICLE 1 VEHICLE 2

Type: Motorcycle Motorcycle Make & Model: Honda XRM Yamaha VegaPlate Number: 8668-EA 9339-EJClassification: Private Private Driven by: Luigi Banua y Sorrera Rommel Abarrientos y

BahoyAddress: 1147 5TH St.OLV P-2 Brgy. 57 Dap-Dap Brgy. Bitano Legazpi City Legazpi CityOccupation: None NoneDrivers License No.: EO2-12-000276 UnlicensedNationality & Age: Filipino/18 years old Filipino/16 years old

Sex & Civil Status: Male/Single Male/Single

Vehicle Owner: Luis G. Banua Jorge G. Glomar Address: L12 B19 OLV Brgy. Bitano P-7 Sitio Buga Nabonton

Legazpi City Ligao City Reg. Cert. & File OR# 361296353 309847716Certificate of Registration No.10291059-2 9739117-3

BRIEF NARRATION OF FACTS:

On or about 2:00 in the afternoon of May 9, 2013, a vehicular accident transpired at the curve road of P-7 Brgy.57 Puro, Legazpi City. SPO1 Gary B. Amaranto duty traffic investigator together with the 1st responder SPO1 Belen and PO2 Manrique attended and conducted initial investigation, involved vehicle were as follows;

Vehicle-1 Honda XRM motorcycle with plate # 8668-EA registered to Luigi G. Banua, of L12 B19 OLV Brgy. Bitano, Legazpi City under LTO issued CR#10291059-2, OR# 361296353, being driven by Luigi Banua y Sorrera, 18 y/o of 1147 5TH St.OLV Brgy. Bitano, Legazpi City holder of Non-Prof. drivers license no. EO2-12-000276 with backride one ___________a resident of Brgy. Bitano, Legazpi City.

Vehicle-2 Yamaha Vega motorcycle with plate no. 9339-EJ,registered to Jorge G. Glomar,legal age of P-7 Sitio Buga, NabontonLigao Albay, under LTO issued CR# 9739117-3,OR# 309847716, driven by Rommel Abarrientos y Bahoy, 16 y/o, Single, a resident of Brgy. DapDap Legazpi City, without drivers license with back ride one Carlo Colle y Briones, 17 y/o Single of same address.

Initial investigation conducted by responding traffic investigator, disclosed that both vehicles were moving in opposite direction V1 coming from Sitio San Isidro going to Centro Legazpi City, while V2 from Centro Legazpi City going to Sitio San Isidro, that upon reaching along Curve Road of P-7 Near Breakwater, Brgy.59 Puro, Legazpi City, V2 encroach to the lane of V1 as a result, a head on collision happened, due to impact V2 out of control ramp over the gutter and was thrown over to the elevated cemented road as it’s final rest. Both drivers and back riders sustained injuries and immediately brought by the concerned citizen in the Hospital for immediate Medical attention.(Hereto attached is the excerpt of LCPS CPO Blotter Entry No.0624 dated May 5, 2013 marked as Annex “A”).

ACTION TAKEN;

Duty traffic investigator conduct investigation procedures the incident were documented thru rough sketch and photograph.

DISCUSSION/CONCLUSION:

Motorist traversing at the curve road must slowed down to follow the curve direction smoothly and the hinder in the blind road will be avoided to cause possible accident. In this particular incident, the V2(Yamaha) while approaching at the curve road were driven at a high speed without due regard to the backride and disregard to slow down nor lowered the gear transmission that resulted to encroach in the other lane and a head-on collision occured to the approaching V1 (Honda), that in the post impact of V2 (Yamaha) to the point of impact from the street light measured _____and to the V1 (Honda) measured _______and rested in the elevated portion off road near the break water together with the driver and backride. V1 (Honda) who absorb the impact the driver and backride, remain in his occupied lane.

Nonetheless, involved parties had conference in this office in the presence of Traffic Investigator SPO1 Gary B. Amaranto then they agreed to entered into a compromised agreement between involves parties wherein the V2 (Yamaha) driver represented by the mother_________and the owner_____,then backride represented by the mother __________and they agreed to reinbursed the medical expenses of V1 (Honda) driver same with the repair/restoration of the motorcycle, unfortunately the obligation agreed did not complied.

V. RECOMMENDATION:

In view of the foregoing, althrough a compromised agreement between parties involved, this office hereby recommend that this case closed and settled.

Prepared by: Recommend approval:

Gary B. AmarantoSenior Police Officer 1 Senior Police Officer 3Traffic Investigator Investigation PNCO

Approved by:

ROBERT AA MORICO II, PESEPolice SuperintendentOfficer-In-Charge