Republic of the Philippines
National Police Commission
Philippine National Police
LEGAZPI CITY POLICE STATION
Alternate Road Brgy 37, Binato Legazpi City
MEMORANDUM
FOR: Provincial Director Albay Police Provincial Office
Subject: Investigation report 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 that vehicular accident
transpired along Rizal St. Brgy. 19 cabangan, Legazpi city particular Pronting
Bengx Print And esquirel residents where is the first responding of the scene of
incident where SPO4 Alexander Escoto and PO1 Homer John Solano requested
to a traffic investigator on duty then upon receipt 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.
VI. Honda wave motorcycle without sidecar, bearing Plate no. 6373-EK, OR/CR
and drivers licensed are not presented driven by Gian Padilla of Ibalong Village
Brgy. 56 Taydan Legazpi city, with Back ride Jan Sta. Ana, resident of Brgy. 16
washington drive, Legaspi city, driver and back ride are both minor.
V2. Sunriser motorcycle color maron, without side car bearing plate no. 5740-IW
OR/CR is not yet presented driven by Librato Sarmiento Abad, Legal age
resident of Ilawod 2 Daraga Albay border LTO Non-professional Drivers Licensed
no.EO2-08-001923 valid until 8/29/2014 with back rider namely Martos Y.
Marqueses 48yo. a Brgy. kagawad both resident of Brgy. Cabiguan, Sorsogon.
Accordingly, both vehicles were traveling in opposite directions v1 coming from
Legazpi city downtown enroute to Daraga, Albay while v2 coming from Albay
District, Legaspi city heading towards downtown that upon reaching at
aforesaid place of incident both vehicles collided to each other wherein
collision took place in the lane v2 as a results, both vehicles full down and rested
thereat and incurred undetermined cost of damage due to impact and both
drivers and its back riders were immediately rush at BRTTH Hospital Legaspi city,
boarded on service truck of Bengx Print, thereafter, driver of v1 Gian Padilla was
transferred at Aquinas Hospital attended by Dr. Joselito Rustia further, back rider
of v1 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 Legaspi City and Brgy. Tanod Arnold
A. Apin manifested that v1 traversing in speed motion before incident. Scene
was process and documented through photograph and sketch by the
responding duty traffic investigator PO3 Abalos.
7. In the sworn statement of Jonie Malejana Y. Malto 23yo. Single Resident of P-2
Brgy. Cabiguan Pilar, Sorsogon one of the back ride of v2. 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, Albay at the
house of Roderick Milano, upon reaching at Brgy. 19 Cabangan city particularly
fronting Bengx Print he meet an accident. (Hereto attached sworn of statement
Jonie Maleja y Malto marked as annex "B")
8. In the conference to both involved parties in the traffic investigation section,
both parties agreed to enter into a compromised agreement wherein the
parent of the driver will assumed all the medical expenses of the victim until his
recuperation as demanded by the relative of the victim Danilo A. Arienda.
Likewise involved drivers were issued temporary operators permit (TOP) ticket
with number no. 138111513-2 for involved 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 voluntarily the professional driver
licensed. 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
temporarily operators permit (TOP) ticket marked as annex C)
9. On august 29, 3013 a cased was filed in the city prosecutors office to the
drivers/ respondent Erwin A. Agaofor “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 Senoras de Salvacion Funeral Parlor Bonot,
Legazpi city, further during confrontation with the family of the victim, refused to
conduct Autopsy Examination in the cadaver.
10. That on November 18 2013 this office furnished a request to the city
prosecutors office amending that the case of "Serious Physical Injury" through
Reckless Imprudence docketed under NPS no. V-02-INQ BG-00053 be indorsed
to "Homicide" through Reckless Imprudence. Further attached thereto the
supplemental Affidavit to the complaint (widow), Death Certificate/Clinical
Abstract of the victim (Santiago D. Bresola), Medico-Legal Certificate of the
suspect/driver (Billy Jo Marco) and the Blotter Certification (CPO B.E no.488
dated August 9, 2013)
IV. DISCUSSION/FINDINGS
11. In this instant case under investigation, the victim who was wearing 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 17meters and city street light 8.79 meters 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 meters that after the incident he did not help the
victim instead he ked his driven motorcycle away from the place of incident
wherein he was the cause of this particular incident. However, he could avoid
the said incident had he exercised care and prudence in this behalf.
V. CONCLUSION
12. After a careful perusal surrounding this particular incident, probable cause
exist that the herein suspect/driver back of foresight precaution and did not
exercise the proper degree of care to circumvent the impending incident,
hence the proximate cause of his negligence manner is the caused, therefore
he is criminally liable for homicide through Reckless imprudence.
VI. RECOMMENDATION
13. Wherefore in view of the foregoing, the undersigned respectfully
recommends that this be referred to office of the city Prosecutors Office for finsl
disposition.
PREPARED BY:
Garry B. Amaranto
Senior Police Officer 1 Officer-on-case
NOTED BY:
Domingo Buado Taper Jr.
Police Senior Inspector
Chief Investigator Section
APPROVED BY:
ROMMEL BLAZO DELA RAMA, MM, PESE
