Counter Affidavit

Republic of the Philippines Department of Justice Provincial Prosecution Office of Bohol City of Tagbilaran PI JOSEPH BERONDO Complainant, -versusLEMUEL CAHIG Respondent. x-----------------/ REPUBLIC OF THE PHILIPPINES) CITY OF TAGBILARAN ) S. S.

NPS No. VII-02-INV-10J-01612 For: RECKLESS IMPRUDENCE RESULTING IN MULTIPLE HOMICIDE

COUNTER- A F F I D A V I T I, LEMUEL M. CAHIG, the respondent in the above case, after having been sworn in accordance with law, hereby depose and say THAT: 1. On September 7, 2010, at about 8:00 am, I went to the residence of my friend, Ruel Quedang at Canmanico, Valencia, Bohol. The two of us were conversing in front of his house situated at the national highway. Thereafter, Junior (Diosdado T. Japos, Jr.) came by and asked me to accompany him to Dimiao, Bohol. Junior was my godfather and a friend. He was fond of me. He usually invited me to go with him wherever he went and when I was available. He told me that Dodong (Dominico J. Gamayot) would transport us to Dimiao; 2. Later, Dodong came driving a motorcycle and picked us up. The two of us backrided and I bade my friend Ruel goodbye. I was at the middle while Junior sat behind me as we headed to Dimiao. Dodong and I were not friends. He was a friend of Junior. I did not know what particular place in Dimiao we were going. I was just tagging along with them; 3. While we were at Tangohay National Highway, an old woman later on identified as Alejandra Libres, suddenly crossed the street unmindful whether there were vehicles passing by. When Alejandra crossed the street, we were about 1 and a half meter away from her. Dodong steered the motorcycle to the left side of the street (Valencia to Tagbilaran direction) in an effort to avoid hitting her but to no avail. Sensing an impact, I instinctively held on very tightly to Dodong. The accident happened swiftly. The motorcycle was in good condition and Dodong was not driving recklessly. He drove at a regular speed. Despite these facts, the accident happened due to the careless act of Alejandra. I believe all motorists placed in the same situation would likewise suffer the same fate; 4. After the collision, Dodong and I fell on the left side of the road pinned by the motorcycle. Dodong was unconscious. Junior was thrown away and landed in the middle of the street. I managed to get out of the predicament, grabbed the motorcycle’s handle bar and pushed it to the left side of the street where it was safe and left it on its sidestand. I checked on myself and realized I had injuries on my right arm and right leg. Then I carried Junior to the right side of the street where the unconscious woman was also lying. Junior at that time was still conscious; 5. At about five minutes after the incident, people started to mill around us. Noel Balistoy, a tricycle driver and my neighbor happened to pass by and stopped to see what was going on. I requested Noel to transport at least one of the two seriously injured victims to the hospital but the people around me protested. They did not want any of them to be moved

without the presence of the police authorities. I tried to insist the urgency for them to have medical attention but to no avail. Later, Junior was able to sit down. At that moment, I thought Junior was going to be okay. 6. Dazed and confused, I boarded the tricycle and went home. In the afternoon, I went to Garcia-Hernandez, Bohol, where my mother is working to tell her what happened. Then we went to the Municipal Health Office of Garcia-Hernandez for medical consultation and treatment; 7. On September 8, 2010 at about 3 pm, my mother and I went to Dimiao Police Station to officially report exactly what happened during the accident. A Police Officer just listened to me. He did not enter my statement in the Police Blotter; 8. Although, I also sustained injuries, I did not file a claim against the driver, Dodong, for he was seriously injured and eventually died. Moreover, I personally witnessed the whole incident and I could not find fault in his driving. My injuries were minor compared to the other three who all died; 9. I am the lone survivor of the accident because I was safely cushioned by the driver and Junior. Dodong, who was in front, absorbed much of the impact causing him to be instantly unconscious. The sudden impact also caused Junior, who was at my back, to be immediately thrown away. Alejandra was also thrown to the right side of the street; 10. It was a known fact that Dodong was the registered owner of the motorcycle. Dodong was the driver. The family of Dodong knew all along that it was Dodong who was driving the motorcycle when he left home. Despite that knowledge, they conspired with the families of the other victims and falsely accused me for reckless driving. The family of Dodong is the one who took advantage of the situation, because all the other victims are dead. The reason the family of Dodong put the blame on me is because they would be facing problems brought about by the deaths caused by the motorcycle registered in his name and driven by him. To evade that problem and to shamelessly ask for indemnity, they insisted that I was the driver. I am deeply saddened about their unfair actuations, especially the family of Junior. We were close friends before this tragedy occurred. Had I been the driver, I could have been dead by now and not only sustained minor injuries. I am only 21 years old and still jobless. Until the present, I am still in college and my parents paid for my education. I do not have money to pay anyone. I understand their pain of losing a loved one but their pain should not have been improperly utilized to accuse me. I did not cause their deaths. When the accident happened, the lives of the three of us were equally placed in danger. We were not wearing helmets as our protective covering. Yet with Divine intervention and luck, I was able to survive; 11. My friend, Ruel Quedang saw Junior and I backrided on Dodong’s motorcycle. But Ruel is working in Cagayan de Oro He is not available to make a testimony. He will willingly testify when he comes back. I never insisted that I would be the one to drive the motorcycle for Dodong was not my friend and he would not entrust his motorcycle to me; 12. The testimony of Melvin Gorra, the balut vendor was highly incredible. I did not know him. I never encountered him before. I didn’t buy baluts. He was not an eyewitness at the point of impact. He testified that upon his arrival, he saw one of the backriders sitting at the shoulder of the road. Junior Japos was able to sit down only about 10 minutes after I carried him to the right side of the street. Also, Alejandra was not lying in the middle of the street for she was thrown at the right side of the street. Yet he testified that he found Alejandra on the middle of the street and with the help of another, they placed Alejandra at the shoulder of the highway;

13. The testimony of Herbert Japos was likewise fabricated. He seemed to be busy in the delivery of his choco balls and peanut butter yet he was very conscious on the motorists passing by especially Lemuel. Although Lemuel was in the middle and Junior was at the back, he was able to see the two of them but failed to recognize the driver and owner of the motorcycle. He made Lemuel the driver of the motorcycle even if he was just a backrider; 14. The testimony of Luisita Japos, Benigno Gamayot and Evangeline were all hearsay for they had no personal knowledge about the accident; 15. I am executing this affidavit to attest to the truth of the foregoing statements and for whatever legal purpose that this may serve. IN WITNESS WHEREOF, I have hereunto set my hand this _________________, at Tagbilaran City, Bohol, Philippines.he

LEMUEL M. CAHIG Affiant SUBSCRIBED AND SWORN to before me this ________________, at Tagbilaran City, Bohol, Philippines with Driver’s License No. G03-03-000864 issued on March 15, 2010 at LTOTagbilaran and I hereby certify that I have examined the herein affiant and I am fully convinced and satisfied that he voluntarily executed the affidavit in his own free will and volition and that he understood all the contents of the same.