Republic of the Philippines } In the City of Davao } S.S. x------------------x COUNTER-AFFIDAVIT I, RAYMOND M.

SAMARITA, of legal age, single and a resident of No. 69, Caete, Piapi Boulevard, Davao City, after hearing been sworn to in accordance with law do hereby depose and state that: 1. I am a public utility driver, with a Professional Drivers License number LO2-00-140883, with restriction code 1, 2, 3, to expire on July 26, 2008. A photocopy of my drivers license is hereto attached as Annex A; 2. I have been driving for a period of 25 years without being involved in any traffic vehicular accident; 3. On or about September 11, 2006, I was driving a public utility vehicle bearing plate no. LWN-357 operated by Sunrise Corporation, a company duly engaged in public transport under LTFRB Franchise No. 1234-356789; 4. While traversing Ramon Magsaysay street and approaching the intersection of Suazo street, I reduced speed and ultimately stopped at the intersection to give way to the vehicles from the right side of Suazo street to cross to the other side of the intersection; 5. After the intersection was cleared, I engaged the gear to first gear and proceeded traversing Ramon Magsaysay street; 6. A few meters from the intersection, I saw a children crossing sign at the right side of the road; 7. While on second gear and nearing the pedestrian crossing of Sta. Ana Elementary School, I shifted my signal light to the left in order to swerve to my vehicle to the left lane of the north-bound lane. Then I saw another vehicle, recklessly parked along the pedestrian lane; 8. A few meters away, I saw a group of children near a buko juice peddler on the right side of the road; 9. As I was approaching the pedestrian crossing, I blew my horn six (6) times to warn the children; 10. When I was already crossing the pedestrian lane, traveling at approximately 20 kilometers per hour (kph), I saw one of the children push another child into the pedestrian crossing directly within the path I was traversing; 11. Upon seeing what happened, I immediately and instinctively, applied the foot brake and hand brake to stop the vehicle and swerved to the left to avoid hitting the child; 12. Despite such defensive maneuver, the child was still hit by the right side mirror of the vehicle; 13. The girl fell down and immediately, the crowd surrounded her; 14. Upon seeing that the crowd was angry at me and that they were already shouting cruel invectives at me, I feared for my life and immediately left the scene even though I wanted to help the child

15. The entire incident was witnessed by a number of individuals namely: Ms. Jalika Mae Rosello, a passenger who was seated in front during the incident; Mr. Gene Carl Tupas, a traffic enforcer on duty at the said intersection. And Mr. Randolph Cadiogan, Jr., a buko juice peddler. Their separate affidavits are hereto attached as Annex B, Annex C and Annex D respectively; 16. Then I went to the Sta. Ana Police Station, which was the nearest police station from the place of the incident, and reported to the police what had happened. Said report was written down in the police blotter (Annex E). I immediately surrendered to them; 17. I am executing this affidavit to attest to the truth of the foregoing facts, to defend myself against the complaint filed against me by a certain Hannah Echavez of R.Castillo, Agdao, Davao City. IN WITNESS WHEREOF, I hereunto fix my signature this 18th day of September, in the City of Davao, Philippines. RAYMOND M. SAMARITA Affiant

SUBSCRIBED AND SWORN TO before me this 18th day of September, in the City of Davao, Philippines, and I hereby certify that I personally examined the Affiant and I am satisfied that he read and understood the contents of his Counter-Affidavit and that he voluntarily and freely executed the same.

ANNA LISA C. SU Prosecutor 1