REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Malolos, Bulacan
COMPLAINT-AFFIDAVIT
(For: Frustrated Homicide under Art. 6 in relation to Art. 249, RPC;
Abandonment of Victim under Art. 275[2], RPC; and Civil Liability)
I, MARC KRISTIAN SIMON y HABABAG, Filipino, male, forty-two
(42) years old, born 7 June 1982, and residing at Cityland North
Residences Tower, Lanutan Street, Project 7, Quezon City, after
having been duly sworn, depose and state that:
I.
FACTS
1. I am a duly licensed driver with LTO Driver’s License No.
D12-11-006282 and valid until 07 June 2032, a photocopy
thereof is hereto attached as Annex “A”.
2. At about 6:45 p.m. of 6 April 2025, I was riding a black
Harley-Davidson motorcycle, plate 754Q0V, southbound
along Km. 24 + 800 of the North Luzon Expressway (NLEX),
within the boundary of Brgy. Bunducan, Bocaue, Bulacan. I
was following my fellow rider Leody Aguilar Asensi in a
standard staggered formation for motorcycles riding in a
pack.
3. A vehicle ahead of Leody then stopped forcing him to apply
his brakes but he fell with his bike. Seeing this, I looked at
my right mirror and signalled right with the intent to transfer
lane.
4. However, instead of slowing down, a white Toyota Hilux
bearing plate number DCQ-5942 sideswept my right
handlebar causing me to fall from my bike. I was then
dragged underneath the vehicle for a few feet before the
driver deliberately drove over my body with both front and
rear tires as evinced by the Statement of Zhiyong Cai and
the video given by a concerned netizen recorded in a USB
hereto attached as Annexes “B” and “C”.
5. The driver did not stop and fled southbound, switching off his
tail-lights apparently to avoid identification as evinced by the
video posted online by a another concerned netizen
recorded in a USB hereto attached as Annex “D”. A
screenshot of said video depicting the rear or tail lights
deliberately turned off is attached as Annex “D-1”.
6. As a result of the incident, I sustained massive, grave and
life-threatening injuries that require surgical procedure, as
evinced by the Clinical Abstract issued by the Bocaue
Specialists Medical Center, Medico-Legal Report and CT
Scan Section, Radiology Services Department issued by the
UERM Memorial Medical Center, photocopies of which are
hereto attached as Annexes “E” to “G-2”.
7. To treat my injuries, I incurred medical expenses as evinced
by the Summary of Fees issued by the Bocaue Specialists
Medical Center and the latest Statement of Account
Summary issued by UERM Memorial Medical Center;
photocopies of which are hereto attached as Annexes “H” to
“I-1” then running in the amount of P180,000.00. The final
total amount of my medical expenses is yet to be
determined but will drastically increase after my surgery
and due to additional expenses until my full recovery.
8. Estimated damages to the Harley Davidson motorcycle is
P75,000.00; as evinced by the photographs of the damaged
motorcycle hereto attached as Annexes “J” to “J-9” .
9. Records from the Land Transportation Office LTO confirmed
that the white Toyota Hilux bearing plate number DCQ-5942
is registered to a certain AZER CID GRANADO y YANGO of
B2-L7 Gate 9 Filinvest South, Tubigan, Biñan, Laguna; a
photocopy of the LTO record is hereto attached as Annex
“K”. Mr. Granado claims to have sold the vehicle to a certain
JAMES BRYAN ELECHOSA y SAYSON of Pearl Residences,
East Drive, Apitong, Marikina City, as evinced by a
photocopy of a Deed of Sale hereto attached as Annex “L”.
However, no such sale and transfer from Mr. Granado to Mr.
Elechosa was registered with the LTO.
10. Several days after the incident, a certain Atty. Edelyn
Anne Torres Garcia who claimed to be representing Mr.
Elechosa in relation to this incident appeared at the Bocaue
Police Station.
11. The NLEX Traffic Incident Report and Bocaue Police
Reports are hereto attached as Annexes “M” and “N”,
respectively. These reports document and corroborate the
vehicular incident that occurred on April 6, 2025, at around
6:45 PM, at KM 24+800 Southbound of the NLEX, within
Brgy. Bunducan, Bocaue, Bulacan.
12. The initial Police Blotter Entry No. 2025-04-553 (Annex
“M”), dated April 6, 2025 at 10:30 PM, prepared by PCpl
Aries P. Tobias, Duty Investigator, affirms that I, Marc Kristian
Simon, was riding a Harley-Davidson motorcycle with plate
number 754Q0V when a white Toyota Hilux (V2) sideswiped
my handlebar, causing me to crash. The report notes that I
was dragged and run over by the left front and rear tires of
the pickup truck (V2), and that the driver fled southbound
without stopping, while I sustained serious injuries and was
rushed to the Bocaue Specialist Hospital.
13. Moreover, the follow-up Police Blotter Entry No. 2025-
04-0613 (Annex “N”), dated April 16, 2025 at 9:24 AM,
records the results of a subsequent investigation. The
suspect vehicle (plate number DCQ-5942) was verified with
the LTO Bocaue Branch as registered to Azer Cid Granado y
Yango, but was allegedly sold to James Bryan Elechosa
through a Deed of Sale dated April 10, 2025. The report
further confirms, based on CCTV footage reviewed at NLEX
Corporation on April 10, 2025, that I was ejected from my
motorcycle and run over by V2, which did not stop and
instead sped away southbound.
14. Both reports confirm the essential elements of hit-and-
run, deliberate evasion, and abandonment of the victim, and
are consistent with my narration of events.
II.
LEGAL DISCUSSION
A. Frustrated Homicide
[Link] legal counsel advised me that Article 249, RPC punishes
homicide, and Article 6, paragraph 2, defines a felony as
frustrated when all acts of execution are performed which
would produce the felony as a consequence, but which do
not result in death due to causes independent of the
offender’s will.
15. For a charge of frustrated homicide to prosper, four
requisites must concur:
a. the presence of intent to kill;
b. acts executed by the offender that are inherently fatal;
c. survival of the victim due to external or independent
causes; and
d. the completion of all acts of execution.
14. In applying these elements to the case at bar, counsel
pointed out that the deliberate act of accelerating the
vehicle while I was underneath despite having already struck
me - demonstrates a clear intent to kill.
15. The engine was audibly revved, and the vehicle surged
forward, crushing me me not once but twice with both the
front and rear tires.
16. These were NOT the acts and behavior of a driver
caught in a state of panic or confusion, rather, they
are the calculated movements of a person resolved to
end another’s life.
17. The Supreme Court has held that “the crimes
committed in these cases are not merely criminal
negligence, the killing being intentional and not
accidental.” In Yapyuco v. Sandiganbayan (G.R. Nos.
120744–46, June 25, 2012), the Court ruled that “a
deliberate intent to do an unlawful act is essentially
inconsistent with the idea of reckless imprudence.”
18. Further, in said case, the Highest Tribunal emphasized
that “there can be no frustrated homicide through
reckless negligence inasmuch as reckless negligence
implies lack of intent to kill, and without intent to kill
the crime of frustrated homicide cannot exist.”
19. These doctrinal statements squarely apply here. The
act of revving and surging over a felled human being is not
an accident nor mere negligence - it is deliberate and
criminal.
20. The driver did not stop and did not exit the vehicle to
check on me. He made no effort to call for aid. Instead, he
doubled down on his conduct and crushed me under his
vehicle.
21. Counsel further pointed out that the act of running
someone over with both the front and rear tires of a full-
sized pickup truck constitutes an inherently fatal act,
satisfying the second element. The massive and severe
injuries I sustained can best be described as “grave, life-
threatening blunt-force trauma,” which, under ordinary
circumstances, would have resulted in death.
22. I survived only due to the immediate help and
intervention of commuters and the rapid response of
emergency medical personnel. The cause of non-
consummation was entirely independent of the offender’s
will, thereby fulfilling the third element.
23. Lastly, my counsel advised that the completion of all
acts of execution was evident. The driver had already
performed every act that could reasonably be expected to
result in death. That I survived was not due to his restraint
but to divine providence and medical intervention.
[Link] these reasons, and under the clear guidance of
jurisprudence, my counsel concluded that respondent is
liable for Frustrated Homicide under Article 6 in relation to
Article 249 of the Revised Penal Code (RPC).
B. Abandonment of Victim / Hit-and-Run
[Link] 275 (2), RPC and Section 55 of R.A. 4136 criminalize
the refusal to aid an injured person when one can do so
without danger. I lay helpless on lane 02, yet the driver,
perfectly able to help, fled and even extinguished his lights
to avoid identification.
[Link] jurisprudence, such flight is prima facie evidence of
guilt; hence, the driver likewise violated Article 275 (2) of the
RPC and Section 55 of R.A. 4136.
C. Civil Liability ex delicto
27. Article 100, RPC automatically couples civil liability with
criminal liability, while Articles 2176 and 2180 of the Civil
Code impose responsibility for quasi-delict and damage
caused by things under one’s control.
[Link] driver must therefore be held liable for my actual
expenses, lost earnings, moral anguish, and exemplary
damages to deter similar callousness on our roads.
D. Plea for Justice
29. I respectfully submit that highways must not become
arenas where steel snuffs out life with impunity.
Prosecuting the respondent to the fullest extent of law will
affirm that human life outranks vehicular convenience and
will warn all motorists that flight and indifference are
intolerable.
PRAYER
WHEREFORE, premises considered, I respectfully pray that this
Honorable Office:
a. Docket this Complaint-Affidavit;
b. Subpoena both the registered owner AZER CID GRANADO
y YANGO and the alleged transferee JAMES BRYAN
ELECHOSA y SAYSON;
c. Find probable cause and file Informations for Frustrated
Homicide and Abandonment of Victim / Hit-and-Run; and
d. Award civil damages commensurate with the injuries,
losses, and trauma I have incurred and endured.
Other reliefs just and equitable are likewise prayed for.
Respectfully submitted.
Malolos, Bulacan. 21 April 2025.
MARC KRISTIAN H. SIMON
Complainant
Affiant Driver’s Lic. No. D12-11-006282 (valid until 7 June 2032)
SUBSCRIBED AND SWORN to before me this ___ day of
April 2025 at ____________________, affiant exhibited to me the
foregoing driver’s license as competent proof of identity.
NOTARY PUBLIC
Doc. No. ____
Page No. ____
Book No. ____
Series of 2025.
