Republic of the Philippines REGIONAL TRIAL COURT 11th Judicial Branch Branch __ Davao City DAVAO RABBIT BUS

LINE, INC. Plaintiff, -versus AMADOR BULAN, ROLANDO SUIZO and FIRST INTEGRATED BONDING AND INSURANCE COMPANY, INC., Defendants. x---------------------------------------x Civil Case No. __________ FOR: Damages and Attorneys Fees

COMPLAINT
COMES NOW, Plaintiff Davao Rabbit Bus Line, Inc. and the undersigned counsel unto this Honorable Court most respectfully files this Complaint by averring THAT: THE PARTIES 1. Plaintiff Davao Rabbit Bus Line, Inc. is a corporation duly organized under the laws of the Philippines engaged in the business of transportation with principal place of business at Ma-a, Davao City, Philippines and hereinafter represented by its General Manager, Mr. Deodato Arellano. (See attached Secretarys Certificate as Annex A). 2. Plaintiff may be served with summons and other court processes to its legal counsel at Padlan Ontal Rizada and Taguibao Law Offices at Pryce Tower, J.P. Laurel Avenue, Davao City, Philippines. 3. Defendant Amador Bulan, Filipino, of legal age, married and a resident of 123 Jacinto Street, Davao City, Philippines, is the owner and operator of KB Hino Cargo Truck with plate number ___. Defendant Bulan may be served with summons and other court processes in the said address.
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4. Defendant Rolando Suizo, Filipino, of legal age, married and a resident of Guerrero Street, Davao City, Philippines, is an employee of defendant Bulan and the driver of the KB Hino Cargo Truck owned by the latter. Defendant Suizo may be served with summons and other court processes in the said address. 5. Defendant First Integrated Bonding and Insurance Company, Inc. is a corporation duly organized under the laws of the Philippines engaged in insurance business with principal place of business at Bajada Building, J.P. Laurel Avenue, Davao City. Defendant FIBICI may be served with summons and other court processes in the said address. CAUSE OF ACTION 6. On October 26, 2012, at about 6:40 in the morning, while Passenger Bus No. 1357 with plate number 246 owned and operated by plaintiff was navigating along MacArthur Highway, Matina, Davao City. 7. Nearing the intersection of Sandawa Road, a speeding KB Hino Cargo Truck from Sandawa Road, driven by Rolando Suizo and owned and operated by Amador Bulan, swiftly swerved to enter the MacArthur Highway lane, thereby hitting the passenger bus. (See attached Police Report and Traffic Accident Report as Annex B and B-1) 8. The utter disregard of traffic rules and regulations and the reckless driving of Suizo caused the unfortunate accident. 9. Because of the great impact, the passenger bus was severely damaged, and its driver and some passengers were consequently injured. 10. Further, it became necessary to engage the services of mechanics and bus body works specialists to repair and restore the passenger bus condition in order to be roadworthy again. 11. Plaintiff incurred a total of One Hundred Thousand Pesos (PHp100,000.00) for the repair of the passenger bus. (See attached various receipts as Annex C to C-_) (You may insert table enumerating the receipt number, date, particulars, amountwhich should total to 100k)

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12. Consequently, plaintiff also incurred loss of earnings from the suspension of the passenger bus while being repaired, amounting to Fifty Thousand Pesos (Php50,000.00). (See attached computation as Annex _) 13. On December 10, 2012, plaintiff, through counsel, sent a demand letter addressed to defendant Bulan for the reimbursement of the expenses incurred for the repair of the bus. (See attached demand letter as Annex _) 14. On January 5, 2013, plaintiff, through counsel, once again sent a demand letter to defendant Bulan for the payment of the expenses of the repair of the bus. (See attached demand letter as Annex _). However, the defendant Bulan disregarded and continued to disregard the said demand and refused payment. 15. On January 20, 2013, plaintiff, through counsel, sent a demand letter addressed to defendant Bulans insurance company, First Integrated Bonding and Insurance Company, Inc. (See attached demand letter as Annex _). 16. However, in a letter dated January 25, 2013, defendant insurance company denied plaintiffs claim against defendant Bulans insurance. (See attached letter as Annex _). 17. With defendant Bulans continued refusal to pay, along with defendant insurance companys denial of plaintiffs claim, plaintiff is constrained to refer the matter to the courts and engage the services of legal counsels to protect its right and to prevent further damage on its part, plaintiff also seeks the payment of attorneys fees amounting to Twenty Thousand Pesos (Php20,000.00). PRAYER WHEREFORE, PREMISES CONSIDERED, plaintiff, through the undersigned counsel most respectfully prays of this Honorable Court, after due hearing, to adjudge defendants Amador Bulan, Rolando Suizo and First Integrated Bonding and Insurance Company, Inc., jointly and severally, to pay the plaintiff the following: a. One Hundred Thousand Pesos (Php100,000.00) as actual damages representing the cost and expenses for the repair of the bus; b. Fifty Thousand Pesos (Php50,000.00) for loss of earning and income;
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c. Fifty Thousand Pesos (Php50,000.00) for temperate damages; d. Fifty Thousand Pesos (Php50,000.00) for exemplary damages; and e. Twenty Thousand Pesos (Php20,000.00) for attorneys fees.

RESPECTFULLY SUBMITTED this February 18, 2013 at Davao City, Philippines.

DAVAO RABBIT BUS LINE, INC. Represented by

MELCHORA AQUINO General Manager

Assisted by

PADLAN ONTAL RIZADA and TAGUIBAO LAW OFFICES Pryce Tower, J.P. Laurel Avenue, Davao City, Philippines. e-mail: portlawoffices@gmail.com telephone number: 082-296-1234

By

GLAIZA MAY PADLAN PTR No. 123456; 01-02-13;D.C. IBP Life Member Roll 12345 MCLE Compliance No. III-123456; 01-10-2012 Issued at Pasig City
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BENEDICT ONTAL PTR No. 123456; 01-02-13;D.C. IBP Life Member Roll 12346 MCLE Compliance No. III-123457; 01-10-2012 Issued at Pasig City

RESCI ANGELLI RIZADA PTR No. 123456; 01-02-13;D.C. IBP Life Member Roll 12347 MCLE Compliance No. III-123458; 01-10-2012 Issued at Pasig City

ANGIELI KIM TAGUIBAO PTR No. 123456; 01-02-13;D.C. IBP Life Member Roll 12348 MCLE Compliance No. III-123459; 01-10-2012 Issued at Pasig City

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JURAT and CERTIFICATION I, MELCHORA AQUINO, after having been sworn to in accordance with law hereby depose and say THAT: 1. I am the authorized representative of the plaintiff;

2. I have caused the preparation and filing of the foregoing complaint, that I have read the allegations therein, and that they are true and correct of my own personal knowledge and belief and based on authentic documents; 3. Other than the foregoing complaint, I have not commenced any other action or proceeding involving the same issue before the Supreme Court or Court of Appeals or any divisions thereof or before any tribunal or agency and that, to the best of my knowledge, there is no such action or proceeding pending before any tribunal; 4. If other than the foregoing complaint, I should learn that a similar action or proceeding has been filed or is pending in any tribunal, I will notify this Honorable Court of the same within five (5) days from such notice

IN WITNESS WHEREOF, I have hereunto set my hand this February 18, 2013 at Davao City, Philippines.

SUBSCRIBED AND SWORN TO before me a Notary Public, for and in the City of Davao, the affiant, Melchora Aquino exhibited to me her current and unexpired drivers license numbered L02-123456 valid until May 1, 2015, bearing her photograph and signature as competent proof of her identity.

Doc No.: 50 Page No.10 Book No.II Series of 2013.

ANGIELI KIM TAGUIBAO

Notary Public for Davao City Notarial Commission No. 123-2012 PTR No. 123456; 01-02-13;D.C. IBP Life Member Roll 12348 MCLE Compliance No. III-123459; 0110-2012 Issued at Pasig City

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