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Republic of the Philippines

REGIONAL TRIAL COURT


First Judicial Region
Branch ___
Baguio City
ELLA L. NAGER and
ISHANI LANGANDA,
Plaintiffs,
CIVIL CASE NO. 145564
For: DAMAGES BASED
QUASI-DELICT

-versus-

ON

KEN D. LANDI
ABC360 FOODS, INC.,
Defendants
x-----------------------------------x
COMPLAINT FOR DAMAGES
Plaintiffs thru counsel, and unto this Honorable Court, respectfully
manifest:
1. That plaintiff Ella L. Nager is of age, married, and resides at No. 75
Camp 7, Baguio City; while plaintiff Ishani Langanda is also of age,
married, and resides at No. 45 Bakakeng Sur, Baguio City;
2. That defendant ABC360 Foods, Inc. is a corporation duly organized
under Philippine law, engaged in the business of manufacturing food
products with principal office at the Puso ng Baguio Building, Session
Road, Baguio City; while the other defendant Ken D. Landi is the driver
of the corporations delivery panel or truck, and both may be served
with summons at said Puso ng Baguio Building.
3. That for cause of action against the defendants, it is hereby stated that
on or about December 14, 2013, at about eight oclock in the morning,
while driver Ken D. Landi was operating the companys delivery panel
or truck, bearing plate number ACY 247 along Bonifacio Road, within
the territorial jurisdiction of Baguio City, he so negligently and
recklessly operated it at a fast speed in disregard of traffic conditions
then existing that he causes it to bump with terrific force against a
Honda Civic model 2010 bearing plate number ILY 143 in which
plaintiffs were in;
4. That because of the terrific impact, the said Honda Civic was greatly
damaged, not only in the rear portion but also in its front or radiator

portion, having been pushed several meters forward against other


vehicles in front due to said terrific impact;
5. That because of this negligence of driver Ken D. Landi, an employee of
defendant ABC360 Foods, Inc., the plaintiffs were thrown off balance,
causing them, especially plaintiff Ella L. Nager to bump her head and
face against the front windshield of the case she was in, and causing
contusions and bruises on her face, left earlobe, and leg, as well as in
other parts of her body;
6. That by reason thereof, the plaintiff Ella L. Nager suffered not only
physical injuries for which she was medically treated but also mental
anguish, serious anxiety, and moral shock;
7. That plaintiff Ella L. Nager had suffered actual damages for X-rays and
medical attendance, etc., in the sum of SEVENTY THOUSAND PESOS
(P70,000.00) and moral damages in the sum of FIFTY THOUSAND
PESOS (P50,000.00);
8. That plaintiff Ishani Langanda suffered physical injuries which did not
require medical attendance. However, the Honda Civic owned and
driven by her was badly damaged and will require substantial repairs
estimated to be at THREE HUNDRED THOUSAND PESOS
(P3000,000.00);
9. That plaintiff Ishani Langanda, by reason of having been deprived of
the use of her own car during the period of repairs, estimated to be a
month, will be forced to take a taxi going to and from her office in
Legarda Road, Baguio City at the rate of not less than ONE HUNDRED
FIFTY PESOS (P150.00) a day, or an estimated FOUR THOUSAND FIVE
HUNDRED PESOS (P4,500.00) for the duration of the repair;
10.
That plaintiff Ishani Langanda, by reason of having been
deprived of the use of her private car, is missing important business
contracts which will cause her loss of profits to the extent of not less
than ONE HUNDRED THOUSAND PESOS (P100,000.00) for the duration
of the repairs;
11.
That prior to the filing of this complaint, the plaintiffs through
counsel, had written to defendant ABC360 Foods, Inc. that as employee
of the defendant driver, it is its legal duty to make good at least the
actual damages suffered by the plaintiffs, but said employer ignored
plaintiffs request for an extrajudicial settlement, such that the
plaintiffs were compelled to go to court for redress of their grievances;
12.
That in being compelled to litigate, plaintiffs were obliged to hire
the services of a lawyer who is entitled to attorneys fees in the
amount of FIFTY THOUSAND PESOS (P50,000.00);
WHEREFORE, IN VIEW OF THE FOREGOING, plaintiffs through counsel pray
this Honorable Court, after due hearing, to adjudge defendants ABC360
Foods, Inc., and Ken D. Landi, jointly and severally, to pay the following:
a. To Ella L. Nager:

1. Actual
damages
of
SEVENTY
THOUSAND
PESOS
(P70,000.00);
2. Moral damages of FIFTY THOUSAND PESOS (P50,000.00);
3. Attorneys Fees of FIFTY THOUSAND PESOS (P50,000.00).
b. To Ishani Langanda:
1. Actual damages of THREE HUNDRED THOUSAND PESOS
(P300,000.00)
2. Loss of profits of ONE HUNDRED THOUSAND PESOS
(P100,000.00);
3. Attorneys Fees of FIFTY THOUSAND PESOS (P50,000.00).
or total damages for both plaintiffs in the sum of SIX HUNDRED TWENTY
THOUSAND PESOS (P620,000.00), with legal interest from the date of filing
this suit, plus costs of suit, and such other remedies as may be just and
equitable in the premises.
All other just and equitable reliefs are also prayed for.
Baguio City, Philippines, this 8th of day September, 2014.
MC RHONDOLF LOUIE V. MABALOT
Counsel For Petitioners
No. 143 Brgy. New Lucban, Baguio City
IBP Lifetime No.2080203; Baguio City
PTR No. 2080203; July 14, 2014, Baguio City
Roll of Attorney No. 2080203
MCLE Compliance No. 1111111

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING


We, ELLA L. NAGER AND ISHANI LANGANDA, both of legal age, do hereby state
that: we are the plaintiffs in the complaint entitled COMPLAINT FOR DAMAGES BASED ON
QUASI-DELICT and in such capacity, caused this complaint to be prepared; we have read its
contents and affirm that they are true and correct to the best of our own personal knowledge; we
hereby certify that there is no other case commenced or pending before any court involving the
same parties and the same issue and that, should we learn of such a case, we shall notify the
court within five (5) days from our notice.

IN WITNESS WHEREOF, we have signed this instrument on September 8, 2014.

ELLA L. NAGER

ISHANI LANGANDA

SUBSCRIBED AND SWORN TO before me in the City of Baguio on this 8 th day of


September 2014, affiants exhibiting before me their identification:
Ella Nager

SSS No. 123456

Issued on July 21, 2014, Baguio City

Ishani Langanda

GSIS No. 654321

Issued on April 4, 2013, Baguio City

ALEXIS JANET J. VALDEZ


NOTARY PUBLIC
Commission Expires on December 31, 2014
IBP Lifetime No.2080070; Baguio City
PTR No. 2080070; April 14, 2014, Baguio City
Roll of Attorney No. 2080070
MCLE Compliance No. 2222222

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