Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Pasay City, Branch 110
Kristeta C. Aquino,
Plaintiff,
-versus-

Civil Case No.: 10-30-Y93

Aaron Chan
Defendant.
x--------------------------x
PLAINTIFFS MEMORANDUM
Plaintiff, by counsel, respectfully submits its memorandum in the case:
The Case
Plaintiff Kristeta C. Aquino [Mrs. Aquino] filed this action for recovery a sum of money
for actual damages against defendant Aaron Chan [Mr. Chan], claiming that the Court needed to
ascertain the rights of the parties under a quasi-delict obligation. In its complaint, Mrs. Aquino
claimed that the act of the defendant was with fault or negligence that caused the injury to her
son thus obliging the defendant to pay for the actual damages done and attorneys fees
The Facts
At the trial, Mrs. Aquino gave her version of the events. Mrs. Aquino together with her
son, Brian C. Aquino, went to watch a UAAP volleyball game of Brians university at the Mall
of Asia Arena in Pasay City on the afternoon of March 15, 2014. Mrs. Aquino claimed that was a
very tense game for the fans. At the end of the game, their side won the match and the people
around us started jumping up and down. Mrs. Aquino also noticed that it was very frantic and
then someone knocked over her son, causing him to fracture his arm. She referred that someone
to be Mr. Chan and was recognized by Brian since they go to the same university (Transcript of
Stenographic Notes, September 25, 2014, p.1). Brian was seated to the right of her mother and
the defendant was seated at the right of Brian and about 3 feet away from the plaintiff (id., p 4).
The plaintiff called the attention of the defendant and said Watch it! and the defendant replied
You watch it! (id., p 4).
The plaintiff claimed that her son was in pain and tightly holding his wrist and forearm.
(Transcript of Stenographic Notes, September 25, 2014, p.1). After a series of examination and
tests conducted by Dr. Joan dela Cruz of Makati Medical to Brian, he was diagnosed with a
hairline fracture on his left forearm and was put in a cast for 5 weeks and the medical expenses
cost 25,000 pesos (id., p2) and was proofed by hospital receipts (id., p3; Exhs. A to C).
The Issues
The court defined the issues on this case as follows:
1. Whether or not the defendant may be held liable injury caused to the Plaintiffs son
under Article 2176 of the NCC, the general provision on quasi-delicts.
2. Whether or not either party is entitled to damages and attorneys fees.
Arguments

I.
IT WAS SOLELY THE ACT DONE BY THE DEFENDANT, THERE BEING FAULT
OR NEGLIGENCE CAUSED THE INJURY SUSTAINED BY THE PLAINTIFFS SON
Mrs. Aquino claims that Mr. Aaron Chan is bound by Article 2176 of the NCC, the
general provision on quasi-delicts, since the act of the defendant solely caused the injury
sustained by her son, Brian Aquino, thereby being fault or negligence, is obliged to pay for the
damage done.
Mrs. Aquino and her son in an orderly, peacefully and humane manner was watching the
volleyball game of Brians university at the Mall of Asia Arena in Pasay City on the afternoon of
March 15, 2014. Given that the environment possessed a high spirit and ecstatic emotion of the
fans which is never a justification for the defendant in this case to solely and being the proximate
cause of the injury sustained by Mr. Brian Aquino, a hairline fracture on his left forearm, was put
in cast for 5 weeks and causing the plaintiff to spend 25,000 pesos for all the medical procedures
that was caused by the act of the defendant with evident fault and negligence.
II.
MRS. AQUINO IS ENTITLED TO DAMAGES
For having caused of this suit to filed, Mr. Aaron Chan should be held liable to Mrs.
Aquino for actual damages and attorneys fees.
WHEREFORE, plaintiff Mrs. Aquino respectfully prays the Court to render judgment:
1. Grant the petition and
2. Ordering the defendant to pay plaintiff actual damages of 25,000 pesos and attorneys
fees of 20,000 pesos plus appearance fee for counsel at 2,000 pesos per hearing.
[Explanation: A copy of this memorandum has been served on the adverse party by
registered mail in view of the distance and the absence of a messenger who could make a
personal service.]
Concepcion, Tarlac for Pasay City, February 27, 2015.

ATTY. JOHN CALVIN CANLAS SARDIA

Counsel for the Plaintiff
G05

Copy furnished:
Atty. Hannah Llamas
697 Taft Avenue
City of Manila

Republic of the Philippines

REGIONAL TRIAL COURT
National Capital Judicial Region
Pasay City, Branch 110
Kristeta C. Aquino,
Plaintiff,
-versus-

Civil Case No.: 10-30-Y93

Aaron Chan
Defendant.
x--------------------------x
DEFENDANTS MEMORANDUM
Defendant, by counsel, respectfully submits its memorandum in the case:
The Case
Plaintiff Kristeta C. Aquino [Mrs. Aquino] filed this action for recovery a sum of money
for actual damages against defendant Aaron Chan [Mr. Chan], claiming that the Court needed to
ascertain the rights of the plaintiff under a quasi-delict obligation. In its complaint, Mrs. Aquino
claimed that the act of the defendant was thru the fault or negligence that caused the injury to her
son [Brian] thus obliging the defendant to pay for the actual damages done and attorneys fees. In
its answer, Mr. Chan claimed that he did not bump Brian and should be awarded with moral and
exemplary damages and attorneys fees.
The Facts
At the trial, Mr. Chan gave her version of the events. Mr. Chan together with his friends
went to watch a UAAP volleyball game at the Mall of Asia Arena in Pasay City on the afternoon
of March 15, 2014. After the game, as the defendant and his friends where celebrating, Mrs.
Aquino is shouting to the defendant to be careful as she was helping her son stand up (Transcript
of Stenographic Notes, January 6, 2015, p.1). The plaintiff testified that someone knocked over
her son, who was then referred to Mr. Chan (Transcript of Stenographic Notes, September 25,
2014, p.1). After the shouting incident, they left. The defendant also testified that as the game
ended and their team won, they could say that they were happy, ecstatic and celebrating by
jumping up and down but did not dump Brian who was seated beside the defendant (Transcript
of Stenographic Notes, January 6, 2015, p.1).
The Issues
The court defined the issues on this case as follows:
1. Whether or not the defendant may be held liable injury caused to the Plaintiffs son
under Article 2176 of the NCC, the general provision on quasi-delicts.
2. Whether or not either party is entitled to damages and attorneys fees.
Arguments
I.
THE INJURY SUSTAINED BY THE PLAINTIFFS SON IS SOLELY AND
EXCLUSIVELY CAUSED BY HIS OWN FAULT OR NEGLIGENCE.

First: Given that both parties categorically and/or explicitly noticed and/or experienced
that the environment at that time at the Mall of Asia Arena was as been described as happy and
ecstatic with movements of jumping up and down facing with friends (defendant) and to that of
the plaintiff as very tense for the fans, people around them started jumping up and down and very
frantic. It cannot be overshadowed that the plaintiffs son is already blended with the high
energy and spirit in course of the high momentum of the just ended game which resulted to the
victory of their team. Thus, it can be hypothesize that the cause of the falling of the plaintiffs
son can be a result of his own excitement, overwhelming energy and high momentum given and
considering the environment at that time.
Second: The reason may be, why the plaintiff is categorically pointing out the defendant
to be the cause of the injury sustained by her son was because of the fact that Mr. Chan was
beside Brian, which does not necessary and readily to be the reason of the falling of Brian thus
resulted in the injury he sustained and also may be, to be reimbursed with the money that was
spent for his medical expenses.
II.
MR. AARON CHAN IS ENTITLED TO DAMAGES
For having instituted this baseless and malicious suit, Mrs. Aquino should be held liable
to Mr. Aaron Chan for moral and exemplary damages and attorneys fees.
WHEREFORE, defendant Mr. Aaron Chan respectfully prays the Court to render
judgment:
1. Dismissing the petition for lack of merit; and
2. Ordering the plaintiff Mrs. Kristeta C. Aquino to pay defendant moral and exemplary
damages of 20,000 pesos for suffering mental anguish, serious anxiety, wounded feelings,
sleepless nights, social humiliation and moral shock and attorneys fees of 20,000 pesos plus
appearance fee for counsel at 1,500 pesos per hearing
[Explanation: A copy of this memorandum has been served on the adverse party by
registered mail in view of the distance and the absence of a messenger who could make a
personal service.]
Concepcion, Tarlac for Pasay City, February 27, 2015.

ATTY. JOHN CALVIN CANLAS SARDIA

Counsel for the Plaintiff
G05

Copy furnished:
Atty. Adrian Santos
608 United Nations Avenue
City of Manila