Republic of the Philippines

Regional Trial Court

th
8 Judicial Region Branch VI
Tacloban City
Carmi Martyn,

representative for Coco Martyn

Plaintiff
-versus-

Civil Case No.

For: Damages

Dr. Vicente Sotto Law School and

Atty. Simon Bir, Atty. Richard Lab

Defendant

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COMPLAINT
COMES NOW, plaintiff, Carmi Martyn, by counsel, and unto this
Honorable Court, most respectfully avers that:
THE PARTIES
1.

Plaintiff is a Filipino, of legal age, single, and residing at

Sagkahan, ipil-ipil st., Tacloban City, where she may be served
with summons, papers and other process of this Honorable Court.

2.

Defendant Atty. Simon Bir is a Filipino, of legal age, married,

and residing at Purok 1 Ph4 V&G subd. Tacloban City, where he
may be served with summons, papers and other process of this
Honorable Court.

3.

Defendant Atty. Richard Lab is a Filipino, of legal age, married,

and residing at 312 Lumbang 2, Calanipawan, Tacloban City,
where he may be served with summons, papers and other process
of this Honorable Court.

4. Both parties have capacity to sue and be sued.

THE FACTS
5.

Plaintiff herein is the sister of Coco Martyn, the student of the

defendants in Dr. Vicente Sotto Law School.

6.

Defendants Atty. Bir and Atty. Lab were the teachers of the
plaintiff in Taxation I and Labor Law 2, respectively and Dr.
Vicente Sotto Law School was the school where Martyn was
enrolled in.

7.

Defendants were the teacher of plaintiffs brother in two

subjects which the latter failed to pass for several takes already.

8.

Coco Martyn asked from the defendants to give him grades in

order for him to finally graduate from the law school after nine (9)
long years.

9.

Defendants promised Martyn a passing grade of 3 and 2.75 for

taxation I and Labor Law 2, respectively. The Latter was with
Cardo, his classmate, when the defendants uttered such promise
to give the former a passing grade.

10. Due to the promised passing grade from the two teachers,
Martyn was elated that he will finally graduate in Law school.
11. Thinking that he will already get his diploma, Martyn went on a
drinking spree with all the students of the law school and spent
P55,000.00, the receipt herein exhibited as Annex A.
12. The former also planned to take the Bar exam immediately
after graduating, spent P150,000.00 as a rent for the condo unit
where he will stay for the 6-month review. He also paid
P60,000.00 for the review center. The proof of payment for the
two are herein exhibited as Annex B and Annex C,
respectively.
13. Martyns parents prepared a send-off party for him before
going to Manila for the review and spent P100,000.00 exhibited as
Annex D. The parents who were very proud, made a public
announcement about the forthcoming graduation of Coco Martyn.
14. When the deadline for submission of the grades came, herein
defendants each gave a failing grade of 5 to Martyn in Taxation I
and Labor law 2 subjects. The report of rating showing the grades
of Coco Martyn is herein exhibited as Annex E.

15. On May 30, 2015, scheduled day for the graduation, Coco
travelled from Manila to Tacloban to attend the same. He spent
approximately P85,000.00 for his tux and shoes for the
graduation. The receipt is exhibited herein as Annex F.
16. Martyns parents also prepared a surprise party for him. His
siblings who came from Makati have gone to Tacloban to attend
the graduation.
17. When one by one each students were called to the stage for
their diploma, Martyn noticed that his name was not in the list of
graduates. The Program of the graduation rites containing the list
of graduates is exhibited herein as Annex G
18. The defendants gave false hopes to Coco Martin in passing the
subjects without giving him prior conditions and requirements in
order to maintain such grades.
19. Where the New Civil Code of the Philippines, Art. 2176 in
relation to Art. 2180 provides that:
Art. 2176. Whoever by act or omission causes damage to
another, there being fault or negligence is obliged to pay for the
damage done. Such fault or negligence, if there is no pre-existing
contractual relation between the parties, is called a quasi-delict
and is governed by the provisions of this Chapter.
xxxx
Art. 2180. The obligation imposed by Art. 2176 is
demandable not only for ones own acts or omissions but also for
those of persons for whom one is responsible.
xxxx
Employers shall be liable for the damage caused by their
employees and household helpers acting within the scope of their
assigned tasks even though the former are not engaged in any
business or industry.
xxxx
The responsibility treated of in this article shall cease when
the persons herein mentioned prove that they observed all the
diligence of a good father of a family to prevent damage.
Hence, vicarious liability should be imputed to the employer,
Dr. Vicente Sotto Law School, for having failed to exercise
diligence of a good father of a family in supervising the conduct of
their employee-teachers.

20. The defendants were negligent in informing Coco Martyn prior

to graduation of their decision to give him a failing grade instead
of the passing grades they had promised.
21. Consequently, plaintiff felt embarrassed and frustrated on how
the things went about which caused him depression and which led
to his nervous breakdown. He underwent therapy sessions. But in
one fateful night, while everybody thought that he was already
starting to recover, plaintiff killed himself.
PRAYER
WHEREFORE, the above premises considered, it is respectfully
prayed of this Honorable Court after hearing on the merits, that:
a. Defendants be ordered to pay for damages for the money
spent for the review, condo unit, party, tux and shoes in
the amount of FIVE HUNDRED THROUSAND PESOS.
b. School and teacher defendants be ordered to pay moral
damages in the amount of FIVE HUNDRED THOUSAND
PESOS (Php 500,000.00);
c. Defendants be ordered to pay P300,000.00 for exemplary
damages;
d. Defendants be ordered to pay the costs of this suit.
e. Defendants be ordered to pay attorneys fees in an
amount equivalent to TWENTY FIVE PERCENT (25%) of
the total amount to be adjudged in favor of plaintiffs;
Other reliefs just and equitable under the premises are likewise
prayed for.

CarmiMartyn
CARMI MARTYN

Plaintiff

VERIFICATION AND CERTIFICATION AGAINST FORUMSHOPPING

I Carmi Martyn, Filipino, of legal age, married and a resident
of Sagkahan, ipil-ipil st., Tacloban City, after having been duly sworn
to in accordance with law depose and say, THAT:
That I am the Plaintiff in the above-entitled case; That I have
caused the preparation of the above Complaint and I have read the
same and knows the contents thereof; That the allegations contained
therein are true and correct of my own personal knowledge.
IN WITNESS WHEREOF, I have hereunto set my hand this 29th
day of February, 2016 at Tacloban City, Philippines.
SUBSCRIBED AND SWORN to before me this 29th day of
February, 2016, by Carmi Martyn, who exhibited to me her Voters ID
No. 12345 issued at Tacloban City, Philippines on May 12, 2009.
WITNESS MY HAND AND SEAL.

CarmiMartyn
Carmi Martyn

Affiant

Manuela Kilton
ATTY. MANUELA M. KILTON
NOTARY PUBLIC
Until December 31, 2016
PTR No. 050183/Baguio City/01-11-16
Roll of Atty. No. 8121983
IBP Lifetime Membership No. 9031984
Tacloban City

Doc. No. 25
Page No. 1
Book No. 5
Series of 2016.

Annex A

Annex B

Annex C

Annex D

Annex E

Annex F

Annex G