Republic of the Philippines

REGIONAL TRIAL COURT

1st Judicial Region
Branch ___, La Union

FILEMON
AVISO
FILEMONA AVISO.

and
Plaintiffs,

-versus
Civil Case No. _____________
FOR:

Damages based on
breach of contract of
carriage
and
Quasidelict.

PAOLO OLOLO, NORTHERN

BUS LINE COMPANY, JUAN
ABLOG and TARLAC BUS
COMPANY,
Defendants.
x--------------------------------------x

COMPLAINT

PLAINTIFFS, by and through the undersigned counsel and

unto this Honorable Court most respectfully alleges that:

GENERAL ALLEGATIONS

I.
Plaintiffs Filemon and Filemona Aviso are spouses, both
Filipino, of legal age and residents of 108 Ilacanos Sur, San
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Complaint

Fernando City, La Union, Philippines. Plaintiffs may be served with

summons and other court processes through the undersigned
counsel and/or law firm at the address indicated below.
II.
Defendant Northern Bus Line Company is a domestic
corporation duly organized under the laws of the Philippines engaged
in the business of transportation with principal place of business at
640 Catbangen, San Fernando City, La Union, Philippines, where it
may be served with summons and other court processes.
III.
Defendant Paolo Ololo, Filipino, of legal age, married and a
resident of 960-1 Lingsat, San Fernando City, La Union, Philippines,
is the driver of Northern Bus Line with plate number LFL 538.
Defendant Ololo may be served with summons and other court
processes in the said address.

IV.
Defendant Tarlac Bus Company is a domestic corporation duly
organized under the laws of the Philippines engaged in business of
transportation with principal place of business at 204 Balicanaway,
Tarlac City, Philippines, where it may be served with summons and
other court processes.

V.
Defendant Juan Ablog, Filipino, of legal age, married and a
resident of 210 Aguso, Tarlac City, Philippines, is the driver of the
defendants Tarlac Bus. Defendant Ablog may be served with
summons and other court processes in the said address.

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Complaint

VI.
On June 26, 2016, at about 6:40 in the morning, Plaintiff
Filemon Aviso boarded the Passenger Bus No. 1357 with plate
number 246 owned and operated by defendant Northern Bus Line
Company which was navigating along MacArthur Highway, Sison,
Pangasinan.
VII.
Nearing the intersection of Santa Rosa-Tarlac Road, a
speeding Passenger Bus No. 3345 from Poblacion Central Road,
driven by Juan Ablog which is owned and operated by Tarlac Bus
Company, swiftly swerved to enter the MacArthur Highway lane,
thereby colliding with the Northern Passenger bus.
VIII.
Because of the great impact, the passengers of the Northern
Passenger Bus were thrown off balance, causing them, especially
plaintiff Filemon Aviso to bump his head and face against the front
windshield of the case he was in, and causing contusions and bruises
on his face, left earlobe, and leg, as well as in other parts of her body.
IX.
By the reason thereof, plaintiff Filemon Aviso was hospitalized
for thirty (30) days in District Hospital in Urdaneta, Pangasinan,
where he was treated for his physical injuries, incurring a
hospitalization and medical expenses amounting in the sum of four
hundred thousand pesos (P 400, 000.00).
FIRST CAUSE OF ACTION
X.
Defendant Northern Bus Line Company is liable to breach of
contract of carriage.
XI.
When the plaintiff Filemon Aviso boarded the passenger bus of
defendant Northern Bus, there existed a contract of carriage between
defendant Northern Bus, as the owner and operator of the Northern
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Complaint

Passenger bus, and plaintiff Filemon Aviso, as the passenger of said

passenger bus. As a common carrier, defendant Northern Bus is
bound to carry plaintiff Filemon Aviso safely as far as human care and
foresight can provide, using the utmost diligence of very cautious
persons, with due regard for all the circumstances. This, the
defendants Northern Bus and Paolo Ololo failed to do so.
XII.
Obviously, plaintiff Filemon Aviso was not able to reach his
destination safely as he suffered physical injuries during the course of
the travel. In a contract of carriage, it is presumed that the common
carrier is at fault or is negligent when a passenger dies or is injured.

SECOND CAUSE OF ACTION

XIII.
Apart from any contract, Juan Ablog and Tarlac Bus Company
are also liable for tort or quasi-delict.
XIV.
Defendant Tarlac Bus Company is liable for quasi-delict
because they are the employer of defendant Juan Ablog. Likewise,
defendant Tarlac Bus is the owner and operator of Tarlac passenger
bus wherein the negligent acts were committed. Defendant Tarlac
Bus failed to prevent the damage, injury and unnecessary expenses
suffered by plaintiff Filemon Aviso through the fault or the negligence
of its employee driver defendant Ablog.

XV.
Defendant Juan Ablog as drivers of the Tarlac passengers bus
are liable for quasi-delict because as a driver they have the duty to
exercise required degree of care, skill and diligence in transporting
their passengers safely to its destination.
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Complaint

XVI.
In contravention of these duties, however, defendants Juan
Ablog exhibited lack of skill and diligence in driving his respective
passenger bus. Herein defendant was evidently guilty of gross
negligence. Such lack of skill and want of care and gross negligence
directly caused serious injuries to the plaintiff Filemon Aviso and
resulted in substantial expenses on his part.
ALLEGATIONS COMMON TO BOTH CAUSES OF ACTION
XVII.
Plaintiff Filemon Aviso caused the sending of separate letters to
all the defendants, asking them to communicate with plaintiffs
counsel for the purpose of settling the damage caused to the plaintiff
by reason of the fault or negligence on the part of the defendants
Juan Ablog and Tarlac Bus Company and the failure of the
defendants Northern Bus to and Paolo Ololo to exercise extraordinary
diligence in transporting its safely its passengers into their
destination.
XVIII.
However, instead of heeding the polite demands of plaintiff
Filemon Aviso, defendants Northern Bus and Tarlac Bus Company,
and defendants Paolo Ololo and Juan Ablog, simply ignored to
entertain plaintiffs just demands in a letter dated 19 July 2016. Thus,
the plaintiff seeks the assistance of this Honorable Court.

DAMAGES
XIX.
As a result of defendants breach of contract and/or negligence
constituting quasi-delict, they are liable to plaintiff Filemon Aviso for
damages.
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Complaint

XX.
Because of the incident, plaintiff has had to undergo monthly
check-ups thereby unnecessarily incurring expenses in the amount of
not less than PhP 300,000.00.
XXI.
Consequently, plaintiff Filemon Arviso incurred loss of earnings
because of the injuries suffered from the incident. Plaintiff Filemon is
a businessman and he had to stop working for three months thereby
losing potential income in the amount of atleast Fifty Thousand Pesos
(Php500,000.00), representing cancelled transactions and unrealized
profits.
XXII.
Plaintiff Filemon Aviso was compelled to file this case because
of defendants obstinate and unjustified refusal to take responsibility
for their actions. His polite demands were simply ignored. Thus,
plaintiff had no other recourse but to hire a lawyer and pursue legal
action. In the process, he will be spending for attorneys fees in the
amount of at least PhP 500,000.00 and other legal expenses in the
amount of at least PhP 100,000.00.
XXIII.
In addition to the physical injuries and pain, plaintiff Filemon
Arviso has also suffered and is still suffering mental anguish, severe
anxiety and psychological torture caused by the incident. He has
been suffering from sleepless nights and tormented by financial
expenses which could have been avoided, thereby entitling her to
moral damages in the amount of, at least, PhP 400,000.00.

PRAYER
WHEREFORE, PREMISES CONSIDERED, plaintiff, through
the undersigned counsel most respectfully prays of this Honorable
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Complaint

Court, after due hearing, to adjudge defendants Paolo Ololo, Juan

Ablog, Northern Line Bus Company and Tarlac Bus Company, jointly
and severally, to pay the plaintiff the following:

a.

Seven Hundred Thousand Pesos (Php 700,000.00) as

actual

or

compensatory

damages

representing

the

hospitalization and medical expenses of the plaintiff;

b.

Five Hundred Thousand Pesos (Php500,000.00) for loss

of earning and income;

c.

Four Hundred Thousand Pesos (Php 400, 000.00) for

moral damages;
d.

Five Hundred Thousand Pesos (PhP 500,000.00) for

attorneys fees and One Hundred Thousand Pesos (100,

000.00) for litigation expenses;
e.

Other just and equitable reliefs are, likewise, prayed for.

RESPECTFULLY SUBMITTED this 6 August 2016 at San

Fernando City, La Union, Philippines.

FILEMON ARVISO and FILEMONA ARVISO

Plaintiffs

Assisted by
HIDALGO ESTEPHA AND ASSOCIATES LAW OFFICES
319-A, 3rd floor, Diocesan Center, Gomez Street, San Fernando City,
La Union, Philippines.
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Complaint

e-mail: HEAlawoffices@gmail.com
telephone number: 082-296-1234

By

CLARIZ ANZEL PAULINE ALONZO

Roll No. 64338
PTR No. 123456; 01-02-13; D.C.
IBP Life Member Roll 445789
MCLE Compliance No. III-897656; 01-10-2012
Issued at San Fernando City, La Union, Philippines

EBRAHEEM I. ASLAHON
Roll No. 64337
PTR No. 249755; 01-03-13; D.C.
IBP Life Member Roll 890786
MCLE Compliance No. III-335512; 01-11-2012
Issued at San Fernando City, La Union, Philippines

RONA FE B. LAGASCA
Roll No. 64336
PTR No. 558899; 01-02-13;D.C.
IBP Life Member Roll 453778
MCLE Compliance No. III-986655; 01-09-2012
Issued at San Fernando City, La Union, Philippines

DINA B. UNANA
Roll No. 64335
PTR No. 224906; 01-02-13;D.C.
IBP Life Member Roll 341099
MCLE Compliance No. III-789980; 01-10-2012
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Complaint

Issued at San Fernando City, La Union, Philippines

JURAT and CERTIFICATION

I, FILEMON ARVISO, after having been sworn to in accordance
with law hereby depose and say THAT:
1.

I am the plaintiff in the above-entitled case;

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
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Complaint

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 6,

August 2016 at San Fernando City, La Union, Philippines.

SUBSCRIBED AND SWORN TO before me a Notary Public,

for and in the City of Davao, the affiant, Filemon Arviso 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 2016.

CINDY SORIANO
Notary Public for La Union
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 Manila City

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Complaint