Vous êtes sur la page 1sur 16

Republic of the Philippines

REGIONAL TRIAL COURT


11th Judicial Region
Branch 8
Davao City

DAVAO RABBIT BUS LINE, Civil Case No. 12345


INC.
Plaintiff, FOR: Damages and Attorneys
Fees
-versus

AMADOR BULAN, ROLANDO


SUIZO and FIRST
INTEGRATED BONDING AND
INSURANCE COMPANY,
INC.,
Defendants.
x---------------------------------------x

COMPLAINT
Plaintiff Davao Rabbit Bus Line, duly assisted by counsel and
unto this Honorable Court, most respectfully files this complaint and
ever THAT:

NATURE OF THIS CASE

This complaint seeks to recover actual, temperate and


exemplary damages, and attorneys fees.

THE PARTIES

1. Plaintiff DAVAO RABBIT BUS LINE,


INC.(PlaintiffDAVAO RABBIT BUS LINES for brevity) is a
corporation existing, duly organized and registered under the laws of
the Philippines, engaged in the business of transportation with
principal address at 2987 Diopita Street, Tibungco, Davao City,
represented in this instance by its President and General Manager
EDILBERTO CABILLES per authority of its Board of Directors as

Page 1 - Complaint
contained in a resolution passed for the purpose. (See attached
Secretarys Certificate as Annex A and A-1).

2. Plaintiff CORPORATION may be served with orders,


resolutions, summons and other processes to its legal counsel at
BATACAN CALLANTA CASAN & RUYERAS LAW FIRM, 7th Floor
Abreeza Corporate Center, J.P.Laurel Ave., Davao City, Philippines.

3. Defendant AMADOR BULAN (defendant BULAN for


brevity), Filipino, of legal age, married and residing at of 1097 Juan
Luna Street, Barangay 29-C, Davao City, is the owner and operator
of KB Hino Cargo Truck with plate number LFL 538, where he may
be served with summons and a copy of the complaint, orders,
resolutions and other processes and decisions of this Honorable
Court.

4. Defendant ROLANDO SUIZO(defendant SUIZO for


brevity), Filipino, of legal age, single and a resident of Guerrero
Street, Davao City, Philippines, where he may be served with
summons and other court processes.

5. Defendant FIRST INTEGRATED BONDING AND


INSURANCE COMPANY, INC. (defendant INSURANCE
COMPANY for brevity) is a corporation existing, duly organized and
registered under the laws of the Philippines, engaged in the business
of transportation with principal address at 234 Mahogany Street, Juna
Subdivision where it may be served with summons and a copy of the
complaint, orders, resolutions and other processes of this Honorable
Court.

6. Unless referred to specifically, the defendants shall be


collectively referred to as defendants. All parties have the capacity
to sue and be sued. Also, as the plaintiff is a corporation, this case
need not pass through barangay conciliation proceedings under R.A.
7160.

CAUSE OF ACTION

7. On October 26, 2016, at about 6:40 in the morning,


Passenger Bus No. 1357 with plate number 246 owned and operated
by plaintiff DAVAO RABBIT BUS LINESINC.was being driven along
MacArthur Highway, Matina, Davao City.

8. In that very same instant, a KB Hino Cargo Truck, driven


by ROLANDO SUIZOand owned and operated by AMADOR
BULAN, suddenly veered in the direction of the bus as it approached
the intersection of Sandawa Road to enter the MacArthur Highway
Page 2 - Complaint
lane. This resulted to a collision between the truck and the passenger
bus. (See attached Traffic Accident Report as Annex B)

9. The patent recklessness of the truck driver


defendantSUIZOcaused the accident.

10. As a result of the collision, the passenger bus was


immensely damaged, its driver and some passengers were
consequently injured and a truck helper was even killed.

11. Plaintiff DAVAO RABBIT BUS LINESINC. incurred a


total of Two Hundred Thousand Pesos (PHp200,000.00) for the
repair of the passenger bus. (See attached receipt as Annex C)

12. Consequently, plaintiffDAVAO RABBIT BUS LINESINC.


also incurred loss of earnings from the suspension of the passenger
bus while being repaired, amounting to One Hundred Thousand
Pesos (Php100,000.00).

13. On November 10, 2016, plaintiffDAVAO RABBIT BUS


LINESINC., through counsel, sent a demand letter addressed to
defendant BULANfor the reimbursement of the expenses incurred for
the repair of the bus. (See attached demand letter as Annex D)

14. On December 5, 2016, plaintiff DAVAO RABBIT BUS


LINESINC., through counsel, once again sent a demand letter to
defendant BULANfor the payment of the expenses of the repair of
the bus. (See attached demand letter as Annex E). However, the
defendant BULANrefused payment. He ratiocinated that the cause of
the collision was the negligence of the driver of the plaintiffs driver.

15. On December 17, 2016, plaintiffDAVAO RABBIT BUS


LINESINC., through counsel, sent a demand letter addressed to
defendant BULANSinsurance company, defendant FIRST
INTEGRATED BONDING AND INSURANCE COMPANY, INC. (See
attached demand letter as Annex F).

16. However, in a letter dated January 5, 2017, defendant


INSURANCE COMPANYdenied plaintiffDAVAO RABBIT BUS
LINESINCs claim against defendant BULANSinsurance. (See
attached letter as Annex G).

17. With defendant BULANSunrelenting refusal to comply


with his obligations, along with defendant INSURANCE
COMPANYSdenial of plaintiffDAVAO RABBIT BUS LINESINC.s
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 DAVAO RABBIT BUS
Page 3 - Complaint
LINESINC. also seeks the payment of attorneys fees amounting to
Forty Thousand Pesos (Php40,000.00).

18. In order to serve as an example to the general public and


to indemnify it for all other damages incurred, plaintiff DAVAO
RABBIT BUS LINESINC. also seeks for the payment of appropriate
exemplary and temperate damages as the court may deem proper.

PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most
respectfully prayed of this Honorable Court, after hearing and trial on
the merits, that judgment be rendered in favor of the plaintiff as
follows:

A. ORDERING the defendants, joint and solidary, to pay plaintiff


the following:

1. Two Hundred Thousand Pesos (Php200,000.00) as actual


damages representing the cost and expenses for the repair
of the bus;

2. One Hundred Thousand Pesos (Php100,000.00) for loss of


earnings and income;

3. One Hundred Thousand Pesos (Php100,000.00) for


temperate damages;

4. One Hundred Thousand Pesos (Php100,000.00) for


exemplary damages; and

5. Forty Thousand Pesos (Php40,000.00) for attorneys fees.

Plaintiff and counsel pray for such other relief consistent with
justice and equity under the premises.

RESPECTFULLY SUBMITTED this 3rd day of February 2017 at


Davao City, Philippines.

DAVAO RABBIT BUS LINE, INC.


Plaintiff

Page 4 - Complaint
Represented by:

EDILBERTO CABILLES
General Manager

Assisted by:

BATACAN CALLANTA CASAN & RUYERAS LAW FIRM


th
7 Floor Abreeza Corporate Center, .P Laurel Avenue, Davao City,
8000 Davao del Sur, Philippines
Telephone: 082 2982121 | 082 2982122 | 082 2982123
Fax: 082 2982121 | 082 2982122 | 082 2982123
E-mail: bccr@bccrlaw.com

By:

MARIA AYRA CELINA S. BATACAN


PTR No. 888608/01-7-17/Davao City
IBP Life Member Roll No. 022920
Roll of Attorneys No. 67890
MCLE Certificate of Compliance No. V-102292
Issued on April 12, 2015, Pasig City

ROBELEN-ANN G. CALLANTA
PTR No. 898651/01-25-17/Davao City
IBP Life Member Roll No. 023911
Roll of Attorneys No. 68991
MCLE Certificate of Compliance No. V-112211
Issued on April 28, 2015, Pasig City

JOHARI CASAN
PTR No. 01-14-17/Davao City
IBP Life Member Roll No. 023712
Roll of Attorneys No. 69963
MCLE Certificate of Compliance No. V-121685
Issued on May 5, 2015, Pasig City

Page 5 - Complaint
ALONA SUZELL RUYERAS
PTR No. 01-18-17/Davao City
IBP Life Member Roll No. 022954
Roll of Attorneys No. 67432
MCLE Certificate of Compliance No. V-124011
Issued on April 24, 2015, Pasig City

Page 6 - Complaint
REPUBLIC OF THE PHILIPPINES)
DAVAO CITY )S.S.
x---------------------------------------------x

VERIFICATION AND CERTIFICATION

I, EDILBERTO CABILLES, of legal age, single, Filipino and


with office address at2987 Diopita Street, Tibungco, Davao City,
Philippines, under oath depose and state that:

1. I am the duly authorized representative of DAVAO RABBIT


BUS LINE, INC., the plaintiff in this case;

2. In such capacity and for DAVAO RABBIT BUS LINE, INC., I


have caused the preparation and filing of the foregoing
Complaint. I hereby certify that I have read and know that
the contents thereof and the allegations therein are true and
correct based on my own knowledge and authentic records
in my possession;

3. I hereby certify that I, orDAVAO RABBIT BUS LINE, INC.,


have not commenced any action or filed any claim involving
the same issues against the same defendants in the
Supreme Court, Court of Appeals (or any of its divisions), or
in any other courts or tribunal, and that presently no such
other action or claim is pending therein;

4. If I should thereafter learn that a similar action or claim has


been filed or is pending, I undertake toreport that fact within
five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature


rd
this 3 day of February 2017 at Davao City, Philippines.

EDILBERTO CABILLES
Affiant

SUBSCRIBED AND SWORNto before me this 3rd day of


February 2017 at Davao City, affiant exhibiting to me a valid Drivers
License issued on November 8, 2014 and to expire on November 8,

Page 7 - Complaint
2017, at Davao City, Philippines bearing EdilbertoCabilles
photograph and signature as competent proof of identity.

MARIA AYRA CELINA S. BATACAN


Notary Public
Notarial Commission Serial No. 243-2017
Doc. No. 24 Commission Expires on December 31, 2017
Page No. 5 Roll of Attorneys No. 67890
Book No. 3 IBP Lifetime Member No: 022920
PTR No. 888608/05-7-16/Davao City
Series of 2017 Batacan CallantaCasan&Ruyeras Law Firm
7th Floor Abreeza Corporate Center
J.P. Laurel Ave., Davao City

Davao City,

MARIA
Philippines

NOTARY

AYRA
Roll No. 67890

PUBLIC

CELINA
S.
BATACA
N

Page 8 - Complaint
ANNEX A

REPUBLIC OF THE PHILIPPINES)


DAVAO CITY )S.S.
x---------------------------------------------x

SECRETARYS CERTIFICATE

I, MAX MONGOL, of legal age, Filipino, married and a resident of 13


Diamond St. Ladislawa Village, Bacaca, Davao City, upon my oath depose and
state, THAT I am the Corporate Secretary of DAVAO RABBIT BUS LINE, INC.,
a corporate entity created and existing under Philippine laws with principal
address at 2987 Diopita Street, Tibungco, Davao City, Philippines. At a special
meeting of the Board of Directors of the said corporation, the following Resolution
was unanimously approved, to wit:

RESOLVED, as it is hereby resolved, that DAVAO RABBIT


BUS LINE, INC. be represented byEDILBERTO CABILLESin the
case entitled DAVAO RABBIT BUS LINE, INC. vs. Amador
Bulanand Rolando Suizo (for damages) pending before
Regional Trial Court, 11th Judicial Region, Branch 8 and
docketed as Civil Case No. ________, with authority to sign the
Verification, Certification and Non-forum Shopping, and such
other pleadings as may be filed.

RESOLVED FURTHER, that during the pendency of the above-


entitled case, the Corporation be represented by him, or ATTY.
MARIA AYRA CELINA S. BATACAN, or ANY OTHER LAWYER
OF THE BATACAN CALLANTA CASAN & RUYERAS LAW
FIRM, at any stage of the proceeding of the said case,
including but not limited to, the pre-trial, mediation
proceedings, judicial dispute resolution proceedings, appeals
and/or petitioners to the higher courts, if necessary, with
authority to admit or stipulate facts, offer settlement or
compromise, execute and deliver documents, sign and execute
any settlement or compromise or document, and to perform
any and all acts necessary and required, or impliedly included,
for the accomplishment and performance of the powers herein
abovementioned for and in the name of the corporation.

IN TESTIMONY THEREOF, I have hereunto affixed my signature this 15th


day of January 2017 at Davao City, Philippines.

MAX MONGOL
Corporate Secretary

Page 9 - Complaint
SUBSCRIBED AND SWORN TObefore me this 15th day of January 2017
at Davao City, Philippines. The affiant presented to me his valid Drivers License
with No. 12341341 issued on June 21, 2016 and to expire on June 25, 2019
bearing his photo and signature as competent proof of his identity.

WITNESS MY HAND AND SEAL.

MARIA AYRA CELINA S. BATACAN


Notary Public
Notarial Commission Serial No. 243-2017
Doc. No. 15 Commission Expires on December 31, 2017
Page No. 3 Roll of Attorneys No. 67890
Book No. 3 IBP Lifetime Member No: 022920
PTR No. 888608/05-7-16/Davao City
Series of 2017 Batacan CallantaCasan&Ruyeras Law Firm
7th Floor Abreeza Corporate Center
J.P. Laurel Ave., Davao City

Davao City,

MARIAPhilippines

NOTARY

AYRARoll No. 67890

PUBLIC

CELINA
S.
BATACA
N

Page 10 - Complaint
ANNEX B
Traffic Accident Report

c/o Johari

Page 11 - Complaint
ANNEX C
Receipt

OFFICIAL RECEIPT

ABC Repair Shop

Customer Name: Davao Rabbit Bus Lines

Date: October 31, 2016

Description:

REPAIR OF BUS

Total Amount: P200,000

Page 12 - Complaint
ANNEX D
November 10 Demand Letter

DAVAO RABBIT BUS LINES, INC

November 10, 2016

To: Mr. Amador Bulan

Matina, Davao City

RE: INITIAL DEMAND LETTER TO MR. AMADOR BULAN

Sir,

We write in behalf of our client Davao Rabbit Bus lines.

In line with the collision that occurred last October 26, 2016 which resulted to our Bus No. 1357 with
plate no. 246 to be severely damaged, we would like to demand for the reimbursement of repair
expenses amounting to P200,000. Attached herewith is the Traffic Accident Report which proves that
the driver of your truck was reckless in handling your vehicle which resulted to the unfortunate
accident. Moreover, the receipt for the repair of the said bus is also attached in this letter.

Please comply with your legal obligations. Failure to do so would compel us to take the necessary
actions to assert our claim.

Sincerely yours,

J.D. Cruz
Atty. Juan Dela Cruz

Cousel for Davao Rabbit Bus Lines

Matina, Davao City

Page 13 - Complaint
ANNEX E
December 5 Demand Letter

DAVAO RABBIT BUS LINES, INC

December 5, 2016

To: Mr. Amador Bulan

Matina, Davao City

RE: FINAL DEMAND LETTER TO MR. AMADOR BULAN

Sir,

We write in behalf of our client Davao Rabbit Bus lines.

We would like to follow-up our demand which we first made through a letter sent last November 10,
2016 as to our demand for the reimbursement of repair expenses amounting to P200,000.

Attached herewith is a copy of our November 10 demand letter and its pertinent attachments for
your reference.

Once again, we implore that you comply with your legal obligations. Failure to do so would compel
us to take the necessary actions to assert our claim.

Sincerely yours,

J.D. Cruz
Atty. Juan Dela Cruz

Cousel for Davao Rabbit Bus Lines

Matina, Davao City

Page 14 - Complaint
ANNEX F
Letter to Insurance Company

DAVAO RABBIT BUS LINES, INC

December 17, 2016

To: First Integrated Bonding Insurance Company

AMS Compound, Davao City

RE: DEMAND LETTER TO FIRST INTEGRATED BONDING INSURANCE CO.

To whom it may concern:

We write in behalf of our client Davao Rabbit Bus lines.

In line with the collision that occurred last October 26, 2016 between our bus and the truck owned
by one Amador Bulan which resulted to our Bus No. 1357 with plate no. 246 to be severely damaged,
we would like to demand for the reimbursement of repair expenses amounting to P200,000.

Attached herewith is the Traffic Accident Report and the receipt for the repair of the said bus for
your reference.

Hoping for your prompt response as to our claim.

Sincerely yours,

J.D. Cruz
Atty. Juan Dela Cruz

Cousel for Davao Rabbit Bus Lines

Matina, Davao City

Page 15 - Complaint
ANNEX G
Denial Letter of Insurance Company

FIRST INTEGRATED BONDING INSURANCE CO.

January 5, 2017

To: Rabbit Bus Lines


Matina, Davao City

To whom it may concern:


We regret to inform you that we cannot grant your request for reimbursement as provided for
in your letter dated December 17, 2016 because one of the condition-precedent to qualify for
the insurance proceeds which is submission of a Report of the Latest Inspection for the month of
the accident was not submitted together with your request. The same should have been
submitted within fifteen (15) days from the letter request.
May we request you to be more compliant to our conditions next time.
Sincerely yours,

Deegong Du30
Atty. DeegongDooterte
Cousel for First Integrated Bonding Insurance Company
AMS Compound, Davao City

Page 16 - Complaint