REPUBLIC OF THE PHILIPPINES

Regional Trial Court

Branch 33
Mandaue City

MS. A,
Plaintiff,
CIVIL CASE NO. CEB - 123456
FOR: RECOVERY OF DAMAGES

-versus-

MR. B and Mr. C,

Defendant.

x---------------------------------/

COMPLAINT

Plaintiff, Ms. A, through the undersigned counsel and unto this

Honorable Court respectfully alleges that:

PARTIES TO THE CASE

1. Mr. A, herein plaintiff, is a thirty-four (34) year old

Filipino citizen, and a resident of Cabancalan, Mandaue
City, Cebu, Philippines;

2. Likewise, MR. B, herein defendant, is of legal age, a

Filipino citizen and a resident of Consolacion, Cebu,
Philippines;

3. Plaintiff includes in this complaint the defendants

employer, Mr. C, who is the registered owner of the
company truck driven by Mr. B during the night of the
incident;
 STATEMENT OF FACTS AND CAUSES OF
ACTION

4. Sometime on May 14, 2017 at around 8:00 in the

evening, the plaintiff was driving in her Maroon Toyota
Corolla along MC Briones St., Mandaue City on her way
to Cabancalan when she noticed something wrong with
her vehicle. She decided to pull over beneath a lamp
post to check her tires. As it was raining, she hurriedly
opened her trunk to check for a flashlight and some
tools;

5. Plaintiff was standing behind her car when an L300

delivery truck driven by defendant, Mr. B and registered
under the name of Mr. C, suddenly bumped her,
throwing her to the side of the road;

6. The plaintiff incurred severe injuries in her thighs and

shoulders and was rushed to UC Medical Center after the
incident. The rear side of the plaintiffs car was gravely
damaged, destroying the opened trunk;

7. Plaintiff states that while she was standing behind her

car, she heard a speeding vehicle behind her and not
long after, she was thrown to the side of the road,
which was an unfurnished pavement. The affidavit of
the plaintiff is attached as Annex A;

8. Rushing to the scene of the incident was Mr. D of the

Traffic Enforcement and Management (TEAM) of
Mandaue City who was stationed at the area. The full
incident report as prepared by Mr. D is attached as
Annex B and a copy of the affidavit of Mr. D is
attached as Annex C;

9. Plaintiff had to undergo twenty five (25) days of

observation and both her arms and thighs have been put
in cast after incurring fractures from being thrown over
to the sidewalk. At this time, the plaintiff has to
undergo physical therapy for her injuries in order for her
 to return to work in perfect condition. An affidavit of
her physical therapist is attached as Annex D;

10. Per the statements of the people who were

present in the area, the driver of the truck, Mr. B, was
speeding despite the fact that it was raining hard that
night. It was because of such negligent act and his
failure to observe due diligence while driving;

11. Even assuming that at the specific time of the

incident the rain has stopped and that it was only
drizzling, it does not negate the fact that the driver was
not observing the speeding limit and other
considerations of the road (i.e. slippery roads) after a
heavy rain;

12. That because of the negligence of Mr. B, the

driver, the plaintiff suffered not only physical injuries
for which he was medically treated but also mental
anguish, fright, serious anxiety and moral shock;

13. Now, plaintiff comes before this Court and files for
a case for the recovery for damages, including actual
damages for the continuing thigh/leg injury incurred by
the plaintiff, medical bills and other related costs of the
treatment. Included in the damages is the lost work
time and income of the plaintiff for the duration of the
physical treatment;

14. The total amount paid for by the plaintiff

amounted to Php. 176,000.00 for the hospital bills
during her confinement, Php. 35,000.00 for physical
therapy and other medical bills and medications at Php.
52,000.00 and lost income for at least three (3) months
computed at Php. 135,000.00;

15. That the plaintiff, by reason having been deprived

of the use of the car during the period of the repairs,
estimated to be two (2) months will be forced to take a
taxi going to and fro from his office at a rate of not less
than 400.00 a day , or an estimated actual damage Php.
24,000.00. moreover, the Maroon Toyota Corolla owned
 by the plaintiff was badly damaged and will require
substantial repairs estimated to be Php. 50,000.00;

16. That prior to this filing of this complaint, the

plaintiffs through the counsel, had written to defendant
Mr. C, who is the registered owner of the company truck
driven by Mr. B, it is the legal obligation under the law
to make good at least the actual damages suffered by
the plaintiff, but said employer ignored plaintiffs
request for an extrajudicial settlement, such that the
plaintiff was compelled to go to court for redress of his
grievances;

17. Consequently, plaintiff was constrained to engage

the services of counsel with obligation of paying
Attorneys Fees in the amount equivalent to at least
twenty percent (20%) of the total amount to be awarded
as the costs of the suit;

RELIEFS PRAYED FOR

IN THE LIGHT OF THE FOREGOING, it is most respectfully

prayed of the Honorable Court to render judgment in favor of the
plaintiff and against the defendant in the following manner, to wit:

1. Ordering the DEFENDANTS to, jointly and severally, pay

for damages in the amount of Php. 472,000.00 as actual
damages;

2. Ordering the DEFENDANTS to pay the costs of suit and

attorneys fees;

3. Ordering the DEFENDANTS to pay MORAL DAMAGES for

the unnecessary anxiety, mental anguish and continued
pain and suffering of the plaintiff from the time of the
accident until this day;
 4. Ordering the DEFENDANT to pay to PLAINTIFF the sum of
Php. 20, 000.00 by way of exemplary damages in order
to deter any person from emulating the same iniquitous
act exhibited by herein defendant;

Plaintiff prays for such other relief or remedy consistent with

law and equity.

Mandaue City, Philippines, June 16, 2017.

KARL PAGATPAT
Counsel for the Plaintiff
Roll of Attorneys No. xxxxxx
XYZ Towers, Cebu City 6000, Cebu, Philippines
IBP No. xxxxx, 02-01-2017, Cebu City
PTR No. xxxxxx, 02-01-2017
MCLE V No. xxxxxxxxx, 02-01-2017, Cebu City

KRISTINE JOY PADIN ARGALLON

Counsel for the Plaintiff
Roll of Attorneys No. xxxxxx
XYZ Towers, Cebu City 6000, Cebu, Philippines
IBP No. xxxxx, 02-01-2017, Cebu City
PTR No. xxxxxx, 02-01-2017
MCLE V No. xxxxxxxxx, 02-01-2017, Cebu City
 VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

I, Mr. A, plaintiff in this case, of legal age, a Filipino citizen

with the residence at Cabancalan, Mandaue City, Cebu, after being
sworn in accordance with law, hereby depose and say:

1. That I am the plaintiff in the above-entitled case;

2. That I have caused the above complaint to be prepared and

have read and known the contents thereof;

3. That the allegations therein are true of my own knowledge.

4. That I have not heretofore commenced any other action or

proceeding involving the same issues in the Supreme Court,
the Court of Appeals, or any other tribunal agency of
hearing officer; to the best of my knowledge no such action
or proceeding is pending in the Supreme Court, the Court
of Appeals, or any other tribunal, agency or hearing
officer;

5. That should I thereafter learn that a similar action or

proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or any other tribunal, agency
or hearing officer, I undertake to report that fact within
five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand and

affixed my signature 16th day of June 2017 at Cebu City, Philippines.
 Mr. A
Plaintiff-Affiant
Passport Number: ED9724403
Valid until: September 15, 2018
Issued in Cebu City

REPUBLIC OF THE PHILIPPINES)

CEBU CITY )SS.

SUBSCRIBED AND SWORN TO BEFORE ME, this 16th day of June,

2017 at Cebu City, Philippines. Affiant exhibited to me his valid and
competent Identification Card: Passport Number ED9724403, Valid
until September 15, 2018 issued in Cebu City.

Doc. No. ______

Page No. ______
Book No. ______
Series of 2017
COPY FURNISHED:

MARY STEPHANIE BONTUYAN

ALEXANDRA NICOLE BARING
Counsels for the Defendant
ADDRESS
Cebu City

By Registered Mail
Registry Receipt No. 00-739264
Date: 03-28-17

EXPLANATION OF SERVICE
(Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil
Procedure)

Service copy of this pleading upon adverse counsel was made

through registered mail due to the distance lack of personnel to
serve the same document personally to the defendants office.

KARL PAGATPAT

KRISTINE JOY ARGALLON