REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL REGION
BRANCH __
Quezon City

DAVAO SECURITY AND INVESTIGATION

AGENCY, INC., and BENEDICK FAJARDO,
Plaintiff,

-versus- CIVIL CASE No. _________

FOR: COLLECTION OF SUM
OF MONEY

SULPICIO ONG JAO,

Defendant.
X----------------------X

COMPLAINT

COMES NOW, Plaintiff Davao Security and Investigation Agency, Inc.

(“DASIA” for brevity) and Benedick Fajardo (“Fajardo” for brevity), through
the undersigned counsel, and unto this HONORABLE COURT most
respectfully avers that:

1. Plaintiff DASIAis a domestic corporation duly organized under

Philippines laws with principal business address at Escandor Bldg., corner
Juan Luna and Damaso Suazo Streets, Davao City, where it may be served
with summons and other legal processes of this HonourableCourt;

2. Plaintiff Benedick Fajardo is a Filipino, of legal age,

single/married, and residing at _______________, where he may be served
with summons, papers, and other process of this Honourable Court;

3. Defendant Suplicio Ong Jao (“Defendant Jao” for brevity) is a

Filipino, of legal age, single/married, and residing at No. 149 Katipunan
Avenue,St. Ignatius Village,Quezon City, where he may be served with
summons, papers, and other process of this Honourable Court;

4. Plaintiff Fajardo is an employee of DASIA and was last assigned

as a driver. He was driving a motorcycle vehicle registered under the name
of DASIA Security Agency with plate number N03-13-018161.Copies of the
Certificate of Registration and Official Receipt of Defendant’s vehicle are
hereto attached and marked as ANNEX “A” and “B” respectively and
hereof made integral parts;

5. Defendant Jao, is a registered owner of a Hyundai Santa Fewith

plate number AAN-9435. Copies of the Certificate of Registration and Official
Receipt of Defendant’s vehicle are hereto attached and marked as ANNEX
“C” and “D” respectively and hereof made integral parts;

6. This is for Collection of Sum of Money based on the failure to

settle the obligation for the payment of damages for the vehicular collision
which happened between Defendant Jao and Plaintiff Fajardo;

7. On 13 October 2017, at around 11:32am, Plaintiff Fajardo,

together with his passenger Stephen Baguhin, was carefully driving the

motorcycle from _____ to _____ when the Hyundai Santa Fe driven by

Defendant Jao coming from _____, negligently and recklessly drove into and

collided with the motorcycle being driven by Plaintiff Fajardo. Copies of the

photos and incident reports of the afore-stated collision is hereto attached

and marked as ANNEX “E”;

8. As a direct result of the impact, the said motorcycle sustained

damage and will require substantial repair. Moreover, Plaintiff Fajardo and

his passenger Stephen Baguhin sustained injuries andwas brought to Quirino

Memorial Medical Center for medical treatment. Copy of the actual hospital

billings are hereto attached and marked as ANNEX “F”;

 9. On October 13, 2017, the same day that the mishap transpired,
an Agreement was entered between Col. Eligio Balao, Jr., DASIA NCR Branch
Manager, and Defendant Jao that clearly indicates that the insurance of the
Defendant will shoulder the hospital expenses and motorcycle damages, as
well as the injuries incurred to Palintiff Fajardo’s his passenger. Furthermore,
Defendant Jao stated that he will shoulder a portion of Mr. Fajardo’s salary
under sick leave for 26days in the amount of THIRTEEN THOUSAND THREE
HUNDRED TWELVE PESOS (P13, 312.00). Copy of the said Agreement
attached and marked hereto as ANNEX “G”;

10. Out of the obligations indicated, only the portion of Mr. Fajardo’s
salary under sick leave for 26days amounting P13, 312.00 was paid by
herein Defendant;

11. On 21 November 2017, the first written demand by Col. Eligio

Balao, Jr. was delivered and was received by the Defendant. However,
Plaintiff DASIA received no reply from Defendant Jao. Copy of the first
demand is attached and marked hereto as ANNEX “H”;

12. On December 7, 2017, Plaintiff DASIA, through the undersigned,

sent its final written demand to Defendant. Still, Defendant Jao did not heed
to the said demand. Copy of the final written demand is attached and
marked hereto as ANNEX “I”;

13. Plaintiff DASIA waited for any response from Defendant Jao to
settle the obligation but to its dismay, all the demands remained unheeded;

14. Considering the character of the Defendant Jao’s negligence,

together with his malicious refusal to pay the actual damages and repairs
and Plaintiff Fajardo’s experience of mental anguish and anxiety because of
the inciodent, Defendant should be held liable for moral damages in the
amount of ____________.
 PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that judgment be rendered in favour of the Plaintiffs and
against the Defendant and ordering the Defendant to pay to the Plaintiffs as
follows:

1. Actual Damages in the amount of ______; and

2. Moral damages in the amount of _______;

Plaintiff further prays for such reliefs and remedies just and consistent
with the premises.

RESPECTFULLY SUBMITTED.

22 January 2018, Davao City, Philippines.

ATTY. NATHALIE B. QUIÑONES

Counsel for the Plaintiffs
 VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES)

CITY OF DAVAO ) SS.
X---------------------------------------------------------X
I, NATHALIE B. QUIÑONES , of legal age, Filipino, single, and a
resident of Davao City, Philippines, after having been sworn to in accordance
with law, depose and say, that:

1. I am the authorized representative for herein Respondent DASIA

to prepare and file this Complaint;

2. I have caused the preparations and filing of the foregoing Complaint

for the Plaintiffs;

3. I have read and understood the contents hereof, which are true and
correct my own knowledge and the records in progression;

4. I hereby CERTIFY that we have not commended any other action or

proceeding involving the same issue in the Supreme Court or Court of
Appeals or any court of agency, and that to the best of my knowledge
no such action or proceeding is pending in such courts or other
tribunal or agency, and should I learn of any such pending action, I
undertake to promptly report such fact within five (5) days therefrom.

IN WITNESS WHEREOF, we have hereunto set my hand this __th

day of January 2018 at Davao City, Philippines.

______________________
Affiant
__________

SUBSCRIBED AND SWORN to before me this _th day of January 2017

At Davao City, Philippines, affiant exhibited to me his ID No. above
indicated.

Doc. No. _____ ;

Page No. _____ ;
Book No. _____ ;
Series of 2018.
Copy furnished:

SULPICIO ONG JAO

Defendant
No. 149 Katipunan Avenue,
St. Ignatius Village, Quezon City

Filing and Service was made on _____________ through personal

service.

ATTY. NATHALIE B. QUIÑONES