Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch ___
Baguio City

ELLA L. NAGER and

ISHANI LANGANDA,
Plaintiffs,

CIVIL CASE NO. 145564

-versus- For: DAMAGES BASED ON QUASI-
DELICT

KEN D. LANDI
ABC360 FOODS, INC.,
Defendants
x-----------------------------------x

COMPLAINT FOR DAMAGES

Plaintiffs thru counsel, and unto this Honorable Court, respectfully manifest:

1. That plaintiff Ella L. Nager is of age, married, and resides at No. 75 Camp 7, Baguio City;
while plaintiff Ishani Langanda is also of age, married, and resides at No. 45 Bakakeng
Sur, Baguio City;
2. That defendant ABC360 Foods, Inc. is a corporation duly organized under Philippine law,
engaged in the business of manufacturing food products with principal office at the
Puso ng Baguio Building, Session Road, Baguio City; while the other defendant Ken D.
Landi is the driver of the corporation’s delivery panel or truck, and both may be served
with summons at said Puso ng Baguio Building.
3. That for cause of action against the defendants, it is hereby stated that on or about
December 14, 2013, at about eight o’clock in the morning, while driver Ken D. Landi was
operating the company’s delivery panel or truck, bearing plate number ACY 247 along
Bonifacio Road, within the territorial jurisdiction of Baguio City, he so negligently and
recklessly operated it at a fast speed in disregard of traffic conditions then existing that
he causes it to bump with terrific force against a Honda Civic model 2010 bearing plate
number ILY 143 in which plaintiffs were in;
4. That because of the terrific impact, the said Honda Civic was greatly damaged, not only
in the rear portion but also in its front or radiator portion, having been pushed several
meters forward against other vehicles in front due to said terrific impact;
 5. That because of this negligence of driver Ken D. Landi, an employee of defendant
ABC360 Foods, Inc., the plaintiffs were thrown off balance, causing them, especially
plaintiff Ella L. Nager to bump her head and face against the front windshield of the case
she was in, and causing contusions and bruises on her face, left earlobe, and leg, as well
as in other parts of her body;
6. That by reason thereof, the plaintiff Ella L. Nager suffered not only physical injuries for
which she was medically treated but also mental anguish, serious anxiety, and moral
shock;
7. That plaintiff Ella L. Nager had suffered actual damages for X-rays and medical
attendance, etc., in the sum of SEVENTY THOUSAND PESOS (P70,000.00) and moral
damages in the sum of FIFTY THOUSAND PESOS (P50,000.00);
8. That plaintiff Ishani Langanda suffered physical injuries which did not require medical
attendance. However, the Honda Civic owned and driven by her was badly damaged and
will require substantial repairs estimated to be at THREE HUNDRED THOUSAND PESOS
(P3000,000.00);
9. That plaintiff Ishani Langanda, by reason of having been deprived of the use of her own
car during the period of repairs, estimated to be a month, will be forced to take a taxi
going to and from her office in Legarda Road, Baguio City at the rate of not less than
ONE HUNDRED FIFTY PESOS (P150.00) a day, or an estimated FOUR THOUSAND FIVE
HUNDRED PESOS (P4,500.00) for the duration of the repair;
10. That plaintiff Ishani Langanda, by reason of having been deprived of the use of her
private car, is missing important business contracts which will cause her loss of profits to
the extent of not less than ONE HUNDRED THOUSAND PESOS (P100,000.00) for the
duration of the repairs;
11. That prior to the filing of this complaint, the plaintiffs through counsel, had written to
defendant ABC360 Foods, Inc. that as employee of the defendant driver, it is its legal
duty to make good at least the actual damages suffered by the plaintiffs, but said
employer ignored plaintiffs’ request for an extrajudicial settlement, such that the
plaintiffs were compelled to go to court for redress of their grievances;
12. That in being compelled to litigate, plaintiffs were obliged to hire the services of a
lawyer who is entitled to attorney’s fees in the amount of FIFTY THOUSAND PESOS
(P50,000.00);

WHEREFORE, IN VIEW OF THE FOREGOING, plaintiffs through counsel pray this Honorable
Court, after due hearing, to adjudge defendants ABC360 Foods, Inc., and Ken D. Landi, jointly
and severally, to pay the following:

a. To Ella L. Nager:
1. Actual damages of SEVENTY THOUSAND PESOS (P70,000.00);
2. Moral damages of FIFTY THOUSAND PESOS (P50,000.00);
3. Attorney’s Fees of FIFTY THOUSAND PESOS (P50,000.00).

b. To Ishani Langanda:
1. Actual damages of THREE HUNDRED THOUSAND PESOS (P300,000.00)
 2. Loss of profits of ONE HUNDRED THOUSAND PESOS (P100,000.00);
3. Attorney’s Fees of FIFTY THOUSAND PESOS (P50,000.00).

or total damages for both plaintiffs in the sum of SIX HUNDRED TWENTY THOUSAND PESOS
(P620,000.00), with legal interest from the date of filing this suit, plus costs of suit, and such
other remedies as may be just and equitable in the premises.

All other just and equitable reliefs are also prayed for.

Baguio City, Philippines, this 8th of day September, 2014.

MC RHONDOLF LOUIE V. MABALOT

Counsel For Petitioners
No. 143 Brgy. New Lucban, Baguio City
IBP Lifetime No.2080203; Baguio City
PTR No. 2080203; July 14, 2014, Baguio City
Roll of Attorney No. 2080203
MCLE Compliance No. 1111111

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

We, ELLA L. NAGER AND ISHANI LANGANDA, both of legal age, do hereby state
that: we are the plaintiffs in the complaint entitled COMPLAINT FOR DAMAGES BASED ON
QUASI-DELICT and in such capacity, caused this complaint to be prepared; we have read its
contents and affirm that they are true and correct to the best of our own personal knowledge; we
hereby certify that there is no other case commenced or pending before any court involving the
same parties and the same issue and that, should we learn of such a case, we shall notify the
court within five (5) days from our notice.

IN WITNESS WHEREOF, we have signed this instrument on September 8, 2014.

ELLA L. NAGER ISHANI LANGANDA

 SUBSCRIBED AND SWORN TO before me in the City of Baguio on this 8th day of
September 2014, affiants exhibiting before me their identification:
Ella Nager SSS No. 123456 Issued on July 21, 2014, Baguio City
Ishani Langanda GSIS No. 654321 Issued on April 4, 2013, Baguio City

ALEXIS JANET J. VALDEZ

NOTARY PUBLIC
Commission Expires on December 31, 2014
IBP Lifetime No.2080070; Baguio City
PTR No. 2080070; April 14, 2014, Baguio City
Roll of Attorney No. 2080070
MCLE Compliance No. 2222222

Doc. No. 2
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Book No. I
Series of 201