Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Branch
Branch 16
Davao City

DAVAO RABBIT BUS LINE, Civil Case No. __________

INC.
Plaintiff, FOR: Damages and Attorney’s
Fees
-versus

AMADOR BULAN, ROLANDO

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

COMPLAINT

COMES NOW, Plaintiff Davao Rabbit Bus Line, Inc. and the
undersigned counsel unto this Honorable Court most respectfully files
this Complaint by averring THAT:

THE PARTIES

1. Plaintiff Davao Rabbit Bus Line, Inc. is a corporation duly

organized under the laws of the Philippines engaged in the business
of transportation with principal place of business at Ma-a, Davao City,
Philippines and hereinafter represented by its General Manager, Mr.
Deodato Arellano. (See attached Secretary’s Certificate as Annex
“A”).

2. Plaintiff may be served with summons and other court

processes to its legal counsel at Padlan Ontal Rizada and Taguibao
Law Offices at Pryce Tower, J.P. Laurel Avenue, Davao City,
Philippines.

3. Defendant Amador Bulan, Filipino, of legal age, married

and a resident of 123 Jacinto Street, Davao City, Philippines, is the
owner and operator of KB Hino Cargo Truck with plate number LFL
538. Defendant Bulan may be served with summons and other court
processes in the said address.

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 4. Defendant Rolando Suizo, Filipino, of legal age, married
and a resident of Guerrero Street, Davao City, Philippines, is an
employee of defendant Bulan and the driver of the KB Hino Cargo
Truck owned by the latter. Defendant Suizo may be served with
summons and other court processes in the said address.

5. Defendant First Integrated Bonding and Insurance

Company, Inc. is a corporation duly organized under the laws of the
Philippines engaged in insurance business with principal place of
business at Bajada Building, J.P. Laurel Avenue, Davao City.
Defendant FIBICI may be served with summons and other court
processes in the said address.

CAUSE OF ACTION

6. On October 26, 2012, at about 6:40 in the morning, while

Passenger Bus No. 1357 with plate number 246 owned and operated
by plaintiff was navigating along MacArthur Highway, Matina, Davao
City.

7. Nearing the intersection of Sandawa Road, a speeding

KB Hino Cargo Truck from Sandawa Road, driven by Rolando Suizo
and owned and operated by Amador Bulan, swiftly swerved to enter
the MacArthur Highway lane, thereby hitting the passenger bus. (See
attached Traffic Accident Report as Annex “B”)

8. The utter disregard of traffic rules and regulations and the

reckless driving of Suizo caused the unfortunate accident.

9. Because of the great impact, the passenger bus was

severely damaged, and its driver and some passengers were
consequently injured.

10. Further, it became necessary to engage the services of

mechanics and bus body works specialists to repair and restore the
passenger bus’ condition in order to be roadworthy again.

11. Plaintiff incurred a total of One Hundred Thousand Pesos

(PHp100,000.00) for the repair of the passenger bus. (See attached
receipts as Annex “C”)

12. Consequently, plaintiff also incurred loss of earnings from

the suspension of the passenger bus while being repaired, amounting
to Fifty Thousand Pesos (Php50,000.00).

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Complaint
 13. On December 10, 2012, plaintiff, through counsel, sent a
demand letter addressed to defendant Bulan for the reimbursement
of the expenses incurred for the repair of the bus. (See attached
demand letter as Annex “D”)

14. On January 5, 2013, plaintiff, through counsel, once again

sent a demand letter to defendant Bulan for the payment of the
expenses of the repair of the bus. (See attached demand letter as
Annex “E”). However, the defendant Bulan disregarded and
continued to disregard the said demand and refused payment.

15. On January 20, 2013, plaintiff, through counsel, sent a

demand letter addressed to defendant Bulan’s insurance company,
First Integrated Bonding and Insurance Company, Inc. (See attached
demand letter as Annex “F”).

16. However, in a letter dated January 25, 2013, defendant

insurance company denied plaintiff’s claim against defendant Bulan’s
insurance. (See attached letter as Annex “G”).

17. With defendant Bulan’s continued refusal to pay, along

with defendant insurance company’s denial of plaintiff’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 also seeks the payment of attorney’s fees
amounting to Twenty Thousand Pesos (Php20,000.00).

PRAYER

WHEREFORE, PREMISES CONSIDERED, plaintiff, through

the undersigned counsel most respectfully prays of this Honorable
Court, after due hearing, to adjudge defendants Amador Bulan,
Rolando Suizo and First Integrated Bonding and Insurance Company,
Inc., jointly and severally, to pay the plaintiff the following:

a. One Hundred Thousand Pesos (Php100,000.00) as

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

b. Fifty Thousand Pesos (Php50,000.00) for loss of earning

and income;

c. Fifty Thousand Pesos (Php50,000.00) for temperate

damages;
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 d. Fifty Thousand Pesos (Php50,000.00) for exemplary
damages; and

e. Twenty Thousand Pesos (Php20,000.00) for attorney’s

fees.

RESPECTFULLY SUBMITTED this February 18, 2013 at

Davao City, Philippines.

DAVAO RABBIT BUS LINE, INC.

Represented by

MELCHORA AQUINO
General Manager

Assisted by

PADLAN ONTAL RIZADA and TAGUIBAO LAW OFFICES

Pryce Tower, J.P. Laurel Avenue,
Davao City, Philippines.
e-mail: portlawoffices@gmail.com
telephone number: 082-296-1234

By

GLAIZA MAY PADLAN

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 Davao City

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Complaint
 BENEDICT ONTAL
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 Davao City

RESCI ANGELLI RIZADA

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 Davao City

ANGIELI KIM TAGUIBAO

Roll No. 64335
PTR No. 224906; 01-02-13;D.C.
IBP Life Member Roll 341099
MCLE Compliance No. III-789980; 01-10-2012
Issued at Davao City

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Complaint
 JURAT and CERTIFICATION

I, MELCHORA AQUINO, after having been sworn to in

accordance with law hereby depose and say THAT:

1. I am the authorized representative of the plaintiff;

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
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

February 18, 2013 at Davao City, Philippines.

SUBSCRIBED AND SWORN TO before me a Notary Public,

for and in the City of Davao, the affiant, Melchora Aquino exhibited to
me her current and unexpired driver’s license numbered L02-123456
valid until May 1, 2015, bearing her photograph and signature as
competent proof of her identity.

Doc No.: 50 ANGIELI KIM TAGUIBAO

Page No.10 Notary Public for Davao City
Book No.II Notarial Commission No. 123-2012
PTR No. 123456; 01-02-13;D.C.
Series of 2013.
IBP Life Member Roll 12348
MCLE Compliance No. III-123459; 01-
10-2012
Issued at Pasig City

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Complaint
 “ANNEX C”

YOCS MOTORS INC.

OFFICIAL RECEIPT
NO. 14526

Received From: Davao Rabbit Bus Line, Inc. Date: Dec.

9, 2012
Address: Davao City

Type: Hyundai Bus

Plate No.246

PARTICULARS AMOUNT

REPAIRS
Php 74,000.00
Labor 26,000.00

TOTAL PHP 100,000.00

Remarks: PAID
Date of discharge: Dec. 9, 2012
Received Amount: Two Hundred Fifteen Thousand Pesos Only (Php100,000.00)
Mode of Payment: CASH

Receiver: Gaby Y. Tay

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