Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch XX
Cauayan City

MIGO YAP,
Plaintiff,

CIVIL CASE NO. xxxxx

-versus- For: DAMAGES BASED ON QUASI-
DELICT

ISIDRO BEKI
VICTORY LINER INC.
Defendants
x-----------------------------------x

COMPLAINT FOR DAMAGES

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

1. That plaintiff Migo Yap is of legal age, married, and residing at Brgy. Sillawit, Cauayan City;

2. That defendant VICTORY LINER, Inc. is a Bus Company duly organized under Philippine law,
with principal office at Manila, Philippines; while the other defendant Isidro Beki is the driver of
the Bus Company involved, of legal age, married and a resident of Carig, Tuguegarao City and
both may be served with summons at said address respectively;

3. That for cause of action against the defendants, it is hereby stated that on April 1, 2019, at about
eight o’clock in the morning, while driver Isidro Beki was driving the Victory Bus going to
Manila, bearing a plate number ACY 247 along Menante Uno, within the territorial jurisdiction of
Cauayan 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 plaintiff 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 Isidro Beki, an employee of defendant Victory Liner,
Inc., the plaintiff were thrown off balance, causing Migo Yap to bump his head and face against
the front windshield of the case she was in, and causing contusions and bruises on his face, left
earlobe, and leg, as well as in other parts of his body;

6. That by reason thereof, the plaintiff Migo Yap suffered not only physical injuries for which he
was medically treated but also mental anguish, serious anxiety, and moral shock;

7. That plaintiff Migo Yap 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 Migo Yap, by reason of having been deprived of the use of his own car during the
period of repairs, estimated to be a month, will be forced to take a public ride going to and from
his office in Ilagan City 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;
 9. That prior to the filing of this complaint, the plaintiff through counsel, had written to defendant
Victory Liner, Inc. that as employee of the defendant driver, it is its legal duty to make good at
least the actual damages suffered by the plaintiff, but said employer ignored plaintiff’s request for
an extrajudicial settlement, such that the plaintiff was compelled to go to court for redress of their
grievances;

10. That in being compelled to litigate, plaintiff was 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, plaintiff through counsel pray this Honorable
Court, after due hearing, to adjudge defendants Victory Liner, Inc., and Isidro Beki, jointly and severally,
to pay the following:

a. To Migo Yap:
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).

or total damages for both plaintiffs in the sum of ONE HUNDRED SEVENTY THOUSAND PESOS
(P170,000.00), 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.

Cauayan City, Philippines, this 8th of day May 15, 2019.

DINA NATUTO
Counsel For Plaintiff
No. 143 Brgy Cabaruan, Cauayan City
IBP Lifetime No.88888; Cauayan City
PTR No. 888888; July 14, 2014, Cauayan City
Roll of Attorney No. 999999
MCLE Compliance No. 1111111
 VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, MIGO YAP,of legal age, do hereby state that: I am the plaintiff in the complaint entitled
COMPLAINT FOR DAMAGES BASED ON QUASI-DELICT and in such capacity, caused this
complaint to be prepared; I have read its contents and affirm that they are true and correct to the best of
my own personal knowledge; I 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 I learn of such a case, I shall
notify the court within five (5) days from our notice.

IN WITNESS WHEREOF, I have signed this instrument on May 15, 2015.

MIGO YAP ___________________ _____________

SUBSCRIBED AND SWORN TO before me in the City of Cauayan on this 15th day of
May,2019, affiant exhibiting before me his identification:
MIGO YAP SSS No. 123456 Issued on July 21, 2014, Cauayan City

ALEX MAGTANONG
NOTARY PUBLIC
Commission Expires on December 31, 2020
IBP Lifetime No.2080070; Cauayan City
PTR No. 2080070; April 14, 2014, Cauayan City
Roll of Attorney No. 2080070
MCLE Compliance No. 2222222

Doc. No. 2
Page No. 1
Book No. I
Series of 2019
REQUIREMENT IN PRACTICE COURT I

(INITIATORY PLEADING)

SUBMITTED BY:

IVY C. CABASAL

SUBMITTED TO:

DEAN ALBERTO GARCIA