REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 6th Judicial Region Branch ____ - BACOLOD CITY

ALANA ALBERTA SUNGA, Plaintiff, - versus CHRISTINA SCHIZO Defendant. x - - - - - - - - - - - - - - - - - - - - - - - - -x Civil Case No. ____________ FOR: Damages

COMPLAINT
COMES NOW, the plaintiff, by counsel and unto this Honorable Court, most respectfully avers that:

1. The plaintiff is of legal age, widow and a resident of No.55 San Juan St., Bacolod City where she may be effectively served with summons and court processes.

2. The herein defendant Christina Schizo is likewise of legal age, single and a resident of No. 77 Kapayas Street, Bacolod City where she may be validly served with summons and other court processes. 3. The defendant is an employee of the plaintiff hired as a household helper on August 3, 2009 and since then had lived within the household of the plaintiff. She performed a variety of household services which includes providing care to the only child of the plaintiff and housekeeping such as cleaning and household maintenance. The responsibilities of the herein

defendant includes cooking, doing laundry and ironing, food shopping and other household errands. 4. The plaintiff, together with her only son would go to Cebu City every weekend to visit her ill mother. This has been the schedule of the plaintiff from the time that the herein defendant was hired and the latter was tasked for the care of the whole household. 5. Sometime on October 8, 2011, Saturday, while the plaintiff is in Cebu City for her usual trip with her son, the defendant invited her friend to the house of the plaintiff by the name of Carla de Guzman for a dinner without the knowledge and consent of her employer. At around, 10:00 in the

evening, the herein defendant locked-up the house and together with her friend, went out of the village to have some drinks. The two were seen by the security guard on duty named Mark Cruz as evidenced by his sworn affidavit hereto attached as Annex A. 6. A few minutes later after the defendant and her friend left, a fire broke-out in the kitchen found on the interior first floor of the house of the plaintiff. Their neighbor hurriedly called for help calling the nearest fire station and after four (4) hours, the fire was isolated. This incident was reported and a copy of the Fire Report of the Bacolod City Fire Station is hereto attached as Annex B. The report clearly showed that the fire originated from the cooking range which was left open. There was a maximal structural damage to the exterior wood framed wall. Moreover, the walls, ceiling, and floors all sustained water and smoke damage.

7. As a result of the incident, a portion of the house of the plaintiff needs to be repaired. Sadly, this was caused by her employee whom she had trusted all these years. The plaintiff decided to dismiss from work the

herein defendant for being irresponsible of her duties. The neglect of duties of the latter almost caused the residence of the plaintiff which she and her late husband had built through their hard work.

8. The foregoing acts of the defendant constitute negligence which caused damage and injury to the plaintiff and which render her liable to the herein plaintiff.

9. Due to the negligence of the defendant which caused fire to the residence of the plaintiff resulting to her damage, it legally entitles the plaintiff to actual damages in the total amount of Three Hundred Fifty Thousand Pesos (P350,000.00) which represents the burned and ruined materials of the house as well as other equipment.

10. In order to deter the defendant from doing similar acts to others who are similarly situated it should also be adjudged to pay Exemplary Damages in the amount of P50,000.00 or within the sound discretion of the Honorable Court. 11. In order to protect her interests, the plaintiff had to hire the services of counsel and incur litigation costs and for which the plaintiff has spent the total amount of P50,000.00 and for which the defendant should also be made liable to pay.

PRAYER WHEREFORE, in view of all the foregoing, it is most respectfully prayed of the Honorable Court that after trial on the merits, judgment be rendered in favor of the plaintiff and against the defendant as follows:

1. Ordering the defendant to pay the plaintiff the sum of P350,000.00 representing actual damages. 2. Ordering the defendant to pay the plaintiff the sum of P50,000.00 as exemplary damages. 3. Ordering the defendant to pay the plaintiff the sum of P50,000.00 by way of attorneys fees and litigation costs.

Plaintiff further prays for such other reliefs and remedies just and equitable under the premises. Bacolod City, Philippines. November 21, 2011.

JOHN PAUL R. TAN Counsel for the Plaintiff No. 5 Lacson Street, Bacolod City
PTR No. 2014015 B. C. Dec.26, 2011 IBP No. 800811 B. C. Dec.26, 2011 ROLL OF ATTORNEYS NO. 489160

REPUBLIC OF THE PHILIPPINES) CITY OF BACOLOD ) S.c. X=========================X VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, ALANA ALBERTA SUNGA, of legal age, widow, Filipino and a resident of Bacolod City, after having been duly sworn in accordance to law, depose and say: That I am the plaintiff in the above-entitled case; That I have caused the preparation and filing of the foregoing Complaint; That I have read and fully understand the contents of the foregoing Complaint and we attest that the allegations therein are true and correct to the best of my own personal knowledge and belief and based on authentic records at hand; That I have not commenced any action or filed any claim involving the same issues in any court, tribunal, quasi-judicial agency and, to the

best of my personal knowledge and belief, no such other action or claim is pending therein. And if I should thereafter learn that the same or similar action has been filed or is pending, I shall report the fact within five (5) days therefrom.
21st

IN WITNESS WHEREOF, I have hereunto affixed my signature this day of November, 2011 in the City of Bacolod, Philippines.

ALANA ALBERTA SUNGA Affiant BEFORE ME, this 21st day of November, 2011 in the City of Bacolod, Philippines, personally appeared Alana Alberta Sunga with her Community Tax Cert. No. 6235401 issued at Bacolod City, Philippines on September 5, 2011and her Government Issued ID SSS No. 33-25341-22.

Doc. No. 11; Page No. 2; Book No. XX; Series of 2011.

NOTARY PUBLIC