Republic of the Philippines
REGIONAL TRIAL COURT
First Judicial Region
Manila
SPS. FLORENTINO
Plaintiffs,
-versus Civil Case No. 123456789
FOR: Damages
MAHALEN CORPORATION,
Defendants.
x--------------------------------------x
COMPLAINT
PLAINTIFFS, by and through the undersigned counsel and unto this
Honorable Court most respectfully allege that:
1. The Plaintiffs SPS. FLORENTINO are spouses, both Filipino, of
legal age and residents of 108 Ilacanos Sur, San Fernando City, La
Union, Philippines.
2. The Defendant Partak Bus Company is a domestic corporation
duly organized under the laws of the Philippines engaged in the business of
land transportation of passengers and goods and a holder of certificate of
public convenience with principal place of business at 640 Quezon Avenue,
Quezon City, Philippines, where it may be served with summons and other
court processes. A copy of the certificate of public convenience is hereto
attached as Annex “A”;
DAMAGES
3. As a result of defendants’ fault or negligence constituting
quasi-delict, they are liable to plaintiff for damages.
4. Because of the incident, plaintiff has had to undergo
monthly check-ups thereby unnecessarily incurring expenses in the amount
of not less than PhP 300,000.00.
5. In addition to the physical injuries and pain, plaintiff
Filemon Arviso has also suffered and is still suffering mental anguish, severe
anxiety and psychological torture caused by the incident. He has been
suffering from sleepless nights and tormented by financial expenses which
could have been avoided, thereby entitling her to moral damages in the
amount of, at least, PhP 400,000.00.
PRAYER
WHEREFORE, PREMISES CONSIDERED, plaintiff, through the
undersigned counsel most respectfully prays on this Honorable Court, after
due hearing, to adjudge defendants Paolo Ololo and Northern Line Bus
Company jointly and severally, to pay the plaintiff the following:
1) Seven Hundred Thousand Pesos (Php 700,000.00) as
actual or compensatory damages representing the hospitalization and
medical expenses of the plaintiff;
2) Five Hundred Thousand Pesos (PhP 500,000.00) for
attorney’s fees and One Hundred Thousand Pesos (100, 000.00) for
litigation expenses;
3) Other just and equitable reliefs are, likewise, prayed for.
RESPECTFULLY SUBMITTED this 6 August 2016 at San Fernando
City, La Union, Philippines.
FILOMINO AVISO and FILOMINA AVISO
Plaintiffs
Assisted by
HIDALGO ESTEPHA AND ASSOCIATES LAW OFFICES
319-A, 3rd floor, Diocesan Center, Gomez Street, San Fernando City, La
Union, Philippines.
e-mail: HEAlawoffices@gmail.com
telephone number: 082-296-123
JURAT and CERTIFICATION
I, FILOMINO AVISO, after having been sworn to in accordance with
law hereby depose and say THAT:
1. I am one of the plaintiffs in the above-entitled case;
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 6, August
2016 at San Fernando City, La Union, Philippines.
SUBSCRIBED AND SWORN TO before me a Notary Public, for and
in the City of Davao, the affiant, Filomino Aviso 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.
CINDY SORIANO
Doc No.: 50 Notary Public for La Union
Page No.10 Notarial Commission No. 123-2012
PTR No. 123456; 01-02-13;D.C.
Book No.II
IBP Life Member Roll 12348
Series of 2016.
MCLE Compliance No. III-123459; 01-
10-2012
Issued at Manila City
