Sample Complaint 2r1o65

Republic of the Philippines REGIONAL TRIAL COURT 11th Judicial Region Branch ___ Davao City

Fe Tuadles, Plaintiff,

CIVIL CASE No. _______________

- versus –

FOR: Damages for death, Loss of earning capacity, Moral damages and Attorney’s Fees.

Aurelio Laxa, Bonifacio Cruz, ULTRA Speed Machine Shop and A’s Metal Products, Aurelio Lara, Defendants. x- - - - - - - - - - - - - - - - - - - - - - - x

COMPLAINT COMES NOW, plaintiff, Fe Tuadles, by counsel, and unto this Honorable Court, most respectfully avers THAT: 1. Plaintiff is a Filipino, of legal age, married, and residing at 32E Jacinto St., Davao City, where he may be served with summons, papers and other process of this Honorable Court ACOP Law Firm, Suite 704, LANDCO Bldg, Bajada, Davao City. 2. Defendant Aurelio Laxa is a Filipino, of legal age, single, and residing at Purok 14, Mintal, Davao City, where he may be served with summons, papers and other process of this Honorable Court. 3. Defendant Bonifacio Cruz is a Filipino, of legal age, married, and residing at Purok Sto. Nino, Buhangin, Davao City, where he may be served with summons, papers and other process of this Honorable Court. 4. Defendant ULTRA Speed Machine Shop and A’s Metal Products is a juridical entity duly ed with the Securities and Exchange Commission. It is engaged in the selling metal products and Auto Repair. It is represented herein by Aurelio Lara, owner and manager of ULTRA Speed Machine Shop and A’s Metal Products. It may be served with papers and other processes of this Honorable Court at 131 R. Magsaysay Avenue Davao City.

5. Defendant Aurelio Lara is a Filipino, of legal age, married, and residing at 131 R. Magsaysay Avenue Davao City, where he may be served with summons, papers and other process of this Honorable Court. 6. Both parties have capacity to sue and to be sued. 7. Plaintiff herein is the wife of victim of the vehicular accident, Romeo Tuadles who is the sole bread winner of the family. 8. Defendant Bonifacio Cruz, is the ed owner of a Cimarron Jeepney, and particularly described as follows: Make and Type: Cimarron Jeepney Plate No.: LXX-349 9. Defendant ULTRA Speed Machine Shop and A’s Metal Products owned by Aurelio Lara

has

legal possession of the

vehicle and bound itself by an

acknowledgment attached herewith “Annex A”, to be responsible for any and all incidents that may occur while the said vehicle is in their custody. 10. Defendant Aurelio Lara is the employer of Aurelio Laxa, being the owner of ULTRA Speed Machine Shop and A’s Metal Products. 11. On December 29, 2010, Bonifacio Cruz brought his vehicle to ULTRA Speed Machine Shop and A’s Metal Products by Aurelio Lara

for repair and left the said

vehicle at the shop. 12. At about January 2, 2011, Aurelio Laxa, a driver of A’s Metal Products with his coworkers on board drove the vehicle in going to the beach. 13. In driving back from the beach, Aurelio Laxa lost control of the vehicle while negotiating a curve causing it to turn turtle resulting in the death of one of its engers Romeo Tuadles. 14. A demand letter for indemnification for damages was by plaintiff to defendants. 15. Defendant Bonifacio Cruz promptly denied liability for reason that his vehicle was used and driven without his knowledge and consent by Aurelio Tuadles at the time of the accident.

16. As a result of the death of Romeo Tuadles, his family is in financial difficulties because they depend on him as a sole wage earner in the family. Hence, they must be made to pay for damages for the death of Romeo Tuadles, in the amount equivalent to FIVE HUNDRED THROUSAND PESOS (P 500,000.00). 17. Due to the sudden death of Romeo Tuadles, his wife and children suffered mental anguish and serious anxiety. 18. Consequently, Plaintiff was constrained to engage the services of counsel to whom it obligated itself to pay as Attorney's Fees the amount equivalent to TWENTY FIVE PERCENT (25%) of the total amount to be adjudged in favor of plaintiffs, and the costs of this suit.

PRAYER WHEREFORE, the above premises considered, it is respectfully prayed of this Honorable Court after hearing on the merits, that: a. Defendants be ordered to pay for damages for death in the amount of FIVE HUNDRED THROUSAND PESOS. b. Defendants be ordered to pay moral damages in the amount of FIVE HUNDRED THOUSAND PESOS (Php 500,000.00); c. Defendants be ordered to pay attorney’s fees in an amount equivalent to TWENTY FIVE PERCENT (25%) of the total amount to be adjudged in favor of plaintiffs; d. Defendants be ordered to pay the costs of this suit. Other reliefs just and equitable under the premises are likewise prayed for. For the Plaintiff By ATTY. LOREVILL PINOON ACOP Law Firm, Suite 704, Landco Bldg., Bajada Street, Davao City

PTR No. 1247838 1-20-2012 Davao City IBP No. 911117 1-21-2012 Davao City Roll No. 89994 MCLE Ex. No. 111-000748 1-13-2012 rd For 3 compliance

ATTY. NIZZA OMELDA (Kamo na bahala sa inyong info.. kapoi isip.) ATTY. JOSEPHUS CABUGSA ATTY. JP LEO ASONG

Republic of the Philippines ) Davao City )s.s x- - - - - - - - - - - - - - - - - - - - - - - -x VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING I Fe Tuadles, Filipino, of legal age, married and a resident of residing at 32E Jacinto St., Davao City, after having been duly sworn to in accordance with law depose and say, THAT: That I am the Plaintiff in the above-entitled case; That I have caused the preparation of the above Complaint and I have read the same and knows the contents thereof; That the allegations contained therein are true and correct of my own personal knowledge. IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2012 at Davao City, Philippines.

SUBSCRIBED AND SWORN to before me this 23rd day of January, 2012, by Fe Tuadles, who exhibited to me her Voter’s ID No. 12345 issued at Davao City, Philippines on May 12, 2005. WITNESS MY HAND AND SEAL. Doc. No. 0012; Page No. 003; Book No. 001; Series of 2012.

ACKNOWLEDGEMENT Received from Bonifacio C. Cruz, his Cimarron Jeepney with Plate No. LXX349, for repair and other necessary fixing. The said acceptance is with the consequent assurance that we will be responsible for any and all incidents which may occur while the said vehicle is in our custody.

Done this 29th day of December, 2010.

Aurelio Lara Owner and Manager Ultra Speed Machine Shop and A’s Metal Products