Sample Complaint

Republic of the Philippines
REGIONAL TRIAL COURT

11
th
Judicial Region
Branch ___
Davao City

Fe Tuadles, Plaintiff,

- versus

Aurelio Laxa, Bonifacio Cruz,
ULTRA Speed Machine Shop
and As Metal Products,
Aurelio Lara, Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - x
CIVIL CASE No. _______________

FOR: Damages for death, Loss of
earning capacity, Moral damages and
Attorneys Fees.

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 As Metal Products is a juridical
entity duly registered 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 As 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 registered 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 As 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 As Metal Products.

11. On December 29, 2010, Bonifacio Cruz brought his vehicle to ULTRA Speed
Machine Shop and As 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 As Metal Products with his co-
workers 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
passengers 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 attorneys 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
For 3
rd
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 23
rd
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 Voters 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.

A C K N O W L E D G E M E N T

Received from Bonifacio C. Cruz, his Cimarron Jeepney with Plate No. LXX-
349, 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 As Metal Products

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Republic of the Philippines

REGIONAL TRIAL COURT

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