Republic of the Philippines

Regional Trial Court

Tacloban City
Branch 6
Juan Dela Cruz, Pedro Santos,
Maria Makiling and John Domingo,
Plaintiffs
123456
Vs.
Damages for
Ocean Liner Corporation,

Civil Case No.

For:
Breach
Carriage

Recovery

of

of

of

Contract

Defendant
X-------------------------------------------------X
COMPLAINT
1. Plaintiffs are of legal age and are the heirs of the
passengers of M/B Victoria that capsized en route to
Davao City from Tacloban City;
2. Defendant Ocean Liner Corporation is a domestic
corporation duly organized and existing under the
virtue of the laws of the Philippines, with principal place
of business at 12 Burgos Street, Tacloban City;
3. That on December 1, 2015 at around 8:00 in the
morning, a passenger ship called M/B Victoria capsized
in a little bit south of Tacloban City, barely 15 minutes
after it left the port, while carrying 500 passengers from
Tacloban City port en route to Davao City. According to
the report of the Philippine Coast Guard, the sinking of
M/B Victoria was due to overloading since the ship can
only accommodate 300 passengers but there were 500
passengers on board excluding the crew. Attached is a
copy of the report made by the Philippine Coast Guard
regarding the incident (ANNEX A);
4. It was likewise indicated in the report that among the
500 passengers on board, 200 of them either died or
are still missing. Among those who perished are Jojo
Dela Cruz, the father of plaintiff Juan Dela Cruz, Susan
Santos, the mother of plaintiff Pedro Santos, Mario
Makiling, the husband of the plaintiff Maria Makiling and
Kokoy Domingo, the son of plaintiff John Domingo. Their

bodies were retrieved by the Philippine Coast Guard on

the very day of the incident. Attached are the Death
Certicates of the passengers named above (ANNEXES B
to E) and the autopsy report prepared by Dr. Michael
Gomez on the four passengers mentioned (ANNEXES F
to I);
5. Defendant corporation likewise failed to present
documents that they complied the mandatory
inspection of the vessel for every three months by the
Philippine Coast Guard;
6. Based on the records of MARINA, Ocean Liner
Corporation
obtained
its
Certificate
of
Public
Convenience on January 5, 2012, the vessel M/B
Victoria is likewise registered by the corporation and in
its specification under the Permit to Operate, M/B
Victoria has a capacity to accommodate only 300
persons but based on the record obtained from Ocean
Liner
Corporation,
the
ill-fated
voyage
has
accommodated 500 passengers. Attached are the
Permit to Operate issued by MARINA (ANNEX K) and the
list of passengers which were about to depart on
December 1, 2015 at 8:00 AM on board of M/B Victoria;
7. According to the weather report issued by PAGASA as of
5:00 AM of December 1, 2015, there are no upcoming
storms and the weather is cloudy with light to moderate
winds in the Eastern Visayas and Mindanao area.
Attached is the said weather report issued by PAGASA
(ANNEX L);
8. Shortly after M/B Victoria has left the port of Tacloban,
the vessel sent a distress signal and it sank. Rescuers
immediately responded but unfortunately 200 of the
passengers including some of the crew died or gone
missing;
9. As of the filing of this complaint, only 75 of the bodies
who perished in the incident were recovered, including
that of the relatives of the herein plaintiffs;
10.
Tickets of the voyage were found on the bodies of
Jojo Dela Cruz and Mario Makiling. Attached were the
copies of the tickets of the two passengers mentioned
(ANNEXES L and M).

PRAYER
WHEREFORE it is respectfully prayed to this Honorable
Court to render a decision after proper hearings to award the
plaintiffs:
1. Actual Damages including funeral and burial expenses
incurred by the plaintiffs of P400,000 as evidenced by a
recipt (ANNEX N) as well as the value of the property
lost in the voyage amounting to P200,000;
2. Moral damages of P100,000 per passenger;
3. Exemplary Damages of P100,000 per passenger for
gross negligence which comprises as willful breach; and
4. Such other reliefs that may be deemed just and
equitable under the premises.
Tacloban City, February 10, 2016.
Atty. Joselito San Jose
Counsel for the Plaintiffs
60 Salazar Street, Tacloban City
Roll No. 54321/January 5, 2008
IBP Lifetime No. 09123
PTR No. 9876543, issued on May 05, 2015 at Tacloban City
MCLE No. IV-002222, issued on April 10, 2014 at Tacloban
City

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING
We,Juan Dela Cruz, Pedro Santos, Maria Makiling and John
Domingo , of legal age, after having been duly sworn in
accordance with law, depose and state that:
1. We are the plaintiffs in the above-stated case;
2. We caused the preparation of the foregoing complaint;
3. We have read the contents thereof and the facts stated
therein are true and correct of our personal knowledge
and/or on the basis of copies of documents and records in
our possession;
4. We have not commenced any other action or proceeding
involving the same issues in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;
5. To the best of our knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;
6. If we should thereafter learn that a similar action or
proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or any other tribunal or agency,
we undertake to report that fact within five (5) days
therefrom to this Honorable Court.
IN WITNESS WHEREOF, We have hereunto affixed our
signatures this 10th Day of February 2016, here in the City of
Tacloban.
Juan Dela Cruz
Affiant
ID No. 111-22-333
111

Pedro Santos
Affiant
ID No. 333-22-

Issued By: BIR

ID No. D01-12-123456
123456
Issued By: LTO

Issued By: BIR

ID No. D01-12-

Maria Makiling
Affiant
ID No. 444-55-333

John Domingo
Affiant
ID No. 111-66-

Issued By: BIR

ID No. D01-12-123456
123456
Issued By: LTO

Issued By: BIR

ID No. D01-12-

Issued By: LTO

777

Issued By: LTO

Atty. Gerardo Ruiz
Notary Public
Until December
2016

Doc. No. 20
Page No. 5
Book No. II
Series of 2016