Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 10, Makati City

JOSE GARCIA and JOYCE GARCIA

Plaintiff,
Civil Case No. 092415
- versus -

For: DAMAGES

ABC MARKETING CORPORATION, EDUARDO MACASPAC, ANDY

ONG and NELSON TANG
Defendant.
x------------------------------------------------x

COMPLAINT

PLAINTIFFS, thru counsel, and unto this Honorable Court, respectfully

manifest:
1. That the plaintiffs Jose Garcia and Joyce Garcia, both Filipinos, of age, and
are residents of No. 36 Amorsolo Street, Makati City, are spouses the parents of
Yna Garcia.
2. That Defendant ABC Marketing Corporation is a domestic corporation duly
organized and existing under Philippine laws with its principal office located at
ABC Plaza Senator Gil Puyat Avenue, Makati City. ABC Marketing
Corporation is the owner of ABC Department store, located also at ABC Plaza,
Sen. Gil Puyat Avenue, Makati City; while the other defendants Eduardo
Macaspac, Andy Ong and Nelson Tang are the stores branch manager,
operations manager and supervisor respectively.

3. That for cause of action against the defendants, it is hereby stated that in the
afternoon of 31 March 2015, Joyce and Yna were at the 3 rd floor of ABC
Department Store, Makati City. Joyce was signing her credit card slip at the
payment and verification counter when she felt a sudden gust of wind and
heard a loud thud. She looked behind her. She then beheld her daughter YNA
on the floor, her young body pinned by the bulk of the stores gift-wrapping
counter/structure. Yna was crying and screaming for help. Although shocked,
Joyce was quick to ask the assistance of the people around in lifting the counter
and retrieving Yna from the floor;

4. Yna was quickly rushed to the Makati Medical Center where she was
operated on. The next day she her speech and thereafter communicated with
Joyce by writing on a magic slate. The injuries she sustained took their toil on
her young body. She died fourteen (14) days after the accident or on 1 April
2015, on the hospital bed. She was six years old;
5. The cause of her death was attributed to the injuries she
sustained. The provisional medical certificate (ANNEX A) issued by Ynas
attending doctor described the extent of her injuries:
Diagnoses:
1. Shock, severe, sec. to intra-abdominal injuries due to blunt injury
2. Hemorrhage, massive, intraperitoneal sec. to laceration, (L) lobe
liver
3. Rupture, stomach, anterior & posterior walls
4. Complete transection, 4th position, duodenum
5. Hematoma, extensive, retroperitoneal
6. Contusion, lungs, severe
CRITICAL

6. That the proximate cause of Ynas death was the negligence of the
defendants in failing to institute measures to have the counter permanently
nailed;

7. That plaintiffs suffered actual damages for Ynas hospitalization,

medical bills, etc. in the sum of TWO HUNDRED THOUSAND PESOS
( 200,000.00), wake and funeral expenses in the sum of TWO HUNDRED
FIFTY THOUSAND PESOS ( 250,000.00) and moral damages in the sum
of ONE MILLION PESOS ( 1,000,000.00).
8. That in being compelled to litigate, plaintiffs were obliged to hire the
services of a lawyer who is entitled to attorneys fees in the amount of ONE
HUNDRED THOUSAND PESOS ( 100,000.00)
9. That prior to the filing of this complaint, after the burial of their
daughter, plaintiffs demanded upon herein respondents the reimbursement
of the hospitalization, medical bills and wake and funeral expenses which
they had incurred; that defendants refused to pay.

WHEREFORE, IN VIEW OF THE FOREGOING, plaintiffs through

counsel pray this Honorable Court, after due hearing, to adjudge defendants
ABC Marketing Corporation, Eduardo Macaspac, Andy Ong and Nelson
Tang, jointly and severally, to pay the following:
(1) Actual damages of FOUR HUNDRED FIFTY THOUSAND
PESOS ( 450,000.00);
(2) Moral damages of ONE MILLION PESOS ( 1,000,000.00);
(3) Attorneys fees of ONE HUNDRED THOUSAND PESOS (
100,000.00)
Or total damages in the sum of ONE MILLION FIVE HUNDRED FIFTY
THOUSAND PESOS ( 1,550,000.00), with legal interest from the date of
the filing of this suit, plus costs of suit, and such other remedies as may be
just and equitable in the premises.

Makati City, September 21, 2015

SANTOS & ASSOCIATES

Counsel for the Defendant
522 Makati Executive Tower,
Gil Puyat Avenue, Makati City 1229
By:
JOSE K. SANTOS
Attorneys Roll No. 11913
IBP No. 11061 05/23/14 Manila
PTR No. 60560 08/02/14 Manila
MCLE Compliance No. II 372637 July 18, 2014
MARIA Q. REYES
Attorneys Roll No. 26489
IBP No. 25173 03/16/14 Makati
PTR No. 26383 10/08/14 Makati
MCLE Compliance No. II 17273 June18, 2013

VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES )
CITY OF MAKATI

) S.S

We, JOSE GARCIA and JOYCE GARCIA, both Filipinos of legal age
residing at No. 36 Amorsolo Street, Makati City, after being sworn to in
accordance with law, deposes and says that:
1. We are the Plaintiffs in the above-entitled case;
2. The facts stated in the above complaint are true and correct to the
best of our knowledge and authentic records;
3. We have not commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, to the
best of my knowledge, no such other action or claim is pending in
them; and
4. If we should learn that the same or similar action or claim has been
filed or is pending after its filing, we shall report that fact within five
(5) days from notice to the court or where the complaint or initiatory
pleading has been filed.
Makati City, September 21, 2015
Jose Garcia

Joyce Garcia

SUBSCRIBED and sworn to before me this 21st day of September of 2015, in

the City of Makati by Jose Garcia with passport no. 987654321, issued on
January 31, 2015 at Makati City, and Joyce Garcia with passport no.
746829122 issued on December 5, 2014 at Makati City.
JUAN DELA CRUZ
Notary Public for the Province of Marinduque
No. 123, Rizal Street, Boac, Marinduque

Appointment No. 123 until December 31, 2017

Roll of Attorney No.
PTR No.
IBP No.
MCLE Compliance No.
Doc. No.
Page No.
Book No.
Series of 2015