Republic of the Philippines

1
SUPREME COURT

Page
Eighth (8th) Judicial Region
Regional Trial Court- Branch 9
Bulwagan ng Katarungan
Magsaysay Blvd., Tacloban City

JUAN de la CRUZ, CIV. NO. R-TAC-2016-0127-

01
Plaintif, For: BREACH OF CONTRACT
OF CARRIAGE WITH
DAMAGES
-versus-

PEDRO RAMOS, & VICENTE JOSE,

Defendant

x-----------------------------------------x
COMPLAINT
COMES NOW, the plaintiff thru the undersigned
counsel unto this most Honorable Court, hereby files the
foregoing complaint and avers that:
THE PARTIES

1. The Plaintiff Juan dela Cruz, is a Filipino, of legal age,

single and a resident of #115, Real St., Brgy. 34, Tacloban
City. He may be served with summonses and other court
processes at his address or at the address of the
undersigned counsel;

2. Defendant Pedro Ramos is a Filipino, of legal age, single

and a resident of Brgy. Guindapunan, Palo, Leyte, while
defendant Vicente Jose is likewise of legal age, single, a
resident of Brgy. Arado, Palo, Leyte. They may be served
with summonses and other court processes at their
respective addresses;

3. All the parties have the capacity to sue and be sued;

STATEMENT OF FACTS AND CAUSE OF ACTION

4. Defendant Vicente Jose is the owner of a passenger

jeepney with Plate No. HVI 1234, with route from Tacloban
City downtown area going to Phase 4 V & G Subdivision,
while defendant Pedro Ramos is the driver of the said
 passenger jeepney and under the employ of defendant

2
Jose;

Page
5. The Plaintiff is a 3rd Year BS Nursing student currently
enrolled at Remedios Trinidad Romualdez Medical
Foundation (RTRMF). On September 20, 2016 at about 3
oclock in the afternoon, plaintiff was on his way to school
when he took a ride on the passenger jeepney (HVI 1234)
owned by defendant Jose and driven by defendant Ramos.
He sat at the rear portion of the jeepney near the
entrance thereof;

6. When the said passenger jeepney reached the corner

near Market Savers (corner of National Highway and
Calanipawan Road), some passenger halted the
vehicle and excused themselves to alight therefrom.
However, due to the number of passengers and
baggage making it difficult to alight from the vehicle,
plaintiff decided to alight as well to make way from
the other passenger;

7. However, as he was just about to step off from the

platform of the vehicle, the jeepney suddenly moved
and accelerated causing the plaintiff to fall on the
ground. Because of carelessness and negligence of
defendant Ramos which led to the foregoing incident,
plaintiff suffered a fracture of the distal third of the
left tibia-fibula with severe necrosis of the underlying
skin, as well as other serious bruises and bodily
injuries. A copy of the medical certificate of the
attending physician is hereto attached as
ANNEX-A. Likewise, a copy of the excerpt of the
Police Blotter recorded before the Philippine National
Police- San Jose Police Station regarding the said
incident is hereto attached as ANNEX-B;

8. Due to the injuries suffered by the plaintiff, he was

admitted at the Remedios Trinidad Romualdez
hospital for two (2) months and had to undergo
several surgeries and operation in order to repair his
broken bone and his other injuries. Because of this,
plaintiff incurred expenses in the amount of THREE
HUNDRED FIFTY THOUSAND PESOS (PHP 350,
000.00). A copy of the pertinent receipts for
plaintiffs medication and other hospital bills are
hereto attached as ANNEX-C AND SERIES;
9. Because of the injuries suffered by the plaintiff due to

3
defendants negligence, plaintiff was unable to

Page
attend his classes and was thus dropped therefrom;
thus, defendants should reimburse the plaintiff in the
amount of TWENTY THOUSAND PESOS (PHP
20,000.00) representing his tuition and school fees
for the semester. A copy of the Official Receipt issued
by RTRMF to herein plaintiff is hereto attached as
ANNEX-D;

10. On December 01, 2016, plaintiff engaged the

services of the undersigned counsel and sent a
demand letter to each of the defendants, asking the
latter to reimburse plaintiff for his medical expenses
and school fees, within a period of fifteen (15) days
from the date of receipt. A copy of the said demand
letter is hereto attached as ANNEX-E & F;

11. Based on the registry return card of the Postal

Office- Tacloban City, defendants each received their
respective demand letters on December 3, 2016;
thus, they had until December 18, 2016 within which
to comply with plaintiffs demand. A copy of the
respective registry return cards are hereto attached
as ANNEX-G & H;

12. However, even up to this date defendants have

not yet communicated with the plaintiff of their
desire, if there be any, to accede to plaintiffs
demand for reimbursement;

13. Due to defendants refusal, to accede to plaintiffs

demands, the latter was forced to engage the
services of the undersigned counsel for the filing of
the instant case for FORTY THOUSAND PESOS
(PHP 40, 000.00) representing his retainers fee
and TWO THOUSAND FIVE HUNDRED PESOS
(PHP 2, 500.00) as appearance fee per hearing;

14. Plaintiff was likewise compelled to pay the amount

of TWENTY THOUSAND PESOS (PHP 20, 000.00)
as docket fees for the filing of the instant case before
the Honorable Court, and would likewise incur
additional litigation expenses in the amount of TEN
THOUSAND PESOS (PHP 10, 000.00). A copy of
the Official Receipt issued by the Office of the Clerk
 of Court for the docket fees is hereto attached as

4
I;

Page
15. Due to the neglect and imprudence of the
defendants, plaintiff suffered anxiety, sleepless
nights, and hurt feelings, which if monetized would
be equivalent to TWENTY THOUSAND PESOS
(PHP 20, 000.00);

16. To set an example to the public so that drivers and

operators alike observe prudence in the conduct of
its business and its obligations, defendants should be
made to pay to plaintiff exemplary damages in the
amount of FIFTY THOUSAND PESOS (PHP 50,
000.00);
 5
PRAYER

Page
WHEREFORE, FOREGOING PREMISES
CONSIDERED, it is most respectfully prayed for that the
instant complaint be GIVEN DUE COURSE, and upon
hearing and trial, that a Decision be rendered in favour of
the plaintiff and ORDERING the defendants to pay the
plaintiff, solidarily, the following amounts, to wit:

1. THREE HUNDRED FIFTY THOUSAND PESOS (PHP 350,

000.00) representing plaintiffs medical and hospital
expenses;

2. TWENTY THOUSAND PESOS (PHP 20, 000.00)

representing plaintiffs tuition and school fees;

3. FORTY THOUSAND PESOS (PHP 40, 000.00) for the

undersigned counsels retainers fee and TWO
THOUSAND FIVE HUNDRED PESOS (PHP 2, 500.00)
per appearance;

4. TWENTY THOUSAND PESOS (PHP 20, 000.00)

representing the docket fees, and TEN THOUSAND
PESOS (PHP 10, 000.00) as additional litigation
expenses; and

5. TWENTY THOUSAND PESOS (PHP 20, 000.00) as

moral damages, and FIFTY THOUSAND PESOS (PHP
50, 000.00) as exemplary damages;

Other reliefs just and equitable under the

circumstances are likewise prayed for.

Tacloban City, Philippines, this 27th day of January 2017.

BERNARDO, ECALDRE, IBAEZ, OPINIANO &

SABELLANO LAW OFFICES
Counsel for the Plaintiff
Rm. 101, 1st Floor, Law Building
DVOREF College of Law
Calanipawan Road, Brgy. 96
Tacloban City 6500
BY:

6Page
ATTY. DONA LIZA SABELLANO
Attys Roll No. 51447/ May 10, 2006
PTR No. 18909595:1-04-17, Palo, Leyte
IBP No. 693095:1-04-17, Leyte Chapter
MCLE Compliance No. IV-0004453, 11-12-
2014
Valid Until April 14, 2019

ATTY. SUZANNE IBAEZ

Attys Roll No. 51444/ May 10, 2006
PTR No. 18909596:1-04-17, Palo, Leyte
IBP No. 693096:1-04-17, Leyte Chapter
MCLE Compliance No. IV-0004452, 11-12-
2014
Valid Until April 14, 2019

ATTY. JANJAN BERNARDO

Attys Roll No. 51443/ May 10, 2006
PTR No. 18909597:1-04-17, Palo, Leyte
IBP No. 693097:1-04-17, Leyte Chapter
MCLE Compliance No. IV-0004457, 11-12-
2014
Valid Until April 14, 2019
 VERIFICATION AND CERTIFICATION OF NON-FORUM

7
SHOPPING

Page
I, JUAN de la CRUZ, Filipino, of legal age, single and a
resident of #115, Real St., Brgy. 34, Tacloban City, after
being sworn according to law, hereby depose and state
that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated

therein are true and correct of my personal
knowledge and/or on the basis of copies of
documents and records in my possession;

4. I 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 and to the best of my knowledge and belief,
no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other
tribunal or agency; and

5. If I 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, I undertake to report that fact
within five (5) days therefrom to this Honorable
Court.
IN WITNESS WHEREOF, I have hereunto affixed my
signature, this day of ________________, in the City of
Tacloban, Leyte, Philippines.
JUAN de la CRUZ
Complainant
Drivers License No. H02-IV-1234567

SUBSCRIBED AND SWORN TO Before me a Notary

Public for and in the City of Tacloban, Leyte, Philippines,
this day of _________________, affiant showing his
competent proof of identity to me, exhibiting the above
document, and swore before me that the same is his
voluntary act and deed. Witness my hand and seal in the
place and date above-mentioned.
ATTY. JULIET OPINIANO
NOTARY PUBLIC UNTIL 12-31-2017
Doc. No.:____; Commission No. 2016-01-10
Page No.:____; Attys Roll No. 51451/ 5-10-06
PTR No.18909570:1-04-17, Palo,
Leyte
IBP No. 693080:1-04-17, Leyte
Chapter
MCLE Compliance No. IV-0004457,
Book No.:____;

8
Series of 2017

Page