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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF QUEZON CITY


NATIONAL CAPITAL JUDICIAL REGION

JONNA BUENO
Plaintiff,

CIVIL CASE NO. 27-112011


-versus-

GLORIA SUPERMART, INC.


Defendant.
x-x

MEMORANDUM

Plaintiff Jonna Bueno, through counsel, unto this Honorable Court most
respectfully submit and present this memorandum in the above-titled case and
aver that:

THE CASE

Plaintiff Mrs. Jonna Bueno (hereinafter Mrs. Bueno) filed this action
for damages of Php 500,000.00 against defendant Gloria Supermart, Inc.
(hereinafter Gloria Supermart). Gloria Supermarts negligence in making
its premises safe for their customers, renders the same guilty of violation of
Article 2176 of the Civil Code. Consequently, Gloria Supermart shall be liable
to pay for damages for the expenses for the injuries Mrs. Buenos son, Ricky,
and for the emotional pain it brought to him and his mother.

THE PARTIES

1. Plaintiff, Jonna Bueno.

2. Defendant, Gloria Supermart, Inc.

FACTUAL BACKGROUND

1. Mrs. Bueno planned to cook spaghetti, but upon realizing they had no
tomato sauce, she went to Gloria Supermart with her son, Ricky, who is 5
years old at around 10am on May 11, 2010. She had to bring Ricky with
her as nobody else was at home to look after him.

2. Mrs. Bueno was a loyal customer, she did her grocery in Gloria Supermart
for over 20 years, hence the familiarity of the vicinity. However, on May
11, something unfortunate happened, which was premised by the rolling
of a lost small ball that caught the attention of the young and curious Ricky.

1
3. In his excitement and curiosity, he chased after the ball away from Mrs.
Bueno. Not too long after was Rickys fall which lead to a heavy bang on
the wet section of the aisle.

4. Apparently, the wet section of the aisle was caused by a leaking bottle in a
nearby shelf, which caused the fall of Ricky. There was no sign or
whatsoever that warned customers of such puddle of liquid.

5. Following the accident was Rickys shriek from pain in his right wrist
which he used to stop his fall. This prompted Mrs. Bueno to come to his
side to help him, to which a store clerk assisted, so Ricky can be brought
to the Philippine Orthopedic Hospital (hereinafter the hospital).

6. Ricky was attended to by Dr. John D. Lim, an orthopedic surgeon, who


operated on his right wrist to restore the position of a fractured bone. Mrs.
Bueno spent a total of Php 22,840 for the medical expenses, and an
additional Php 5,000.00 for the toys bought to distract Ricky from pain.
For recovery, Ricky was advised to stay in the hospital until the following
day.

7. It took Ricky 6 weeks to fully recover from the injury he suffered after he
fell. During this period, he complained of great pain, discomfort, and
difficulty to use both hands.

8. On Mrs. Buenos end, with Ricky as their only son after difficulty in
getting pregnant, she suffered mental and emotional pain as any accident
to an only child would pain the parents with their fear of losing him.

ISSUES OF THE CASE

I. WHETHER OR NOT GLORIA SUPERMART COMMITTED


NEGLIGENCE TANTAMOUNT TO A QUASI DELICT AS
STATED UNDER ARTICLE 2176 IN RELATION TO ARTICLE
2180 OF THE CIVIL CODE FOR THE THE PUDDLE OF LIQUID
LEFT UNATTENDED ALONG THE AISLE WITHOUT ANY
WARNING SIGN WHERE RICKY SLIPPED

II. WHETHER OR NOT GLORIA SUPERMART IS LAIBLE TO PAY


FOR THE ACTUAL AND MORAL DAMAGES PRAYED FOR BY
MRS. BUENO

DISCUSSION OF ARGUMENTS

I. GLORIA SUPERMART IS GUILTY OF


NEGLIGENCE FOR NOT MAINTAINING
A CLEAN AND SAFE ENVIRONMENT
FOR THEIR CUSTOMERS

A. IT IS THE DUTY OF AN
ESTABLISHMENT TO ENSURE
THE SAFETY OF THEIR CUSTOMERS

2
Dapat pag may basa nililinis para walang madulas

B. ASSUMING THAT THE PUDDLE


COULD NOT BE CLEANED AT THAT
MOMENT, A WARNING SIGN
SHOULD HAVE BEEN PLACED

Supposing na di nilinis, dapat nilagyan ng sign

II. GLORIA SUPERMART IS LIABLE TO


PAY FOR THE ACTUAL AND MORAL
DAMAGES IT CAUSED MRS. BUENO
AND RICKY

A. ON ACTUAL DAMAGES

Medical expenses plus toys expenses around 27 k yan

B. ON MORAL DAMAGES

Only child tapos nahirapan magka baby kaya dapat lang kasi

PRAYER

WHEREFORE, plaintiff respectfully prays that this Honorable Court:

1. DECLARE that Gloria Supermart is LIABLE for the commission of


negligent acts under Article 2176 in relation to Article 2180 of the
Civil Code when it LEFT UNATTENDED the puddle of liquid in the
aisle
2. ORDER Gloria Supermart to pay both ACTUAL damages amounting
to Php 27,840 and MORAL damages amounting to Php 472,160.00
(pinag iisipan ko pa to nagtatanong pa ko sa friends ko ano baa ng
moral damages and ano ang just computation, bukod sa cost of suit
so far ginawa ko lang yan para sakto 500k)

Other just and equitable reliefs under the foregoing are likewise being
prayed for.

Makati City for Quezon City, Metro Manila, Philippines. May 25, 2017.

ENRIQUE L. VILLAMIEL
Counsel for Plaintiff
Makati City

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