Republic of the Philippines

4th Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
Branch __
Antipolo, Rizal

Luz Diaz, Plaintiff, CIVIL CASE No. _________

- Versus - FOR: Damages

Emma Crisostomo, Defendant.

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COMPLAINT

PLAINTIFF, Luz Diaz, by counsel and unto this Honorable Court, most respectfully avers
THAT:

1. Plaintiff is a Filipino, of legal age, widow, and residing at Block 1, Lot 1, Mountain
View Subdivision, Antipolo, Rizal, where she may be served with pleadings, notices, orders and
other processes of this Honorable Court;

2. Defendant Emma Crisostomo is a Filipino, of legal age, married, and residing at Block
1, Lot 2, Mountain View Subdivision, Antipolo, Rizal, where she may be served with summons,
papers and other process of this Honorable Court;

3. Plaintiff, owns a dog named Trix which had been with her since her husband passed
away eight years ago;

4. Trix is a Cavalier King Charles Spaniel dog which cost P35, 000.00 when bought by
the plaintiff’s husband as evidenced by the official receipt issued by BOW WOW Petshop. The
receipt is attached herewith as “Annex A”;

5. Plaintiff and defendant have been neighbors for at least three years;

6. Gregorio Timbol is a carpenter who works for the defendant for the renovation of the
house of the latter. Mr. Timbol is the owner of the truck which caused the death of the plaintiff’s
dog, Trix;

7. In the afternoon of October 25, 2010, the truck owned by Mr. Timbol was parked in
front of the defendant’s house on a street that was sloping;

8. Before the incident, plaintiff was taking a nap in her house when she noticed that her
dog, Trix was missing. She then looked around the house until she heard a crashing bang and a
dog crying out;
 9. When the plaintiff went outside of her gate, she saw Trix pinned under the wheel of
the truck. The truck was backed up against a tree by the sidewalk and Trix was trashing and
squealing underneath the truck with blood coming out of his mouth;

10. Plaintiff cried and screamed to Nilda, her helper, and shouted for the guards who
roamed the subdivision, but no one came. She could not save him even if she wanted to because
there was no one in the truck’s driver seat and she does not know how to drive. She could only cry
and scream while Trix kept on howling until it stopped moving and making any sound. He died
soon after;

11. Due to the dog’s death, plaintiff was deeply sorrowed and suffered sleepless nights.
Her suffering and sorrow consequently led her to be hospitalized for two (2) days. As such, she
incurred medical expenses in the amount of P30, 000.00. Copy of her medical certificate and
official receipt issued by the hospital are attached herewith as “Annex B” and “Annex C”
respectively;

12. Plaintiff demanded that the defendant should give her another dog, but the latter
refused and insisted that what happened to the dog was plaintiff’s fault;

13. The matter was referred to the barangay for conciliation and settlement but none was
reached. Attached herewith is the certification to file action executed by the barangay chairman as
“Annex D”;

14. Due to the defendant’s gross negligence and refusal to replace the dog, plaintiff is
constrained to file the instant suit to enforce her rights and to incur award for damages for the death
of the dog in the amount of P35, 000.00, moral and exemplary damages in the amount P100, 000.00
for her sleepless nights caused by the defendant’s gross negligence, attorney’s fees in the amount
of P50, 000.00 and other expenses of litigation to be determined by the court, which should be
assessed against defendant.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable
Court that judgement be rendered in favor of the Plaintiff and ordering the Defendant to:

a) Pay plaintiff the amount of P35, 000. 00 for damages for the death of the dog;

b) Pay plaintiff the amount of P 30, 000.00 for the hospital bill incurred;

c) Pay plaintiff the amount of P 100, 000. 00, by way of moral and exemplary damages;
P50, 000.00, by way attorney’s fees; other litigation expenses to be determined by the court.

d) Pay the cost of this suit.

Plaintiff prays for such other remedies and reliefs as may be deemed just and equitable
under the premises.

December 02, 2010, Antipolo, Rizal

Atty. Lady Stephen R. Baricuatro

Florendo, Padayhagm Baricuatro, Tambolero, Carator & Associates
Counsel for the Plaintiff
PTR No. 18909595: 1-04-07:B.C.
IBP No. 693065:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F San Lazaro Suites, Makati, Metro Manila