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I.
BRIEF STATEMENT OF THE CASE
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Such negligence was the proximate cause of the death of
Jurielle.
II
STATEMENT OF CLAIMS
III
POSSIBILITY OF AMICABLE SETTLEMENT OR
ALTERNATIVE MODES OF DISPUTE RESOLUTION
IV
ADMISSIONS TO THE STIPULATION OF FACTS
V
ISSUES TO BE TRIED AND RESOLVED
VI
TESTIMONIES AND DOCUMENTS TO BE PRESENTED
DOCUMENTARY
PURPOSE EXHIBIT
EVIDENCE
1. An To prove the guidelines and “A”
Instruction rules of the marathon as well
Brochure given as the marathon route.
by PLI to
participants
2. Cash Receipt To prove that he was an “B”
for Registration official participant in the
of Jurielle marathon.
Dhave Chua
3. Cash Receipt To prove that he was an “C”
of Richard official participant in the
Valbuena marathon.
4. Death To prove the death of Jurielle “D”
Certificate of Dhave and the cause thereof.
Jurielle Dhave
Chua
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5. Receipts of To prove the funeral and “E”
Funeral and cremation expenses incurred
Cremation by the Spouses Chua
Expenses
6. Certificate of To prove the exemplary “F”
Dean’s List for academic performance of
1st Semester of Jurielle.
S.Y. 2017 –
2018
7. Certificate of To prove the exemplary “G”
Dean’s List for academic performance of
2nd Semester of Jurielle.
S.Y. 2017 –
2018
8. Official To prove that Jurielle was “H”
Transcript of enrolled as an Electrical
Records of Engineering student in Saint
Jurielle Dhave Louis University, Baguio City.
Chua
9. Certificate of To prove that Jurielle Dhave “I”
Good Moral Chua was a student of good
Character of standing.
Jurielle Dhave
Chua from the
Student’s
Affairs Office
10. Certificate of To prove that Jurielle Dhave “J”
Participation Chua was in good physical
and mental state prior to the
accident
11. Patient To prove the time and “K”
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Admission circumstances surrounding
Sheet of Rose the admission of Rose Abrogar
Abrogar to the hospital
12. Patient To prove the time and “L”
Admission circumstances surrounding
Sheet of Jurielle the admission of Rose Abrogar
Dhave Chua to the hospital
NAME OF THE
PURPOSE
WITNESS
1. Albert He will testify on the fact that he was
Olarte the one who brought Jurielle Dhave Chua
to the Baguio General Hospital because no
one was attending to him.
2. Richard He will testify on the fact that he was
Valbuena also a participant during the marathon
and that there was insufficient assistance
and inadequate preparation from the
marshals and organizers during the
marathon.
3. Luis He will testify on the fact that his
Pungtilan barangay’s assistance was requested by
PLI for the conduct of the marathon and
there was no proper coordination among
and between the cooperating agencies and
lack of specific instruction and
supervision by PLI over them.
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4. Queencel She will testify on the allegations in
Masaoy- the complaint; that they suffered moral
Chua damages and to prove the expenses they
incurred for the funeral and cremation of
Jurielle. She will also testify on the
academic performance, character standing
as well as Jurielle’s physical and mental
state prior to the accident.
5. Pamu She will testify as to the truth of the
Tyago contents of the patient admission sheets
which includes the time and informants
regarding the admissions Rose Abrogar
and Jurielle Dhave Chua.
VII.
AVAILABILITY FOR TRIAL
VIII.
RESERVATION
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demand; cite and invoke other laws and jurisprudence that
may be warranted.
IX.
APPLICABLE LAWS AND JURISPRUDENCE IN SUPPORT OF
PLAINTIFF'S CLAIMS
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2) Loss of Earning Capacity
Under Article 2206 of the Civil Code, the heirs of the victim
are entitled to indemnity for loss of earning capacity.
Compensation of this nature is awarded not for loss of
earnings, but for loss of capacity to earn. It partakes of the
nature of actual damages which is duly proven usually by
documentary evidence except when the deceased is self-
employed and earning less than the minimum wage under
current labor laws, or when he was employed as a daily wage
earner earning less than the minimum wage.
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claimants that they actually experienced emotional and mental
sufferings, it must be allowed in this case.
X
AVAILABLE TRIAL DATES
RESPECTFULLY SUBMITTED
Baguio City, 14th day of February 2019
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DG and ASSOCIATES LAW FIRM
Counsel for the Plaintiff
Room No. 3, 2nd Floor, BBCCC Building,
Cooperative St. Corner
Assumption Road, Baguio City
Email: dgandassociates@gmail.com
By:
Copy Furnished
By personal service
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