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    Final Complaint

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    Pauline
    Plaintiff Filemon Aviso filed a complaint against Northern Bus Line Company, Paolo Ololo, Tarlac Bus Company, and Juan Ablog for damages arising from a bus collision. Mr. Aviso was a passenger on a Northern Bus Line bus driven by Paolo Ololo when it collided with a Tarlac Bus Company bus driven by Juan Ablog. Mr. Aviso suffered injuries that required hospitalization. He is suing the defendants for breach of contract of carriage by Northern Bus Line and for negligence/quasi-delict by all defendants. Mr. Aviso is seeking damages for his medical expenses, lost income, moral damages, and legal fees and expenses.

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    Final Complaint

    Uploaded by

    Pauline
    236 views10 pages
    Plaintiff Filemon Aviso filed a complaint against Northern Bus Line Company, Paolo Ololo, Tarlac Bus Company, and Juan Ablog for damages arising from a bus collision. Mr. Aviso was a passenger on a Northern Bus Line bus driven by Paolo Ololo when it collided with a Tarlac Bus Company bus driven by Juan Ablog. Mr. Aviso suffered injuries that required hospitalization. He is suing the defendants for breach of contract of carriage by Northern Bus Line and for negligence/quasi-delict by all defendants. Mr. Aviso is seeking damages for his medical expenses, lost income, moral damages, and legal fees and expenses.

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    Plaintiff Filemon Aviso filed a complaint against Northern Bus Line Company, Paolo Ololo, Tarlac Bus Company, and Juan Ablog for damages arising from a bus collision. Mr. Aviso was a passenger on a Northern Bus Line bus driven by Paolo Ololo when it collided with a Tarlac Bus Company bus driven by Juan Ablog. Mr. Aviso suffered injuries that required hospitalization. He is suing the defendants for breach of contract of carriage by Northern Bus Line and for negligence/quasi-delict by all defendants. Mr. Aviso is seeking damages for his medical expenses, lost income, moral damages, and legal fees and expenses.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    236 views10 pages

    Final Complaint

    Uploaded by

    Pauline
    Plaintiff Filemon Aviso filed a complaint against Northern Bus Line Company, Paolo Ololo, Tarlac Bus Company, and Juan Ablog for damages arising from a bus collision. Mr. Aviso was a passenger on a Northern Bus Line bus driven by Paolo Ololo when it collided with a Tarlac Bus Company bus driven by Juan Ablog. Mr. Aviso suffered injuries that required hospitalization. He is suing the defendants for breach of contract of carriage by Northern Bus Line and for negligence/quasi-delict by all defendants. Mr. Aviso is seeking damages for his medical expenses, lost income, moral damages, and legal fees and expenses.

    Copyright:

    © All Rights Reserved
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    of 10

    Republic of the Philippines

    REGIONAL TRIAL COURT


    1st Judicial Region
    Branch ___, La Union

    FILEMON
    AVISO
    FILEMONA AVISO.

    and
    Plaintiffs,

    -versus
    Civil Case No. _____________
    FOR:

    Damages based on
    breach of contract of
    carriage
    and
    Quasidelict.

    PAOLO OLOLO, NORTHERN


    BUS LINE COMPANY, JUAN
    ABLOG and TARLAC BUS
    COMPANY,
    Defendants.
    x--------------------------------------x

    COMPLAINT

    PLAINTIFFS, by and through the undersigned counsel and


    unto this Honorable Court most respectfully alleges that:

    GENERAL ALLEGATIONS

    I.
    Plaintiffs Filemon and Filemona Aviso are spouses, both
    Filipino, of legal age and residents of 108 Ilacanos Sur, San
    Page | 1
    Complaint

    Fernando City, La Union, Philippines. Plaintiffs may be served with


    summons and other court processes through the undersigned
    counsel and/or law firm at the address indicated below.
    II.
    Defendant Northern Bus Line Company is a domestic
    corporation duly organized under the laws of the Philippines engaged
    in the business of transportation with principal place of business at
    640 Catbangen, San Fernando City, La Union, Philippines, where it
    may be served with summons and other court processes.
    III.
    Defendant Paolo Ololo, Filipino, of legal age, married and a
    resident of 960-1 Lingsat, San Fernando City, La Union, Philippines,
    is the driver of Northern Bus Line with plate number LFL 538.
    Defendant Ololo may be served with summons and other court
    processes in the said address.

    IV.
    Defendant Tarlac Bus Company is a domestic corporation duly
    organized under the laws of the Philippines engaged in business of
    transportation with principal place of business at 204 Balicanaway,
    Tarlac City, Philippines, where it may be served with summons and
    other court processes.

    V.
    Defendant Juan Ablog, Filipino, of legal age, married and a
    resident of 210 Aguso, Tarlac City, Philippines, is the driver of the
    defendants Tarlac Bus. Defendant Ablog may be served with
    summons and other court processes in the said address.

    Page | 2
    Complaint

    VI.
    On June 26, 2016, at about 6:40 in the morning, Plaintiff
    Filemon Aviso boarded the Passenger Bus No. 1357 with plate
    number 246 owned and operated by defendant Northern Bus Line
    Company which was navigating along MacArthur Highway, Sison,
    Pangasinan.
    VII.
    Nearing the intersection of Santa Rosa-Tarlac Road, a
    speeding Passenger Bus No. 3345 from Poblacion Central Road,
    driven by Juan Ablog which is owned and operated by Tarlac Bus
    Company, swiftly swerved to enter the MacArthur Highway lane,
    thereby colliding with the Northern Passenger bus.
    VIII.
    Because of the great impact, the passengers of the Northern
    Passenger Bus were thrown off balance, causing them, especially
    plaintiff Filemon Aviso to bump his head and face against the front
    windshield of the case he was in, and causing contusions and bruises
    on his face, left earlobe, and leg, as well as in other parts of her body.
    IX.
    By the reason thereof, plaintiff Filemon Aviso was hospitalized
    for thirty (30) days in District Hospital in Urdaneta, Pangasinan,
    where he was treated for his physical injuries, incurring a
    hospitalization and medical expenses amounting in the sum of four
    hundred thousand pesos (P 400, 000.00).
    FIRST CAUSE OF ACTION
    X.
    Defendant Northern Bus Line Company is liable to breach of
    contract of carriage.
    XI.
    When the plaintiff Filemon Aviso boarded the passenger bus of
    defendant Northern Bus, there existed a contract of carriage between
    defendant Northern Bus, as the owner and operator of the Northern
    Page | 3
    Complaint

    Passenger bus, and plaintiff Filemon Aviso, as the passenger of said


    passenger bus. As a common carrier, defendant Northern Bus is
    bound to carry plaintiff Filemon Aviso safely as far as human care and
    foresight can provide, using the utmost diligence of very cautious
    persons, with due regard for all the circumstances. This, the
    defendants Northern Bus and Paolo Ololo failed to do so.
    XII.
    Obviously, plaintiff Filemon Aviso was not able to reach his
    destination safely as he suffered physical injuries during the course of
    the travel. In a contract of carriage, it is presumed that the common
    carrier is at fault or is negligent when a passenger dies or is injured.

    SECOND CAUSE OF ACTION


    XIII.
    Apart from any contract, Juan Ablog and Tarlac Bus Company
    are also liable for tort or quasi-delict.
    XIV.
    Defendant Tarlac Bus Company is liable for quasi-delict
    because they are the employer of defendant Juan Ablog. Likewise,
    defendant Tarlac Bus is the owner and operator of Tarlac passenger
    bus wherein the negligent acts were committed. Defendant Tarlac
    Bus failed to prevent the damage, injury and unnecessary expenses
    suffered by plaintiff Filemon Aviso through the fault or the negligence
    of its employee driver defendant Ablog.

    XV.
    Defendant Juan Ablog as drivers of the Tarlac passengers bus
    are liable for quasi-delict because as a driver they have the duty to
    exercise required degree of care, skill and diligence in transporting
    their passengers safely to its destination.
    Page | 4
    Complaint

    XVI.
    In contravention of these duties, however, defendants Juan
    Ablog exhibited lack of skill and diligence in driving his respective
    passenger bus. Herein defendant was evidently guilty of gross
    negligence. Such lack of skill and want of care and gross negligence
    directly caused serious injuries to the plaintiff Filemon Aviso and
    resulted in substantial expenses on his part.
    ALLEGATIONS COMMON TO BOTH CAUSES OF ACTION
    XVII.
    Plaintiff Filemon Aviso caused the sending of separate letters to
    all the defendants, asking them to communicate with plaintiffs
    counsel for the purpose of settling the damage caused to the plaintiff
    by reason of the fault or negligence on the part of the defendants
    Juan Ablog and Tarlac Bus Company and the failure of the
    defendants Northern Bus to and Paolo Ololo to exercise extraordinary
    diligence in transporting its safely its passengers into their
    destination.
    XVIII.
    However, instead of heeding the polite demands of plaintiff
    Filemon Aviso, defendants Northern Bus and Tarlac Bus Company,
    and defendants Paolo Ololo and Juan Ablog, simply ignored to
    entertain plaintiffs just demands in a letter dated 19 July 2016. Thus,
    the plaintiff seeks the assistance of this Honorable Court.

    DAMAGES
    XIX.
    As a result of defendants breach of contract and/or negligence
    constituting quasi-delict, they are liable to plaintiff Filemon Aviso for
    damages.
    Page | 5
    Complaint

    XX.
    Because of the incident, plaintiff has had to undergo monthly
    check-ups thereby unnecessarily incurring expenses in the amount of
    not less than PhP 300,000.00.
    XXI.
    Consequently, plaintiff Filemon Arviso incurred loss of earnings
    because of the injuries suffered from the incident. Plaintiff Filemon is
    a businessman and he had to stop working for three months thereby
    losing potential income in the amount of atleast Fifty Thousand Pesos
    (Php500,000.00), representing cancelled transactions and unrealized
    profits.
    XXII.
    Plaintiff Filemon Aviso was compelled to file this case because
    of defendants obstinate and unjustified refusal to take responsibility
    for their actions. His polite demands were simply ignored. Thus,
    plaintiff had no other recourse but to hire a lawyer and pursue legal
    action. In the process, he will be spending for attorneys fees in the
    amount of at least PhP 500,000.00 and other legal expenses in the
    amount of at least PhP 100,000.00.
    XXIII.
    In addition to the physical injuries and pain, plaintiff Filemon
    Arviso has also suffered and is still suffering mental anguish, severe
    anxiety and psychological torture caused by the incident. He has
    been suffering from sleepless nights and tormented by financial
    expenses which could have been avoided, thereby entitling her to
    moral damages in the amount of, at least, PhP 400,000.00.

    PRAYER
    WHEREFORE, PREMISES CONSIDERED, plaintiff, through
    the undersigned counsel most respectfully prays of this Honorable
    Page | 6
    Complaint

    Court, after due hearing, to adjudge defendants Paolo Ololo, Juan


    Ablog, Northern Line Bus Company and Tarlac Bus Company, jointly
    and severally, to pay the plaintiff the following:

    a.

    Seven Hundred Thousand Pesos (Php 700,000.00) as

    actual

    or

    compensatory

    damages

    representing

    the

    hospitalization and medical expenses of the plaintiff;


    b.

    Five Hundred Thousand Pesos (Php500,000.00) for loss

    of earning and income;


    c.

    Four Hundred Thousand Pesos (Php 400, 000.00) for

    moral damages;
    d.

    Five Hundred Thousand Pesos (PhP 500,000.00) for

    attorneys fees and One Hundred Thousand Pesos (100,


    000.00) for litigation expenses;
    e.

    Other just and equitable reliefs are, likewise, prayed for.

    RESPECTFULLY SUBMITTED this 6 August 2016 at San


    Fernando City, La Union, Philippines.

    FILEMON ARVISO and FILEMONA ARVISO


    Plaintiffs

    Assisted by
    HIDALGO ESTEPHA AND ASSOCIATES LAW OFFICES
    319-A, 3rd floor, Diocesan Center, Gomez Street, San Fernando City,
    La Union, Philippines.
    Page | 7
    Complaint

    e-mail: [email protected]
    telephone number: 082-296-1234

    By

    CLARIZ ANZEL PAULINE ALONZO


    Roll No. 64338
    PTR No. 123456; 01-02-13; D.C.
    IBP Life Member Roll 445789
    MCLE Compliance No. III-897656; 01-10-2012
    Issued at San Fernando City, La Union, Philippines

    EBRAHEEM I. ASLAHON
    Roll No. 64337
    PTR No. 249755; 01-03-13; D.C.
    IBP Life Member Roll 890786
    MCLE Compliance No. III-335512; 01-11-2012
    Issued at San Fernando City, La Union, Philippines

    RONA FE B. LAGASCA
    Roll No. 64336
    PTR No. 558899; 01-02-13;D.C.
    IBP Life Member Roll 453778
    MCLE Compliance No. III-986655; 01-09-2012
    Issued at San Fernando City, La Union, Philippines

    DINA B. UNANA
    Roll No. 64335
    PTR No. 224906; 01-02-13;D.C.
    IBP Life Member Roll 341099
    MCLE Compliance No. III-789980; 01-10-2012
    Page | 8
    Complaint

    Issued at San Fernando City, La Union, Philippines

    JURAT and CERTIFICATION


    I, FILEMON ARVISO, after having been sworn to in accordance
    with law hereby depose and say THAT:
    1.

    I am the plaintiff in the above-entitled case;

    2.
    I have caused the preparation and filing of the foregoing
    complaint, that I have read the allegations therein, and that they
    are true and correct of my own personal knowledge and belief
    and based on authentic documents;
    3.
    Other than the foregoing complaint, I have not
    commenced any other action or proceeding involving the same
    issue before the Supreme Court or Court of Appeals or any
    divisions thereof or before any tribunal or agency and that, to
    Page | 9
    Complaint

    the best of my knowledge, there is no such action or


    proceeding pending before any tribunal;
    4.
    If other than the foregoing complaint, I should learn that a
    similar action or proceeding has been filed or is pending in any
    tribunal, I will notify this Honorable Court of the same within five
    (5) days from such notice

    IN WITNESS WHEREOF, I have hereunto set my hand this 6,


    August 2016 at San Fernando City, La Union, Philippines.

    SUBSCRIBED AND SWORN TO before me a Notary Public,


    for and in the City of Davao, the affiant, Filemon Arviso exhibited to
    me her current and unexpired drivers license numbered L02-123456
    valid until May 1, 2015, bearing her photograph and signature as
    competent proof of her identity.

    Doc No.: 50
    Page No.10
    Book No.II
    Series of 2016.

    CINDY SORIANO
    Notary Public for La Union
    Notarial Commission No. 123-2012
    PTR No. 123456; 01-02-13;D.C.
    IBP Life Member Roll 12348
    MCLE Compliance No. III-123459; 0110-2012
    Issued at Manila City

    Page | 10
    Complaint

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