Republic of the Philippines
11th JUDICIAL REGION
REGIONAL TRIAL COURT
Davao City
Branch 16
NA PHI ANG, CIVIL CASE NO. D-1234567
Plaintiff, FOR:
“DAMAGES AND
ATTORNEY’S FEES”
- versus –
DAVAO RABBIT BUS LINE,
INC.,
Defendant.
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COMPLAINT
COMES NOW, the plaintiff, through the undersigned counsel
and unto this Honorable Court, most respectfully states that:
1. Plaintiff is Na Phi Ang, of legal age, Filipino citizen, and
residing at Lot 2 Block 3, Juna Subdivision, Matina, Davao
City;
2. Defendant is Davao Rabbit Bus Line, Inc., a domestic
corporation engaged in the business of operating public utility
buses, having its principal office at Door 1, JDC Square,
Bajada, Davao City, where it may be served with summons
and other legal processes;
3. On October 26, 2014, at around 6:30 AM, Plaintiff boarded
Bus No. 1357 with plate no. 246 owned and operated by the
Defendant, and sat at the first seat behind the driver;
4. The Plaintiff noticed the bus driver talking over a cellular
phone while driving;
5. The Plaintiff told the driver to end the call and focus on driving,
but the driver dismissed the Plaintiff’s remark ;
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6. At about 6:40 AM, and while the driver was still on the phone,
the bus collided with a KB Hino Cargo Truck at the intersection
of Sandawa Road and MacArthur Highway, Matina, Davao
City;
7. As a result of the collision, the Plaintiff suffered physical
injuries and incurred hospital expenses amounting to THREE
HUNDRED FIFTY SEVEN THOUSAND AND EIGHT
HUNDRED FIFTY (Php357,850.00) PESOS;
8. The Plaintiff, who was employed as a utility man at Bahay na
Walang Hagdan Inc., earning a daily wage of THREE
HUNDRED EIGHTY (Php 380.00) PESOS, was confined in
the hospital and wasconsequently unable to work for more
than thirty (30) days;
9. Despite repeated demands of Plaintiff for reimbursement of
his hospital expenses from October 28 to November 30, 2014,
Defendant failed, neglected and refused to fulfill his
obligations without just and valid grounds to the prejudice of
plaintiff;
10. The Plaintiff was compelled to hire the services of a legal
counsel to enforce his rights; and
11. The Plaintiff suffered mental anguish, sleepless nights, and
serious anxiety, as a result of the collision.
PRAYER
WHEREFORE, premises considered, it is hereby respectfully
prayed before the Honorable Court to render decision in favor of
Plaintiff and order the Defendant to pay the following:
1. The sum of THREE HUNDRED FIFTY SEVEN THOUSAND
AND EIGHT HUNDRED FIFTY (Php 357,850.00) PESOS for
actual damages;
2. The sum of THIRTEEN THOUSAND AND THREE HUNDRED
(Php 13,300.00) PESOS for unrealized income;
3. The sum of FIFTY THOUSAND (Php 50,000.00) PESOS for
moral damages;
4. The sum of FIFTY THOUSAND (Php 50,000.00) PESOS for
exemplary damages;
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5. The sum of FIFTY THOUSAND (Php 50,000.00) PESOS for
attorney’s fees; and
6. Other relief or remedies as may be deemed just and equitable
under the premises are likewise prayed for.
City of Davao, Philippines, January 12, 2019.
For
NA PHI ANG
Plaintiff
JC BUDA & ASSOCIATES LAW OFFICE
rd
3 Door, Aurillo Building, Tavera Business Center
Bajada, Davao City
Tel. No. (085) 400-9702
By:
ATTY. KAMILLE LIZA M. BUHAY
PTR No. 24454545; 01/04/19; Davao City
IBP Lifetime Roll No. 014444
Roll of Attorneys Number 954456
MCLE Certificate of Compliance No.: IV-00144444
Issued on 06-06-18 at Pasig City
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VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING
I, Na Phi Ang, of legal age, Filipino citizen, and residing at Lot 2
Block 3, Juna Subdivision, Matina, Davao City, after having been duly
sworn in accordance with law, depose and state that:
1. I am the plaintiff in the above-stated case;
2. I have caused the preparation of the foregoing complaint,
and I attest to the veracity of all the allegations stated herein;
3. I have read and understood all the allegations, and that I
attest to the authenticity and veracity of all the documents
attached herein as based on existing and authentic records;
4. I further certify that I have not commenced any action or filed
any claim involving the same issues in any court, tribunal,
or quasi-judicial agency and to the best of my knowledge, no
such other action or claim is pending therein; and
5. Should I thereafter learn that the same or similar action or
claim has been filed or is pending, I shall report that fact
within five (5) days therefrom to the Court wherein my
aforesaid complaint or initiatory pleading has been filed.
IN WITNESS WHEREOF, I have hereunto affixed my hands this
12th day of January 2019 at Davao City, Philippines.
NA PHI ANG
Affiant
SUBSCRIBED and SWORN TO before me this 12th day of
January 2019 at Davao City, Philippines, affiant exhibiting to me his
Unified Multi-Purpose ID No. 12345 issued on 20th day of March 2010
at Davao City, Philippines.
Doc. No. _ 5 ; ATTY. CELESTE JUNE R. CEBALLOS
Page No. __2 ; Notary Public
Book No. __ 1 ; Commission Expires on December 31,
Series of 2019. 2019
PTR No. 3111206; 01/03/19; Davao City
IBP O.R. No. 899999; 01/15/19; Davao City
Roll of Attorneys No. 711111
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MCLE Certificate of Compliance No. IV-
0011111
Issued on 06-15-2018 at Pasig City
