Action For Damages Based On Quasi Delict

Republic of the Philippines
REGIONAL TRIAL COURT

Eleventh Judicial Region
Branch ___, Butuan City
,
Plaintiff,
Civil Case No. _____________
-versus FOR: Damages based on Quasi
Delict
RODEL B. BEGASO
LEONILO A. ALDONANZA
and NILO FUNERAL HOMES,
Defendants.
x--------------------------------------x
COMPLAINT FOR DAMAGES
PLAINTIFFS, by and through the undersigned counsel and unto this

Honorable Court most respectfully allege that:
1. (Plaintiffs’ personal circumstances).
2. Defendant Nilo Funeral Homes is a sole proprietorship duly

registered in Butuan City, owned by Leonilo Aldonza, and engaged in the
business of providing interment and funeral services for the dead and their
families, with principal place of business at Ochoa Avenue, Brgy. Limaha,
Butuan City/Brgy. Luna, Surigao City, Surigao del Norte, where it may be served
with summons and other court processes. A copy of the certificate of business
registration is hereto attached as Annex “_____”;
3. Defendant Leonilo Aldonanza is a Filipino, of legal age,

married and a resident of Holy Cross Village, Luna, Surigao City, Philippines.
Defendant Aldonanza may be served with summons and other court processes
in the said address;
4. Defendant Rodel B. Begaso is a Filipino, of legal age, married
and a resident of Nilo Funeral Homes, Ochoa Avenue, Butuan City where he may
be served with summons and other court processes;
5. Defendant Rodel B. Begaso is an employee of Nilo Funeral

Homes and the authorized driver of Hyundai Starex registered under the name
of Leonilo Aldonanza;
6. On June 29, 2019, at about 9:45 in the evening, Ralph

Laurence Amper, Isabel Moca Datchile, Tessie Sanchez Cahapay, Nelfa Celmar
Correos, Johnfel Sag-od Antong, Marvin Tumambad, Leadel Nolasco Perez, Kyle
Sag-od, and Apple Grace Forenas Casinillo boarded a red Mitsubishi Adventure
with plate number GDL 768 registered under Pedro S. Griar and driven by Roel
Uriarte Griar, on their way to Butuan City from Bayugan;
7. While said Mitsubishi Adventure is on a stop at corner

Amamaylan, Brgy. Baan Km. 3 to maneuver westward, a speeding white
Hyundai Starex with plate number KFM 923 registered under defendant
Leonilo Aldonza and driven by defendant Rodel B. Begaso bumped the former
vehicle’s side in a reckless and negligent manner, throwing the Mitsubishi
Adventure with so much force to a nearby stationary Mitsubishi Canter, with
plate number ABT 8596 registered under Marumi Subic Trading Corporation.
Copies of the Certificate of Registration of the Mitsubishi Adventure, Hyundai
Starex and Mitsubishi Canter are attached herewith as Annex “__” respectively,
and made and integral part hereto;
8. The massive impact of the collision resulted to the death of

five (5) of the passengers of the Mitsubishi Adventure, namely, Tessie Sanchez
Cahapay, Johnfel Sag-od Antong, Apple Grace Forenas Casinillo, Leadel Nolasco
Perez, and Roel Uriarte Griar;
9. Due to the sheer force of the collision, the rest of the

passengers of the said vehicle, namely, Isabel Moca Datchile, Nelfa Celmar
Correos, Marvin Tumambad, and Kyle Sag-od suffered from serious physical
injuries, for which they were treated and confined at Butuan Medical Center,
incurring hospitalization and medical expenses amounting to the sum of Php
___________. A copy of the receipts issued by Dr. ______________ are hereby attached
as Annex “___”, “___” “___” and made an integral part hereto;
10. As a result of the collision, the plaintiff’s vehicle sustained
damage estimated to cost Php _______ for repairs;
11. Upon investigation by PSSg Abellanosa and PSSg Abao, the

investigating officers of the accident, they found out that defendant Begaso was
driving its motor vehicle too fast and under intoxication from alcohol, as shown
in Traffic Accident Report Form, herein attached as Annex “__”;
12. By reason of the reckless and negligent manner by which the

driver operated the vehicle, the defendant Rodel B. Begaso, his employer Nilo
Funeral Homes, and Leonilo Aldonanza are liable for quasi-delict;
13. The defendant Nilo Funeral Homes is primarily and

principally liable for quasi-delict because as the employer of defendant Rodel
Begaso, it failed to prevent the damage, injury and unnecessary expenses
suffered by plaintiffs through the fault or the negligence of its employee driver
defendant Rodel Begaso;
14. Likewise, defendant Leonilo Aldonanza is registered owner

of the Hyundai Starex wherein the negligent acts were committed;
15. Defendant Rodel Begaso as a driver of the Hyundai Starex is

also liable for quasi-delict because he exhibited gross negligence, lack of skill
and want of care in driving the vehicle which directly caused death, serious
injuries, damage to property, and other costs of substantial amount on the part
of the plaintiffs;
16. In order to vindicate their rights, the plaintiffs were

compelled to litigate, and for which purpose, engaged the services of the
undersigned counsel for a fee of Php _________ for which the defendant should be
liable, including the costs of suit.
DAMAGES
17. As a result of defendants’ fault or negligence constituting

quasi-delict, they are liable to plaintiff for damages.
18. Because of the incident, defendants are liable for the actual
damages covering funeral/burial expenses of the dead victims and for
hospitalization/medical expenses of the victims who suffered serious physical
injuries amounting to a total of ___________, as shown by receipts hereto attached
as Annex “___”, and made integral parts hereto;
19. Due to the death of the four passengers of the plaintiff’s

vehicle, defendants are liable for death indemnity in the amount of Two
Hundred Thousand Pesos (Php200,000.00), Fifty Thousand Pesos
(Php50,000.00) for each of the said passengers;
20. In addition to the death of the four passengers and serious

physical injuries inflicted to the rest, plaintiffs have also suffered and are still
suffering mental anguish, severe anxiety and psychological torture caused by
the incident. They have been suffering from sleepless nights and tormented by
financial expenses which could have been avoided, thereby entitling them to
moral damages in the amount of at least Four Hundred Fifty Thousand Pesos
(Php450,000.00), Fifty Thousand Pesos (Php50,000.00) for each of the
passengers;
21. Due to the death of the four passengers, namely _____________,

who at the time of death are already gainfully employed, plaintiffs are entitled
to damages for loss of earning capacity amounting to ______________;
22. Consequently, plaintiffs incurred loss of income because of

the injuries suffered from the incident. Plaintiffs ____________ is employed as
____________ and he had to stop working for ______ months thereby losing potential
income in the amount of at least _____________ Thousand Pesos
(Php_________,000.00), representing unrealized profits/salary;
23. Due to the defendant’s gross negligence, plaintiffs are

entitled for exemplary damages amounting to Four Hundred Fifty Thousand
Pesos (Php450,000.00), Fifty Thousand Pesos (Php50,000.00) for each
passenger;
24. In order to vindicate their rights, plaintiffs had no other
recourse but to hire a lawyer and pursue legal action. In the process, they spent
for attorney’s fees in the amount of at least ____________ and other legal expenses
in the amount of at least ____________.
PRAYER
WHEREFORE, PREMISES CONSIDERED, plaintiffs, through the
undersigned counsel most respectfully pray on this Honorable Court, after due
hearing, to adjudge defendants Rodel B. Begaso, Leonilo Aldonanza and Nilo
Funeral Homes jointly and severally, to pay the plaintiff the following:
1) _________________ Thousand Pesos (Php ____,000.00) as actual or

compensatory damages representing the funeral and hospitalization and
medical expenses of the plaintiff;
2) Two Hundred Thousand Pesos (Php200,000.00) as death
indemnity;
3) Four Hundred Fifty Thousand Pesos (Php450,000.00) for
moral damages;
4) ___________________ Pesos (Php _______, 000.00) for loss of
earning capacity;
5) ___________________ Pesos (Php _______,000.00) for loss of
income;
6) ___________________ Pesos (Php _______,000.00) attorney’s fees
and __________________ Pesos (Php _______, 000.00) for litigation expenses;
7) Other just and equitable reliefs are, likewise, prayed for.
RESPECTFULLY SUBMITTED this 8th day of July 2019 at Butuan City,

Philippines.
JUDERICK C. RAMOS
Counsel for Plaintiffs
__________________________
IBP No.
PTR No.
Roll No.
MCLE Compliance No.
JURAT and CERTIFICATION
I, ________________, after having been sworn to in accordance with law

hereby depose and say THAT:
1. I am one of the plaintiffs 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 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 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 8th day of July
2019 at Butuan City, Philippines.
Plaintiffs
SUBSCRIBED AND SWORN TO before me a Notary Public, for and in the
City of Butuan, the affiant, _______________ exhibited to me her______________________,
bearing her photograph and signature as competent proof of her identity.
Doc No.:
Page No.
Book No.
Series of 2019.

Action For Damages Based On Quasi Delict

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Republic of the Philippines

REGIONAL TRIAL COURT

COMPLAINT FOR DAMAGES

PLAINTIFFS, by and through the undersigned counsel and unto this

1. (Plaintiffs’ personal circumstances).

2. Defendant Nilo Funeral Homes is a sole proprietorship duly

3. Defendant Leonilo Aldonanza is a Filipino, of legal age,

5. Defendant Rodel B. Begaso is an employee of Nilo Funeral

6. On June 29, 2019, at about 9:45 in the evening, Ralph

7. While said Mitsubishi Adventure is on a stop at corner

8. The massive impact of the collision resulted to the death of

9. Due to the sheer force of the collision, the rest of the

11. Upon investigation by PSSg Abellanosa and PSSg Abao, the

12. By reason of the reckless and negligent manner by which the

13. The defendant Nilo Funeral Homes is primarily and

14. Likewise, defendant Leonilo Aldonanza is registered owner

15. Defendant Rodel Begaso as a driver of the Hyundai Starex is

16. In order to vindicate their rights, the plaintiffs were

17. As a result of defendants’ fault or negligence constituting

19. Due to the death of the four passengers of the plaintiff’s

20. In addition to the death of the four passengers and serious

21. Due to the death of the four passengers, namely _____________,

22. Consequently, plaintiffs incurred loss of income because of

23. Due to the defendant’s gross negligence, plaintiffs are

1) _________________ Thousand Pesos (Php ____,000.00) as actual or

RESPECTFULLY SUBMITTED this 8th day of July 2019 at Butuan City,

I, ________________, after having been sworn to in accordance with law

1. I am one of the plaintiffs in the above-entitled case;

2. I have caused the preparation and filing of the foregoing complaint,

3. Other than the foregoing complaint, I have not commenced any

4. If other than the foregoing complaint, I should learn that a similar

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