Republic of the Philippines

REGIONAL TRIAL COURT

Seventh Judicial Region
Branch 8, Cebu City

Sps. FILOMINO AVISO and

FILOMINA AVISO,
Plaintiffs,

-versus
Civil Case No. 1234567-
OT9

FOR: Damages

Paolo Ololo and Southern

Bus Line Company,
Defendants.
x---------------------x

COMPLAINT

PLAINTIFFS, by and through the undersigned counsel

and unto this Honorable Court most respectfully allege
that:

1. The Plaintiffs Filemon and Filemona Aviso

are spouses, both Filipino, of legal age and residents
of Avalon Condominium, Cebu City.

2. The Defendant Southern Bus Line Company is

a domestic corporation duly organized under the laws of
the Philippines engaged in the business of land
transportation of passengers and goods and a holder of
certificate of public convenience with principal place
of business at 123 Luzon Avenue, Cebu City, Philippines,
where it may be served with summons and other court
processes. A copy of the certificate of public
convenience is hereto attached as Annex “A”;

3. The Defendant Paolo Ololo is a Filipino, of

legal age, married and a resident of ABC Street, Cebu
City. Defendant Ololo may be served with summons and
other court processes in the said address;

4. On June 26, 2019, at about 11:40 in the

morning, a passenger bus with plate number YHS 189 owned
and operated by Southern Bus Line Company and driven by
Paolo Ololo departed from its bus terminal on its way to
its destination at Cebu City Southern bus terminal.
Plaintiff boarded the said passenger bus at San Fernando,
Cebu to its destination in Cebu City for a business
meeting;

5. While navigating along the portion of South

National Highway in Cebu, a passenger bus with plate
number XYZ 651 owned and operated by Partak Bus Company
and driven by Juan Ablog, coming from an opposite
direction swiftly swerved to enter the Highway lane,
thereby colliding with the Southern Passenger bus;

6. Because of the great impact, plaintiff

suffered physical injuries for which he was treated and
confined at Chong Hua Hospital, in Cebu City, incurring
hospitalization and medical expenses amounting to a sum
of four hundred thousand pesos (P 400, 000.00). The copy
of the official receipts issued by Chong Hua Hospital,
Doctor Mary Adrienne Cañete, Doctor Felicia Diane Mancao,
Doctor Lovely Dawn Tesorio and Mercury Drugs as Annexes
“B”, “C”, “D”, “E”, respectively and made an integral
part hereto;
 7. By reason thereof, the defendant Paolo Ololo
and Southern Bus Company is liable for quasi-delict.

8. The defendant Southern Bus is liable for

quasi-delict because they are the employer of defendant
Paolo Ololo. Likewise, defendant Southern Bus is the
owner and operator of Northern passenger bus wherein the
negligent acts were committed. Defendant Southern Bus
failed to prevent the damage, injury and unnecessary
expenses suffered by plaintiff through the fault or the
negligence of its employee driver defendant Paolo Ololo.

9. Defendant Paolo Ololo as a driver of the

Southern passenger’s bus are also 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.

10. In contravention of these duties, defendant

Paolo Ololo exhibited lack of skill and diligence in
driving the 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 and resulted in substantial
expenses on his part.

11. Plaintiff caused the sending of separate

letters dated 19 July 2019 to the defendants, asking them
to communicate with plaintiff’s 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.
The copies of the letters are hereto attached as Annexes
“F” and “G”;
 12. However, instead of heeding the polite
demands of the plaintiff, the defendants, simply ignored
to entertain plaintiff’s just demands in his letter.
Thus, the plaintiffs seek the assistance of this
Honorable Court.

DAMAGES

13. As a result of defendants’ fault or

negligence constituting quasi-delict, they are liable to
plaintiff for damages.

14. 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.

15. Consequently, plaintiff incurred loss of

earnings because of the injuries suffered from the
incident. Plaintiff 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.

16. Plaintiff 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
attorney’s 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.
 17. 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
on this Honorable Court, after due hearing, to adjudge
defendants Paolo Ololo and Northern Line Bus Company
jointly and severally, to pay the plaintiff the
following:
1) Seven Hundred Thousand Pesos (Php
700,000.00) as actual or compensatory damages
representing the hospitalization and medical expenses of
the plaintiff;
2) Five Hundred Thousand Pesos (Php500,000.00)
for loss of earning and income;
3) Four Hundred Thousand Pesos (Php 400,
000.00) for moral damages;
4) Five Hundred Thousand Pesos (PhP 500,000.00)
for attorney’s fees and One Hundred Thousand Pesos (100,
000.00) for litigation expenses;
5) Other just and equitable reliefs are,
likewise, prayed for.

RESPECTFULLY SUBMITTED this 17 February 2020 at Cebu

City, Philippines
 FILOMINO AVISO and FILOMINA AVISO
Plaintiffs

Assisted by:

CALVIN KLEIN AND RONNIE EMMANUEL ASSOCIATES

Mindanao Avenue, Cebu Business Park, Cebu City

JURAT and CERTIFICATION

I, FILOMINO AVISO, 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 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 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

17 February 2020 at Cebu City, Philippines.

SUBSCRIBED AND SWORN TO before me a Notary Public,

for and in the City of Davao, the affiant, Filomino Aviso
exhibited to me her current and unexpired driver’s
license numbered L02-123456 valid until May 12, 2021,
bearing her photograph and signature as competent proof
of her identity.

REYNA ANGELI L. PESQUIRA

Notary Public

CINDY SORIANO
Doc No.: 50 Notary Public for La Union

Page No.10 Notarial Commission No. 123-

2012
Book No.II
PTR No. 123456; 01-02-13;D.C.
Series of 2016.
IBP Life Member Roll 12348
MCLE Compliance No. III-
123459; 01-10-2012
Issued at Manila City