Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Davao City

FE TUADLES,
Plaintiff,
CIVIL CASE NO. ________
-versus- FOR: DAMAGES

BONIFACIO CRUZ
Defendant.
x-----------------------x

COMPLAINT

COMES NOW, the plaintiff through the undersigned counsel,

and unto this Honorable Court, respectfully states:

1. That the plaintiff Fe Tuadles is of legal age, widow, and a

resident of 008 Pecan Drive, Phase 7, Ecoland Subdivision,
Ecoland, Davao City;

2. That the defendant Bonifacio Cruz is of legal age, married, and

a resident of #39 Acacia Street, Roldan Village, Ma-a, Davao
City;

3. That the defendant Bonifacio Cruz is the registered owner of a

Cimarron Jeepney bearing Plate No. LXX 349;

4. That on or about January 1, 2014, the abovementioned vehicle

met an accident while driven by one Aurelio Laxa, who
negligently and recklessly operated it at a fast speed that he lost
control of the vehicle while negotiating a curve causing it to
turn turtle, in which the husband of the plaintiff, Romeo
Tuadles, was in;

5. That because of the terrific impact, one of its passengers, Romeo

Tuadles, bumped his head against the front windshield of the
vehicle resulting in his death as evidenced by his Death
Certificate, hereto attached as Annex “A”;
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 6. That by reason of her husband’s death, the plaintiff Fe Tuadles
suffered sleepless nights, mental anguish, fright, serious
anxiety and moral shock, for which moral damages in the
amount of SIXTY THOUSAND PESOS (P60,000.00) is sought to
be claimed;

7. That the plaintiff had also suffered actual damages for the
funeral expenses, in the amount of EIGHTY FIVE THOUSAND
PESOS (P85,000.00) as evidenced by receipts, herein referred to
as Annex “B” and “B-1”;

8. That prior to the filing of this complaint, the plaintiff through

counsel, had written a demand letter to defendant Bonifacio
Cruz, to make good at least the actual damages suffered by her,
but said defendant denied liability;

9. That having been compelled to litigate for redress of her

grievance, plaintiff was obliged to hire the services of a lawyer
who is entitled to an attorney’s fees in the amount of FIVE
THOUSAND PESOS (P5,000).

PRAYER

WHEREFORE, IN VIEW OF ALL THE FOREGOING, plaintiff

through undersigned counsel pray before this Honorable Court, after
due hearing, to render decision in favor of the plaintiff and order the
defendant Bonifacio Cruz, to pay the following:

(1) Actual damages of EIGHTY FIVE THOUSAND PESOS

(P85,000.00);

(2) Moral damages of SIXTY THOUSAND PESOS (P60,000.00);

(3) Attorney’s fees of FIVE THOUSAND PESOS (P5,000);

Or total damages in the sum of ONE HUNDRED FIFTY

THOUSAND PESOS (P150,000.00), with legal interest from the date
of filing this suit, plus costs of the suit, and such other remedies as
may be just and equitable in the premises.

City of Davao, Philippines, January 27, 2018.

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 MIRANDA and ASSOCIATES LAW OFFICE
Suite 143, Plaza de Miranda
Buhangin, Davao City
Tel. No. (082) 227-1000

By:

ATTY. MEL CATHERINE MIRANDA

Counsel for the Plaintiff
Roll No. 88124; 5/11/2016
PTR No. 1234567-A, 1/3/2018; Davao City
IBP Member Roll No. 00890, 1/3/2018; Davao City
MCLE Compliance No. II-000456
For the 2nd Compliance
September 20, 2017, M.M.

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 CERTIFICATE OF NON-FORUM SHOPPING

I, Fe Tuadles, of legal age, widow, and a resident of 008 Pecan

Drive, Phase 7, Ecoland Subdivision, Ecoland, Davao City, under
oath, do hereby depose and states that:

1. I am the complainant in the said case;

2. I have caused the preparation of the same and I attest to the

veracity of all the allegations stated herein;

3. I have read and understood all the allegations herein 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 or filed any

claim involving the same issues herein with any other
court, tribunal or quasi-judicial agency or I am not aware of
any such other case or claim pending before any other
court, tribunal or quasi-judicial agency; and

5. Should I thereafter learn of the filing or pendency of such

similar action or claim, I will inform this Honorable Court
of such fact within five (5) days from knowledge thereof.

IN WITNESS WHEREOF, I have hereunto affixed my hands

this 27th day of January 2018 at Davao City, Philippines.

FE TUADLES
Affiant

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 SUBSCRIBED and SWORN TO before me this 27th day of
January 2018 at Davao City, Philippines, affiant exhibited to me her
Unified Multi-Purpose ID No. 12345 issued on 20th day of March 2013
at Davao City, Philippines.

ATTY. MEL CATHERINE MIRANDA

Commission No. 143
Expires on December 31, 2020
Miranda and Associates Law Office
Roll No. 88124; 5/11/2016
PTR No. 1234567-A, 1/3/2018; Davao City
IBP Member Roll No. 00890, 1/3/2018; Davao City
MCLE Compliance No. II-000456
For the 2nd Compliance
September 20, 2017, M.M.

Doc. No. _____

Page No. _____
Book No. _____
Series of 2018.