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Republic of the Philippines

REGIONAL TRIAL COURT


11th Judicial Branch
Branch 3
Nabunturan

BRIDGET ABAD Civil Case No. 12345678

Plaintiff, FOR: Damages and Attorney’s


Fees
-versus

METRO SHUTTLE BUS


COMPANY INC.,
Defendants.
x---------------------------------------x

COMPLAINT

COMES NOW, Plaintiff BRIDGET ABAD thru counsel, and unto


this Honorable Court, most respectfully avers THAT:

THE PARTIES

1. Plaintiff Bridget Abad, 47 years old, married to Jose Abad,


a resident of Monkayo, Compostela Valley Province and is the current
high school principal of Monkayo Comprehensive National High School
(MCNHS), Nabuturan Compostela Valley;

2. Plaintiff may be served with summons and other court


processes to its legal counsel at Arafol Law and Accounting Firm at 11th
Floor Royal Building, KGC, Phil-Japan Friendship Highway, Catitipan,
Davao City, Philippines;

4. Defendant Metro Shuttle Bus Company, a corporation


duly organized under the laws of the Philippines engaged in
transportation business with principal place of business at 3rd Floor
Glowing Corporation Center, Sta Cruz, Tagum City Philippines and is
the owner and operator of Metro Shuttle Bus Company passenger bus
143 with plate no. ABC 123;

5. Defendant Metro Shuttle Bus Company may be served with


summons and other court processes in the said mentioned address;

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Complaint
CAUSE OF ACTION

7. At about 8 am in the morning of 10 March, 2018, Plaintiff


Abad, boarded as a paying passenger of Metro Shuttle Passenger
Bus No. 143 with plate number ABC123 owned and operated by
Defendant Metro Shuttle Bus Company, navigating along the road of
Mawab, Compostela Valley bound to Abreeza Mall Terminal, Davao
City. ( See attached passenger ticket as Annex “A”)

8. Upon reaching the highway of Barangay Tuburan, Mawab,


a speeding Bachelor Express Bus with plate number EFG456 from
Tagum City, driven by Coco Martin and owned and operated by
Bachelor Express Bus Company, swiftly swerved to enter the Tuburan
Highway lane, thereby hitting the utmost left side of the Metro Shuttle
Bus where plaintiff Abad was seated. (See attached Traffic Accident
Report as Annex “B”)

10. Because of the great impact, Plaintiff Abad suffered serious


head injury and was rushed to Davao Doctors Hospital for an urgent
cranial surgery ( see attached Operation and Doctor’s Fee as Annex
“”C”) ;

11. Further, it became necessary for Abad to stay in the said


hospital for three (3) months for medication (See attached
Hospital Bills Annex “D”) and was likewise given a post-operative
prescription of ______________ amounting to Three Hundred
Thousand Pesos (Php 300,000.00) for seven (7) days. (See attached
medical prescription as Annex “E”)

12. Plaintiff incurred a total of Two Million And One Hundred


Thousand Pesos more or less for the operation and medical expenses.

13. Consequently, plaintiff also incurred loss of earnings and


income as she was not able to go to work as the high school principal
of Monkayo Comprehensive National High School and thereby lost her
salary amounting to forty seven thousand pesos (Php 47,000) per
month. (See attached pays lip and computation for loss of earning
capacity as Annex “F” )

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Complaint
14. On April 13 2018, plaintiff, through counsel, sent a demand
letter addressed to defendant Metro Shuttle Bus and its President
Arellano, for the reimbursement of the medical and operation she
expenses incurred. (See attached demand letter as Annex “G”)

15. On May 13 2018, plaintiff, through counsel, once again sent


a demand letter to defendant principal office address to defendant
Arellano for the same p a y m e n t of the expenses incurred by the
her. (See attached demand letter as Annex “H”). However, the
defendant disregarded and continued to disregard the said demand
and refused payment.

18. With defendant Metro Shuttle Bus continued refusal to


pay, plaintiff is constrained to refer the matter to the courts and
engage the services of the legal counsel to protect her rights and to
prevent further damage on her part. Plaintiff also seeks the payment of
attorney’s fees amounting to Fifty Thousand Pesos (Php50,000.00).

PRAYER

WHEREFORE, PREMISES CONSIDERED, plaintiff, through


the undersigned counsel most respectfully prays of this Honorable
Court, after due hearing, to adjudge defendant Metro Shuttle Bus
Company liable to pay the plaintiff the following:

i. Two Million and One Hundred Thousand Pesos (Php


2,100,000.00) as actual damages representing as follows :

1. Doctor’s Fee – One Million Pesos


(1,000,000 Php)
2. Hospital Bills- Eight Hundred
Thousand Pesos ( Php 800,000)
3. Medical Prescription – Three Hundred
Thousand Pesos( Php. 300,000)

ii. Six Million and Two Four Hundred Thousand Pesos (Php
6,204,000) for loss of earning and income;

iii. Fifty Thousand Pesos (Php50,000.00) for moral damages;

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Complaint
iv. Fifty Thousand Pesos (Php50,000.00) for exemplary
damages; and

v. Fifty Thousand Pesos (Php 50,000.00) for attorney’s fees.

RESPECTFULLY S U B M I T T E D t h i s July 14, 2 0 1 8 a t


Davao City, Philippines.

_
________________
BRIDGET ABAD
Plaintiff

Assisted by

A RAFOL
LAW and ACCOUNTING FIRM
11th Floor Royal Building Center,
KGC, Phil-Japan Friendship
Highway ,Catitipan,
Davao City, Philippines.
e-mail: arafolLAF@gmail.com
telephone number: 082-269-4321

By
MA. GLORIA TRINIDAD ARAFOL
Roll No. 65821
PTR No. 234567; 01-03-17 D.C.
IBP Life Member Roll 660786
MCLE Compliance No. III-335512; 01-11-2017
Issued at Davao City

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Complaint
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, BRIDGET ABAD, Filipino, of legal age, married, and a


resident of Nabunturan, Compostela Valley Province, after having
been sworn to in accordance with law hereby depose and say THAT:

1. I am the authorized representative of the plaintiff;

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


July 14, 2018 at Davao City, Philippines.

BRIDGET ABAD
Affiant
SUBSCRIBED AND SWORN TO before me this 14TH day of July
2018 at Davao City, Philippines, affiant exhibited to me his current and
unexpired driver’s license numbered L03-15678 valid until May 1, 2019,
bearing his photograph and signature as competent proof of her
identity.

Doc No.: 83 MA. GLORIA TRINIDAD S.


Page No.17 ARAFOL
Book No.II Notary Public for Davao City
Series of 2018. Notarial Commission No. 123-2017
PTR No. 345678; 01-02-17;D.C.
IBP Life Member Roll 85318
MCLE Compliance No. III-986655; 01-
10-2017
Issued at Davao City
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Complaint
“ANNEX A”

Passenger ticket no. 12346

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Complaint
“ANNEX B”

Republic of the Philippines


National Police Commision
PHILIPPINE NATIONAL POLICE
MAWAB POLICE STATION
E-mail:dcpo_ps3@yahoo.com Tel. No.084-233-0441

TRAFFIC ACCIDENT REPORT

I.WHERE: National Highway, Barangay Tuburan, Mawab , Compostela Valley


II. WHEN: March 10, 2018, 8:40 am, Wednesday
III. WHAT: Collision; Vehicle vs. Vehicle
IV. TYPE OF ACCIDENT: Fatal, Damage to Property
V. Number of Vehicles Involved: Two (2) vehicles

Vehicle # 1 Vehicle # 2
Type Passenger Bus Passenger bus
Plate No. ABC 123 CDE456
Name of Driver Zanjoe Marodo Coco Martin
Address Tagum City Davao City
Vehicle Owner Metro Shuttle Bus Bachelor Express Bus
Company Company
Address Tagum City Davao City
Damages Multiple

Facts of the Case:


Vehicle # 1 travelling along National Highway, Barangay Tuburan, Mawab ,
Compostela Valley when Vehicle # 2 from Tagum City swiftly swerved to enter the
Tuburan Highway lane, thereby hitting the passenger bus.

Disposition: For appropriate filing of charges.

Prepared by:
SPO1 Diosdado Laurel
PO3 Joseph Marcos

Approved by:
Ferdinand Estrada
Police Superintendent
Acting Chief of Police

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Complaint
“ANNEX C”
Doctor’s Fee Receipt

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Complaint
“ANNEX D”
Hospital Bills

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Complaint
“ANNEX E”

Medical Prescription

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Complaint
ANNEX “F”
Pay slip

Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Net Earning Capacity= Life Expectancy x (Gross Annual Income


less Necessary Living Expenses)

Loss Earning capacity = [ 2 (80-47)] x [ (47,000x12) – 282,000}


3

= 6,204,000

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Complaint
ANNEX “G”

A RAFOL
LAW and ACCOUNTING FIRM
11th Floor Royal Building Center,
KGC, Phil-Japan Friendship
Highway ,Catitipan,
Davao City, Philippines.
e-mail: arafolLAF@gmail.com
telephone number: 082-269-4321
_______________________________________________________________________

April 13, 2018

Andrew Arellano
President
Metro Shuttle Bus Company

RE: REIMBURSEMENT OF EXPENSES INCURRED FOR HOSPITALIZATON


AND MEDICATION

Mr. Andrew Arellano,

We are writing this letter in behalf of our client, Bridget Abad, on the matter
regarding the vehicular accident between your and our client’s respective vehicles to wit:

At about 8 am in the morning of 10 March, 2018, Ms Bridget Abad, boarded


as a paying passenger of Metro Shuttle Passenger Bus No. 143 and upon
r eaching the highway of Barangay Tuburan, Mawab, a speeding Bachelor Express
Bus with plate number EFG456 from Tagum City owned and operated by Bachelor
Express Bus Company, swiftly swerved to enter the Tuburan Highway lane, thereby
hitting the utmost left side of the Metro Shuttle Bus where plaintiff Abad was seated.

In view of the abovementioned accident, it became necessary for our client to engage
the services of mechanics and bus body works specialists to repair and restore the
passenger bus’ condition in order to be roadworthy again.
Consequently, our client demand of you the reimbursement of the incurred
expenses amounting to Two Million and One Hundred Thousand Pesos (Php 2,100,000.00)
which you may pay in cash or through our client’s account in BDO Unibank. (See attached
Official Receipt).
This serves our demand for you to settle the said amount within Fifteen (15) days
from receipt of this letter. Otherwise we will be constrained to file a necessary legal action
against you to protect the interest of our client.
We trust that you will give this matter your prompt and preferential attention to
avoid expense and inconvenience of litigation.

Atty. Ma. Gloria Trinidad S. Arafol

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Complaint
“ANNEX H”

A RAFOL
LAW and ACCOUNTING FIRM
11th Floor Royal Building Center,
KGC, Phil-Japan Friendship
Highway ,Catitipan,
Davao City, Philippines.
e-mail: arafolLAF@gmail.com
telephone number: 082-269-4321
________________________________________________________________________

May 13, 2018

Andrew Arellano
President
Metro Shuttle Bus Company

RE: REIMBURSEMENT OF EXPENSES INCURRED FOR HOSPITALIZATON


AND MEDICATION

Mr. Andrew Arellano,

We are writing this letter in behalf of our client, Bridget , on the matter regarding
the vehicular accident between your and our client’s respective vehicles to wit:

At about 8 am in the morning of 10 March, 2018, Ms Bridget Abad, boarded as a


paying passenger of Metro Shuttle Passenger Bus No. 143 and upon r eaching the
highway of Barangay Tuburan, Mawab, a speeding Bachelor Express Bus with plate
number EFG456 from Tagum City owned and operated by Bachelor Express Bus
Company, swiftly swerved to enter the Tuburan Highway lane, thereby hitting the utmost
left side of the Metro Shuttle Bus where plaintiff Abad was seated
In view of the abovementioned accident, it became necessary for our client to
engage the services of mechanics and bus body works specialists to repair and restore the
passenger bus’ condition in order to be roadworthy again.
Consequently, our client demand of you the reimbursement of the incurred
expenses amounting to Two Million and One Hundred Thousand Pesos (Php 2,100,000.00)
which you may pay in cash or through our client’s account in BDO Unibank. (See attached
Official Receipt).
This serves our Final Demand for you to settle the said amount within Five (5)
days from receipt of this letter. Otherwise we will be constrained to file a necessary legal
action against you to protect the interest of our client.
We trust that you will give this matter your prompt and preferential attention to
avoid expense and inconvenience of litigation.

Atty. Ma. Gloria Trinidad S. Arafol

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Complaint
“ANNEX I”

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Complaint