REPUBLIC OF THE PHILIPPINES

MOCK TRIAL COURT

FIRST JUDICIAL REGION
BRANCH _____
CITY OF BAGUIO

IVAN CHUA and QUEENCEL

MAE MASAOY-CHUA,
Plaintiff, Civil Case No. ______

-versus- For: Damages arising from

quasi-delict, Loss of
Earning Capacity, Actual,
Moral and Exemplary
Damages, Attorney’s Fees

PROJECT LUNTIAN INC.,

Defendant,
x-----------------------------------x

COMPLAINT

Comes now the plaintiffs, through the undersigned

counsel and unto this Honorable Court, most respectfully avers
that:

1. The plaintiffs, Ivan Chua and Queencel Masaoy-Chua

(Spouses Chua), of legal age, married, Filipino citizens,
and residents of #50 Lower Bonifacio St., Baguio City
are parents to Jurielle Dhave Chua, 17 years old, and a
second year student of Electrical Engineering at Saint
Louis University;

2. The defendant, Project Luntian Inc. (hereinafter referred

as PLI), is a private corporation duly existing and

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 organized under the laws of the Philippines with a
principal address at #23 Liyab Building, Lower Session
Road, Baguio City. PLI is dedicated to protecting the
environment and advocating for green legislation. It is
engaged in raising funds for the campaign on
environmental issues such as climate change,
deforestation among others and provides funding for
researches geared toward biodiversity.

3. On November 25, 2018, the defendant corporation

organized a fund raising marathon contest billed as
“Project Luntian: Takbo Para sa Kalikasan” along
Burnham Park- University of the Philippines- Baguio
General Hospital and to end at Kisad Road, wherein
anyone can participate upon payment of registration
fees and compliance of requirements. A map of the
marathon route is herein attached and marked as
“Annex A”;

4. Plaintiffs’ son applied to participate in the marathon

contest and after obtaining the written consent of his
parents, Spouses Chua, and complying with the
requirements, his application was accepted and was
given an official number and receipt which is herein
attached and marked as “Annex B”. An instruction
brochure was given to him upon qualifying which
includes the rules, route and other guidelines, one of
which provides that the runners should run against the
flow of vehicular traffic;

5. On the day of the marathon, Jurielle and the other

participants, majority of which are students of Saint
Louis University, gathered in Burnham Park and were
informed by Gaabriel Gay-yaso, event coordinator,
about the last minute change in the route of the
marathon with the end point of the race now at Military
Cut-off Road;

6. During the course of the race, the marshals, volunteers,

traffic patrolmen and barangay officials (hereinafter
called as cooperating agencies) charged in manning the
race were allegedly not overseeing its smooth and safe
operation inasmuch as:

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 a.) No rehearsal or dry run was allegedly conducted
with the cooperating agencies as a whole and as a
result, their members were scattered around the
perimeter with no specific area of assignments;

b.) There were no assignment of tasks given by PLI to

the cooperating agencies. In addition, no over-all
meeting was given by PLI to ensure coordination and
communication among and between the cooperating
agencies; and most especially, instructions on how to
ensure the safety of the young runners and to
minimize, if not avert, the risks of dangers during the
event;

c.) There were inadequate personnel to man the route

and PLI had no personnel of its own for that
purposes, aside from Gaabriel Gay-yaso who
stationed himself at the starting and ending points of
the route without coordinating or checking in with
any of the cooperating agencies, especially when
majority of those manning the race were mere
volunteers;

d.) The traffic patrolmen and barangay officials failed to

render traffic assistance as to ensure the safety of the
young runners who would be running alongside
moving vehicular traffic;

7. Nearing the BGH Flyover, while Jurielle was running,

he was hit from behind by a private vehicle running
along the route of the marathon causing him to fall and
hit his head;

8. As a result, Jurielle was brought immediately to Baguio

General Hospital by a concerned citizen, Albert Olarte.
However, despite medical attention given to him at the
hospital, he died later that same day due to severe head
injuries. A copy of the death certificate is herein
attached and marked as “Annex C”;

9. The negligence of PLI in failing to employ adequate

safety measures and efficient planning during the
marathon contest is the proximate cause of the injuries
suffered by Jurielle which ultimately led to his demise.
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 Thus, Plaintiffs are entitled to damages in the amount
of ONE HUNDRED FIFTY THOUSAND PESOS
(P150,000.00);

10. Because their son’s untimely death shattered his

bright future as an Electrical Engineer, the Plaintiffs’
claim the loss of earning capacity amounting to FIVE
HUNDRED TWENTY FIVE THOUSAND PESOS
(P525,000);

11. Due to the death of Jurielle, the Plaintiffs incurred

funeral and cremation expenses in the amount of ONE
HUNDRED TWENTY THOUSAND PESOS
(P120,000.00). A copy of the receipt is herein attached
and marked as “Annex D”;

12. The sudden death of Jurielle caused the plaintiffs

mental and psychological sufferings which would entitle
them to moral damages in the amount of ONE
HUNDRED THOUSAND PESOS (P100,000.00);

13. Likewise, to teach the defendant a lesson and as a

deterrent to all those who now and in the future be
similarly situated, defendant should be made to pay the
plaintiff, as exemplary damages, FIFTY THOUSAND
PESOS (P50,000.00);

14. As a result of the negligent act of the defendant, the

plaintiffs were constrained to hire to services of a lawyer
which they agreed to pay FIFTY THOUSAND PESOS
(P50,000) as attorney’s fees and TWO THOUSAND
PESOS (P2,000.00) as appearance fee;

15. The plaintiffs were forced to obtain the services of the

undersigned counsel in which they incurred litigation
expenses in the amount of TWENTY THOUSAND PESOS
(P20, 000).

PRAYER

Wherefore, premises considered, plaintiffs, through the

undersigned counsel, most respectfully prays on this Honorable

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Court, after due notice and hearing, to adjudge defendant,
Project Luntian Inc, to pay the plaintiff the following:

a) ONE HUNDRED FIFTY THOUSAND PESOS

(P150,000.00) as damages arising from quasi- delict;

b) FIVE HUNDRED TWENTY FIVE THOUSAND PESOS

(P525,000) as loss of earning capacity;

c) ONE HUNDRED TWENTY THOUSAND PESOS

(P120,000.00) as actual damages representing funeral
and cremation expenses;

d) ONE HUNDRED THOUSAND PESOS (P100,000.00) as

moral damages;

e) FIFTY THOUSAND PESOS (P50,000) as exemplary

damages;

f) FIFTY THOUSAND PESOS (P50, 000) as attorney’s fees,

TWENTY THOUSAND PESOS (P20, 000) as litigation
expenses and TWO THOUSAND PESOS (P2,000.00) as
appearance fee;

g) Other just and equitable reliefs are, likewise, prayed for.

RESPECTFULLY SUBMITTED this 25th day of January

2019 at the City of Baguio.

DG and ASSOCIATES LAW FIRM

Counsel for the Plaintiff
Room No. 3, 2nd Floor, BBCCC Building,
Cooperative St. Corner
Assumption Road, Baguio City
Email: dgandassociates@gmail.com

By:

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 (Sgd.)
Atty. Jorielle Dave G. De Guzman
Roll No. 180516
PTR No. 2221345, 10-5-20, Baguio City
IBP No. 561430, 11-12-22, Baguio City
MCLE Compliance No. 103714, 8-10-20

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REPUBLIC OF THE PHILIPPINES
DONE IN THE CITY OF BAGUIO
x----------------------------------------x

VERIFICATION AND CERTIFICATION AGAINST NON-

FORUM SHOPPING

We, Ivan Chua and Queencel Masaoy-Chua of legal age,

married, Filipino citizens, and residents of #50 Lower Bonifacio
St., Baguio City after having been duly sworn in accordance
with law, depose and state that:

1. We are the plaintiffs in the above-entitled case and have

caused the foregoing complaint to be prepared;

2. We have read and understood its contents which are true

and correct of our own personal knowledge and based on
authentic records;

3. We have not commenced any action or proceeding

involving the same issue in any tribunal or agency. To the
best of our knowledge, no such action or proceeding is
pending in any court, tribunal or agency. If we should
learn that a similar action or proceeding has been filed or
is pending before these courts, tribunals or agency, we
undertake to report that fact to the Court within five (5)
days from such notice.

In witness whereof, we have hereunto affixed our signature

this 25th day of January, 2019 in Baguio City, Philippines,

(Sgd.) (Sgd.)
Ivan Chua Queencel Masaoy-Chua
Plaintiff/ Affiant Plaintiff/ Affiant

SUBSCRIBED AND SWORN to before me this 25th day of

January 20198 in Baguio City, affiants, Ivan Chua and
Queencel Masaoy- Chua, exhibiting to me their Community Tax
Certificate No. 15478932 and 12984563 respectively, both
issued on January 1, 2019 in the City of Baguio.
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 (Sgd.)
Atty. Jorielle Dave G. De Guzman
Notary Public for Baguio City
Until January 1, 2023
Roll No. 180516
PTR No. 2221345, 10-5-20, Baguio City
IBP No. 561430, 11-12-22, Baguio City
MCLE Compliance No. 103714, 8-10-20

Doc. No._369__
Page No._74__
Book No._XIX__
Series of 2019

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Annex A

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Annex B

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Annex C

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Annex D

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