Republic of the Philippines

REGIONAL TRIAL COURT

Fourth Judicial Region
Branch 55, Lucena City

HANNA DESEMBRANA,
Plaintiffs,

-versus Civil Case No. _______

JAYROM CARABIDO and FOR: DAMAGES

JACK and POY BUS LINER,

Defendants.
x--------------------------------------x

COMPLAINT

PLAINTIFFS, by and through the undersigned counsel and unto this

Honorable Court most respectfully allege that:

1. The Plaintiffs John and Hanna Desembrana are spouses,

both Filipino, of legal age and residents of 108 Gomez St., Lucena City,
Quezon Province, Philippines.

2. The Defendant Jack and Poy Bus Liner 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 640
Quezon Avenue, Lucena 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 Jayrom Carabido is a Filipino, of legal
age, married and a resident of 34 Leon Street, Lucena City, Quezon
Province, Philippines. Defendant Carabido may be served with summons
and other court processes in the said address;

4. On March 10, 2019, at about 6:40 in the morning, a

passenger bus with plate number IPU 246 owned and operated by Jack
and Poy Bus Liner and driven by Vicente Fabrero departed from its bus
terminal at Grand Terminal, Lucena City on its way to its destination at
Pasay, Manila bus terminal. Plaintiff boarded the said passenger bus at
Grand Terminal, Lucena City, Quezon to its destination in Manila for a
business meeting;

5. While navigating along the portion of Maharlika Highway,

a passenger bus with plate number 3110 owned and operated by the
defendant Jack and Poy Bus Liner and driven by defendant Vicente
Fabrero, coming from an opposite direction swiftly swerved to enter the
Maharlika Highway lane, thereby colliding with the Southern Passenger
bus;

6. Because of the great impact, plaintiff suffered physical

injuries for which she was treated and confined at Lucena United Doctors
Hospital in Lucena City, Quezon, 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 Lucena United Doctors
Hospital, Doctor Khristine Arellano, and Mercury Drugs as Annexes “B”,
“C”, “D”, “E”, respectively and made an integral part hereto;

7. By reason thereof, the defendant Vicente Fabrero and his

employer is solidarily liable for quasi-delict.

8. The defendant Jack and Poy Bus Liner is liable for quasi-
delict because they are the employer of defendant Vicente Fabrero.
Likewise, defendant Jack and Poy Bus Liner as the owner and operator of
the bus who committed the negligent act. Defendant Jack and Poy Bus
Liner failed to prevent the damage, injury and unnecessary expenses
suffered by plaintiff through the fault or the negligence of its employee
driver defendant.

9. Defendant Vicente Fabrero as a driver of the Jack and

Poy Bus Liner 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 Vicente

Fabrero 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 her part.

11. Plaintiff caused the sending of separate letters dated 10

May 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 she
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

Hanna Desembrana 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 6 August 2019 at Lucena City,
Quezon, Philippines.

HANNA DESEMBRANA
Plaintiff

Assisted by

REYNOSO AND REYNOSO LAW OFFICE

319-A, 3rd floor, Diocesan Center, Gomez Street, Lucena City, Quezon,
Philippines.
e-mail: HEADlawoffices@gmail.com
telephone number: 082-296-178

CERTIFICATION OF NON- FORUM SHOPPING

I, HANNA DESEMBRANA, after having been sworn to in accordance

with law hereby depose and say THAT:
 1. I am the plaintiff 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 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 6, August

2019 at Lucena City, Quezon, Philippines.

SUBSCRIBED AND SWORN TO before me a Notary Public, for and

in Lucena City, the affiant, Hanna Desembrana exhibited to me her current
and unexpired driver’s license numbered L02-123456 valid until May 1,
2020, bearing her photograph and signature as competent proof of her
identity.

ADRIEL REYNOSO
Notary Public for Lucena

Doc No.: 80 Notarial Commission No. 123-2019

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