REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 101, Manila

HERCULES, MARY JOY, ALFRED, VINCENT, and

ELIZA, all Surnamed RAMOS
Plaintiff,
Civil Case No. 000882
- versus - For: Damages

TOPSTAR MIX READY CONCRETE, and

Jason Muleta
Defendants.

x ------------------------------------------------------------------------------------------------------------------ x

PLAINTIFF, by counsel, respectfully states that:

I. PARTIES
1. Plaintiff, Hercules Ramos, Filipino, 35 years old (Deceased) of 96 Maginoo St, Diliman
Quezon City; He is the head of the family. As he was driving the Honda Brio with license
plate No. AOA 3301 when the incident occurred.

2. Plaintiff, Mary Joy Ramos, Filipino 34 years old of 96 Maginoo St, Diliman Quezon City
Court; She was in the back of the driver seat when the accident occurred, she suffered major
injuries.

3. Plaintiff Children, Alfred, Vincent and Eliza all surnamed Ramos, all minors as evidenced
by their Birth Certificate, represented by their Mother, Mary Joy ramos. The children were
all in the car as well and suffered major injuries.

4. Respondent, Jason Muleta, filipino, 29 years old of __________. He is the driver of the
truck owneed by TopStar Mix ready Concrete that collided with the Honda Brio causing the
death of Hercules and injuries to his wife, Mary Joy and their children Alfred, Vincent and
Eliza.

5. Respondent, TopStar Mix Ready Concrete, a Domestic Corporation with an official

business adresss at ___________, Represented by its President, ______________, the owner
of the Cement Mixer truck and the meployer of Jason Muleta.
 II. Narration of Facts:
1. Evetns that transpired before and during the incident:
a.) The family aboard their Honda Brio, was driving along Mindanao Avenue to go to the
grocery store.
b.) The driver, Hercules was driving at a normal speed and was obeying all traffic rules. He
then signal to change lanes towards the left, to turn towards Congressional Ave.
c.) Once safely in the left most lane, A truck then suddently approached from behind in a
fast speed then hit the road island causing it to topple over, and crushed the Plaintiff’s
Honda Brio with the family inside.
d.) Several officers of the Bureau of Jail Management and Penology came to the aid of the
trapped family just outside BJMP, along with the other first respondents.
e.) Hercules, was pronounced dead in the hospitalwhil the rest of the family sustained
major injuries only.
2. Jason Muleta was identified as the driver of the Cement Mixer. He is empoyed to TopStar
Mix Ready Concrete. It Wwas found out that the truck lost its break causing it unable to
stop which led to its collision with the island which caused it to topple over and crush
plaintiff’s car.

III. Liability of Employer- TopStar Mix Ready Concrete.

1. That TopStar has been negligent in its selection of drivers and was remiss on its duty to
maintain the fitness of their employees to work
2. That Under the doctrine of vicarious liability or imputed negligence of its employee causing
injury.
3. Topstar, was negligent if or not mandatory his trucks In maintaining his good working
condition causing it to lose its breaks thus resulting to the incident which resulted in the
death of Hercules amd injury to the rest of the family.

IV. Damages sustained by the complaint.

1.) Civil Indemnity for the death of Hercules along with the injuries suffered by his Wife and
children.
2.) Unrealized Income of Hercules.
3.) Moral Damages
4.) Exemplary Damage
5.) Attorneyt’s fees
6.) Other relief’s available.
 PRAYER

WHEREFORE, premises considered, plaintiff respectfully prays that after trial, judgment be
rendered in favor of plaintiff and against defendant for the following:

1. To hold Topstar Mix Ready Concrete primarily liable for the damages result, from its
negligence:
a. Selecting his employees and malice
b. To award the damages and/or opther just and equitable reliefs are also prayed .

Manila City. September 2, 2017

LAW OFFICE
Counsel for Plaintiff
123 Pineapple St. Brgy. Apple, Manila
Tel. 998999

By:

ATTY.
Attorney’s Roll No. 12345
IBP No. 93333 / 01.09.2017
PTR No. 4449292 / 01.06.2017
MCLE III Comp. No. 91010 / 03.02.2017

JURAT

SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day

of _________________, affiant exhibiting before me his Government Issued ID no.
_______________ issued on __________________ at _____________________.

ATTY. NOLITO NOTARIO

Notary Public
Until January 3, 2018.
 Attorney’s Roll No. 12345
IBP No. 93333 / 01.09.2017
PTR No. 4449292 / 01.06.2017
MCLE III Comp. No. 91010 / 03.02.2017

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Page No.
Book No.
Series of 2017.
Republic of the Philippines)
Manila City ) S.S.

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, SETH DE GUZMAN, minor, Filipino, represented by my parents Jonel and Gerty De Guzman
with address at 638, Zone 666, Cagandahan Village, Tondo, Manila, after having been sworn to in
accordance with law, hereby depose and state that:

1. I am the plaintiff in the above-captioned case;

2. I have caused the preparation of the foregoing COMPLAINT and the allegations contained
therein are true and correct based on my own personal knowledge and on authentic records;


3. I have not commenced any action or filed any claim involving the same issues in any court,
tribunal or quasi--judicial agency and, to the best of my knowledge, no other action or claim
is pending in such other court, tribunal or quasi--judicial agency; and
4. If I should learn that the same or similar action or claim has been filed or is pending, I shall
report this fact within five (5) days therefrom to this Honorable Court. 


IN WITNESS WHEREOF, I have hereunto affixed my signature this 2nd day of September, 2017
at Manila City.

(Sgd.) SETH DE GUZMAN

JURAT

SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day

of _________________, affiant exhibiting before me his Government Issued ID no.
_______________ issued on __________________ at _____________________.

ATTY. NOLITO NOTARIO

Notary Public
 Until January 3, 2018.
Attorney’s Roll No. 12345
IBP No. 93333 / 01.09.2017
PTR No. 4449292 / 01.06.2017
MCLE III Comp. No. 91010 / 03.02.2017

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Page No.
Book No.
Series of 2017