REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
MARALIKINA CITY
BRANCH ___

SPOUSES EJ AND LET SUAREZ,

Plaintiff,

CIVIL CASE NO.

______
-versus- For: DAMAGES
BASED ON QUASI-
DELICT AND
BREACH OF
CONTRACT OF
CARRIAGE

DAN FENIS AND KEINTH MASANGCAY

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

COMPLAINT FOR DAMAGES

Plaintiffs thru counsel, and unto this Honorable Court,

respectfully manifest:
I. PARTIES

1. That plaintiff Let Suarez, 48 years old and Ej Suarez, 48

years old, both married and resides at No. 143
Mayforever St., Jokelang Subdivision, Libis, Quezon City.

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2. That defendant Dan Fenis, 32 years old, an engineer,
single, resides at No. 621, Lilac St., Bulaklakan Village,
Lower Antipolo, Antipolo City;

3. That Defendant Keinth Masangcay, 45 years old, jeepney

driver, married, resides at No. 777, Kamote St., Brgy.
Kaimito, Tondo, Manila.

II. THE FACTS

4. On or about May 11, 2019 at about two o’clock in the

morning, Dan Fenis was negligently speeding on his
Honda Civic bearing the plate number KDF 123, along
Marcos Highway, within the territorial jurisdiction of
Marikina City, collided with great force against a
passenger jeepney driven by Keinth Masangcay.

4.a Dan Fenis was driving at the speed of 60kph to

70kph as stated in the police report attached
(EXHIBIT “”), which is over the speed limit along
Marcos Highway.

4.b Dan Fenis was driving under the influence of

alcohol as stated in the police report attached as
(EXHIBIT “”).
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5. Defendant Keinth Masangcay, driver of the passanger
jeepney bearing the plate number of GTF 678, in which
the plaintiffs’ daughter, Shiela Suarez, 26 years old,
single and the breadwinner of the family, was a
passenger thereof.

5.a Defendant, Keinth Masangcay, hastily and

negligently made a sharp left turn in an abrupt
attempt to make an illegal “u-turn” as stated in the
police report attached with a sketch of the accident
(EXHIBIT “”).

5.b Defendant, Keinth Masangcay, was driving, at

the time when the accident happened, with no valid
driver’s license as required by law, as indicated in
the police report attached. (EXHIBIT “”)

6. That because of the negligence of the defendants a strong

impact occurred as a result of the collision of the vehicles
driven by both defendants.

6.a Both the jeepney and the Honda Civic had

significant damages due the said collision;

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 6.b Some passengers of the jeepney were thrown
off the jeepney and causing them to hit the concrete
surface of the highway.

6.c That defendant, Dan Fenis, smashed his face

against the windshield of his car causing it to
shatter which resulted minor injuries to the said
defendant.

6.d That because of the negligence of Dan Fenis

and the failure to exercise extraordinary diligence,
of Keinth Masangcay, as a common carrier, the
plaintiffs’ daughter, Shiela Suarez, who was on her
way home from work, was thrown off balance,
causing her, to bump her head and face against the
concrete barrier along the highway.

6.e The accident from the collision from the two

vehicles driven by the defendants caused an
internal bleeding in the brain of plaintiffs’ daughter,
Shiela Suarez, due to severe concussion, which led
to her death eventually.

7. That by reason thereof, the plaintiff Spouses EJ and

Let Suarez suffered not only financially for their
daughter’s funeral expense and the great loss of their
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 family’s source for daily sustenance but also mental
anguish, serious anxiety, and moral shock due to the
unfortunate death of their loving and sweet daughter,
Shiela Suarez, because of the said accident.

8. That plaintiffs had suffered actual damages for

funeral expense, as evidenced by the receipt attached
herein (EXHIBIT), in the sum of THIRTY FOUR
THOUSAND AND TWO HUNDRED THIRTY EIGHT PESOS
(P34,238.00);

9. That plaintiffs, by reason of the death of their

daughter, Shiela Suarez, the breadwinner of the family, is
suffering financially due to the deceased’s unearned
income to the extent of not less than NINE HUNDRED
THOUSAND PESOS (P900,000.00);

10. That plaintiff Spouses EJ and Let Suarez is

suffering moral damages for their mental anguish, fright,
serious anxiety, and wounded feelings because of the
death of their adoring and cheerful daughter, Shiela
Suarez, in the amount of FIVE HUNDRED THOUSAND
PESOS (P500, 000. 00).

11. That by way of example and to serve as correction

for the public good, defendants, Dan Fenis and Keinth
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 Masangcay are liable for exemplary damages in the
amount of FIVE HUNDRED THOUSAND PESOS (P500,
000. 00) in favor of plaintiff Spouses EJ and Let Suarez.

12. That prior to the filing of this complaint, the

plaintiffs through counsel, had written to defendants,
Dan Fenis and Keinth Masangcay, that it is their legal
duty to make good at least the actual damages suffered
by the plaintiffs, but both defendants ignored plaintiffs’
request for an extrajudicial settlement, such that the
plaintiffs were compelled to go to court for redress of
their grievances;

13. That in being compelled to litigate, plaintiffs were

obliged to hire the services of a lawyer who is entitled to
attorney’s fees in the amount of FIFTY THOUSAND
PESOS (P50,000.00) and other litigation costs in the
amount of not less than ONE HUNDRED THOUSAND
PESOS (P100,000.00);

III. PRAYER

WHEREFORE, IN VIEW OF THE FOREGOING, plaintiffs

through counsel pray this Honorable Court, after due hearing,
to adjudge defendants Dan Fenis and Keinth Masangcay,
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jointly and severally, to pay the following to Spouses EJ and
Let Suarez:

1. Actual damages of NINE HUNDRED THIRTY

FOUR THOUSAND AND TWO HUNDRED
THIRTY EIGHT PESOS (P P934,238.00);

2. Moral damages of FIVE HUNDRED

THOUSAND PESOS (P500,000.00);

3. Exemplary damages of FIVE HUNDRED

THOUSAND PESOS (P500,000.00);

4. Attorney’s Fees of FIFTY THOUSAND PESOS

(P50,000.00);

5. Litigation Costs of ONE HUNDRED

THOUSAND PESOS (P100, 000.00).

or total damages for both plaintiffs in the sum of ONE

MILLION ONE HUNDRED EIGHTY FOUR THOUSAND TWO
HUNDRED THIRTY EIGHT PESOS (P1,184,238.00), with legal
interest from the date of filing this suit, plus costs of suit, and
such other remedies as may be just and equitable in the
premises.
All other just and equitable reliefs are also prayed for.
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 Marikina City, Philippines, this 23rd day of May, 2019.

ABCEDEE ZYX
Counsel For Petitioners
Unit 15, Echos Commercial Complex, Eastwood, Libis, Quezon
City
IBP Lifetime No.2080203; Quezon City
PTR No. 2080203; July 14, 2020, Quezon City
Roll of Attorney No. 2080203
MCLE Compliance No. 1111111

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

We, EJ and LET SUAREZ, both of legal age, do hereby state that:
we are the plaintiffs in the complaint entitled COMPLAINT FOR
DAMAGES BASED ON QUASI-DELICT AND BREACH OF CONTRACT OF

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CARRIAGE and in such capacity, caused this complaint to be prepared;
we have read its contents and affirm that they are true and correct to the
best of our own personal knowledge; we hereby certify that there is no
other case commenced or pending before any court involving the same
parties and the same issue and that, should we learn of such a case, we
shall notify the court within five (5) days from our notice.

IN WITNESS WHEREOF, we have signed this instrument on May

23, 2019.

EJ SUAREZ LET SUAREZ

SUBSCRIBED AND SWORN TO before me in the City of Quezon on

this 23rd day of May 2019, affiants exhibiting before me their
identification:

EJ Suarez SSS No. 123456 Issued on July 21, 2014, Marikina

City
Let Suarez SSS No. 654321 Issued on April 4, 2013, Marikina
City

MARY GRACE M. VILLANUEVA

NOTARY PUBLIC
Commission Expires on December 31, 2020
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 IBP Lifetime No.2080070; Taguig City
PTR No. 2080070; April 14, 2020, Taguig City
Roll of Attorney No. 2080070
MCLE Compliance No. 2222222

Doc. No. 2
Page No. 1
Book No. I
Series of 201

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