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Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 1, Quezon City


PEDRO BUHAY ,
Plaintiff,

-versus Civil Case: 123456
For: Damages
JUANCHO MAHUSAY,
Defendant.
.x-------------------------------x


TRIAL MEMORANDUM
For the Plaintiff

Plaintiff PEDRO BUHAY, through the undersigned counsel, unto
this Honorable Court, most respectfully submits this Memorandum and
states THAT:

STATEMENT OF FACTS:

In order that this Honorable court may be enlightend and guided in the
judicious disposition of the above-entitled case, cited hereunder the material,
relevant and pertinent facts of the case to wit:

1. Plaintiff is PEDRO BUHAY, is of legal age, single, and with
postal and residence address at No. 12 Primera St., Anonas,
Quezon City;

2. Defendant is JUANCHO MAHUSAY, is of legal age, married, and
with postal and residence address at No. 1 Yellow Bird Street,
Kamuning, Quezon City:

3. Plaintiff is the owner of the house located at No. 12 Primera St.,
Anonas, Quezon City and a Red Mazda 3 with plate number ABC
123;

4. Just before the incident, plaintiff was watching PBA games in their
living room together with his twelve year old brother. Suddenly,
they heard a loud crashing sound banging on their gate of their.
Plaintiff went outside to see what caused the crashing sound.
Plaintiff saw a blue car already inside their garage crashing on his
Red Mazda 3 and damaging also their gate. Plaintiff alleges that
on or about 11:00 PM of June 10, 2014, the Defendant Juancho
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Mahusay were driving his Blue Honda CRV with plate number
WXY-789 along Primera St., Anonas, Quezon City;

5. Plaintiff alleges that due to reckless and fast driving, the Defendant
loses control of his vehicle and hit the gate of the Plaintiff’s garage
damaging my Red Mazda 3 with plate number ABC-123 ;

6. Plaintiff immediately called the Quezon City Police Station-
Anonas Station for the spot report. Plaintiff also took pictures of
the incident on his cellular phone;

7. Right after the incident, the Defendant was brought to the Police
station and subjected to an alcohol test. It was proven that the
Defendant was drunk during the incident and medical record
issued by the PNP Crime Laboratory will prove such fact;

8. At the police station, the Defendant admits that he was the driver
and owner of car that caused damage to Plaintiff’s gate and Red
Mazda car parked inside their garage;

9. Plaintiff and Defendant agreed that the latter is willing to pay the
damages caused by the incident; it was also agreed upon by both
parties that the Plaintiff will give the defendant copy of the
estimate cost of the damage of the car and the gate after two days;

10. Plaintiff furnished the defendant the estimated cost of car repair
and the cost of installation of Plaintiff’s gate with the amount of
One Hundred Seventy Seven Thousand Pesos and Thirty Two
thousand pesos respectively; the Defendant agreed that he will pay
such amount on June 15, 2014;

11. Defendant failed to pay on June 15, 2014 despite the constant
reminder and calls from the Plaintiff;

12. A demand letter was sent to the Defendant on June 21, 2014 and
was received personally by the Defendant on the same date;
However despite of the demand letter sent and received by the
defendant, he still failed to settle his obligation;

13. According to the plaintiff, Defendants should be taught a lesson
entitling plaintiff exemplary damages in the amount of Fifty
Thousand Pesos (P 50,000.00);

14. Plaintiff was constrained to secure the services of the undersigned
counsel for an engagement fee and appearance fee.

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STATEMENT OF ISSUE

Whether or not the Defendant is liable to pay the actual damages,
exemplary damages and cost of suit.

ARGUMENTS
Plaintiff, by counsel, respectfully presents the following
arguments:
That Mr. Juancho Mahusay should be held liable for actual damages,
he was negligent in driving and was proven to be drunk during the incident,
thus causing the accident;
That Mr. Juancho Mahusay should be taught a lesson thus be held
liable for exemplary damages;
That Mr Juancho Mahusay should be held liable to pay the cost of suit
since the plaintiff was only constraint to file such suit because of the
former’s failure to settle his obligation.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed
unto this Honorable Court that, after hearing, judgment be rendered ordering
the defendant:

1. To pay actual damages in the amount of Two Hundred Nine Thousand
Pesos ( P 209,000.00);

2. To pay the amount of Fifty Thousand Pesos (P 50,000.00) by way of
exemplary damages;

3. To pay the amount of Attorney’s fees of Fifty Thousand Pesos (P
50,000.00) and Three Thousand Five Hundred Pesos (P 3,500.00) per
appearance;

4. To pay the plaintiff the cost of the suit.

Other relief, just and equitable under the premises are likewise prayed
for.

RESPECTFULLY SUBMITTED.

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July 25, 2014, QUEZON CITY.



Arevalo Cusain Fontanilla
Montemayor Talampas and Associates
Counsel for the Plaintiff
NEU COL Bldg., Central Ave.
Diliman, Quezon City
Telephone Numbers: 811-9910 to 15

For the Firm:
JOSE CARLOS MONTEMAYOR
Roll of Attorney: 678932
IBP No. 823415; 01-06-2014; Q. C.
PTR No. 6234563; 01-03-2014; Q.C.
MCLE Compliance No.143214 2/15/2014

VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines )
Quezon City ) S.S.

I, PEDRO BUHAY, of legal age, Filipino citizen, single and resident
of NO. 12 Primera St., Anonas, Quezon City, after having been duly sworn
to in accordance with law do hereby depose and say:
That I am the plaintiff in the above-entitled case;
That I have caused the preparation of the foregoing complaint and
have read the allegations contained therein;
The allegations in the said complaint are true and correct of my own
knowledge and authentic records;
I hereby certify that I have not commenced any other action or
proceeding involving the same issues in any court, tribunal or quasi-judicial
agency and, to the best of my knowledge, no such other action or claim is
pending therein;
That if I should learn thereafter that a similar action or proceeding has
been filed or is pending, I hereby undertake to report that fact within five (5)
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days therefrom to the court or agency where the original pleading and sworn
certification contemplated herein have been filed.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
24
th
day of July 2014, in Quezon City.

PEDRO BUHAY
Affiant

SUBSCRIBED AND SWORN to before me this 24th day of July,
2014, in Quezon City, affiant exhibiting to me his Driver’s License No.
12345 issued by the Land Transportation Office on April 8, 2014 at Quezon
City.
NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of 2014.