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Republic of the Philippines

REGIONAL TRIAL COURT


11th Judicial Region
Branch ______
Davao City

DAVAO RABBIT BUS LINES, INC., CIVIL CASE NO. _____


REPRESENTED BY ITS GENERAL FOR:
MANAGER, RAMON RODRIGUEZ, DAMAGES &
Plaintiff, ATTORNEYS FEES

- versus

AMADOR BULAN and


ROLANDO SUIZO,
Defendants.
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COMPLAINT

PLAINTIFF, by counsel, most respectfully alleges: THAT

1. It is a corporation, duly organized and existing under


Philippine laws, with principal office at No. 5 Santan
Street, Gems Village, Ma-a, Davao City, Philippines,
where it can receive summons and other processes of
this Honorable Court. It is represented in this case by its
General Manager, RAMON RODRIGUEZ, duly authorized
under a Board Resolution dated 31 January 2017, hereto
attached and made integral part of this complaint as
Annex A;

2. The defendants are Filipinos, of legal ages, and residents


of Bulan Trucking Services, Km. 5, Diversion Road,
Buhangin, Davao City, Philippines, where they may
receive summons and other processes of this Honorable
Court. Amador Bulan (Bulan for brevity) is the operator
of the Trucking Services while Rolando Suizo (Suizo
hereinafter) is one of Bulans drivers;

3. Plaintiff is a licensed operator of buses for public transport


as per copy of the Certificate of Public Convenience duly
issued by the Land Transportation Franchising Regulatory
Board (LTFRB) hereto attached as Annex B;

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4. On or about 6:40 am of October 26, 2016, the KB Hino
Cargo Truck, with plate number LCX 243, operated by
Defendant Bulan and driven by Suizo and Plaintiffs
passenger bus no. 1357, with plate no. LFC 246, driven
by Benjamin Bigat, collided in the intersection of
Sandawa Road and Mac Arthur Highway, Matina, Davao
City, resulting to damages to the bus rear end and injuring
several of its passengers, while defendants Hino Truck
suffered damages to the front, and killing its helper, as per
copy of the Traffic Investigation Report hereto attached as
Annex C ;

5. The said police investigation report indicates fault on


defendants driver having recklessly, imprudently, and
negligently drove away his truck to beat the red light of
the traffic light at the said intersection, and bumped
Plaintiffs bus at the rear when the bus suddenly stopped
to heed the orange or warning light to stop;
6. Plaintiff, through counsel, wrote and demanded from the
defendants, including its insurance agent, to ;pay for the
damages it suffered, including reimbursement for medical
expenses of five (5) of its passengers, as per copy of the
letter dated November 05, 2016, hereto attached as
Annex D;

7. Despite said demand, defendants refused and continue to


refuse to pay Plaintiffs valid and just demand;

8. Plaintiff suffered actual damages in the amount of Two


Hundred Thousand Pesos (PhP200,000.00) for the repair
of its damaged bus, as per copy of the receipt from
Alberts Repair Shop, attached hereto as Annex E;

9. Further, because the bus needs to be repaired for more


than ninety (90) days, Plaintiff suffered loss of income
opportunities in the amount of One Hundred Thousand
Pesos (P100,000.00), as per copy of the statement
attached hereto as Annex F, prepared and certified by
Atty. Jerry Completano, CPA and also In order to promote
example for the public good that the said transgression
should not be repeated, as and by way of temperate and
exemplary damages;

10. In order to vindicate in court Plaintiffs rights, Plaintiff has


engaged the services of Counsel to whom it is committed
to pay Forty Thousand (Php40,000.00) and appearance
fee of Three Thousand Pesos (P3,000.00) per court
hearing;

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11. Bulan, as operator of the trucking service, is .liable for all
the damages suffered by the Plaintiff under Articles 2176
and 2180 of the Civil Code of the Philippines, as
amended, which specifically point to the Vicarious Liability
of employers for the injuries and damages caused by the
negligence of his employess, viz:

Art. 2176. Whoever by act or omission


causes damage to another, there being
fault or negligence is obliged to pay for the
damage done. Such fault or negligence, if
there is no pre-existing contractual
relation between the parties, is called a
quasi-delict and is governed by the
provisions of this Chapter.

xxxx

Art. 2180. The obligation imposed by


Art. 2176 isdemandable not only for ones
own acts or omissions but also for those
of persons for whom one is responsible.

xxxx

Employers shall be liable for the


damage caused by their employees and
household helpers acting within the scope
of their assigned tasks even though the
former are not engaged in any business or
industry.

xxxx

The responsibility treated of in this


article shall cease when the persons
herein mentioned prove that they
observed all the diligence of a good father
of a family to prevent damage.

PRAYER

WHEREFORE, it is most respectfully prayed of this


Honorable Court, that after trial on the merits, judgment be
rendered in favor of the Plaintiff and against the Defendants, as
follows:

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1. ORDER the defendants to solidarily pay Plaintiff the
amount of Php 200,000.00 as actual damages for
repair of the passenger bus;

2. ORDER the defendants to solidarily pay plaintiff the


amount of Php 100,000.00 for loss of earnings and
income of the Plaintiffs bus and as and by way of
temperate and exemplary damages;

3. ORDER the defendants to solidarily pay plaintiff the


amount of Php 40,000.00 as and by way of
attorneys fees;

OTHER RELIEFS, just and equitable, under the premises are


also prayed for.

Davao City, this 28th day of January, 2017.

MARIE FLORIENNE F. MELENDREZ


Counsel for the Plaintiff
MRT LAW
MELENDREZ, REYES, TONGO & ASSOCIATES
Jacinto Street, 8000 Davao City, Philippines
Roll of Attorneys No. 68019
PTR No. 5242305, Davao City, 01-07-17
MCLE V- 0008417, Pasig City, 11.28.2012
IBP Life Member No. 00170, Pasig City, 05-04-16

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VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES)


CITY OF DAVAO )SS
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I, RAMON RODRIGUEZ, under oath, hereby depose and say:

That I am the duly authorized representative of the Plaintiff f in


the above-entitled case; That I have caused the preparation and
filing of the said complaint; That I have read and understood the
allegations in the said complaint; That all the allegations in the above
complaint are true and correct to the best of my knowledge and
based on authentic documents;

That I have not theretofore commenced any action or filed any


claim involving the same issues in the Supreme Court, Court of
Appeals or any court, tribunal or quasi-judicial agency, and to the best
of her knowledge, no such other action or claim is pending therein; if
there is such other pending action or claim, she shall report that fact
within five (5) days therefrom to the court where this complaint has
been filed.

IN WITNESS WHEREOF, I have signed this instrument this 01


day of February, 2017 at Davao City, Philippines.

RAMON RODRIGUEZ
Affiant

SUBSCRIBED AND SWORN to before me this 1st day of


February, 2017 at Davao City, Philippines, with Affiant exhibiting to
me his Document of Identity SSS ID No. 117564

Doc. No. 02;


Page No. 01;
Book No. I;
Series of 2017.

MARIE FLORIENNE F. MELENDREZ


Notary Public
Until December 31, 2018
MRT LAW
MELENDREZ, REYES, TONGO & ASSOCIATES
Jacinto Street, 8000 Davao City, Philippines
Roll of Attorneys No. 68019
PTR No. 5242305, Davao City, 01-07-17
MCLE V- 0008417, Pasig City, 11.28.2012
IBP Life Member No. 00170, Pasig City, 05-04-1