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REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch ___
MANILA

RALPH MAGNO,
Plaintiff,

-versus- Civil Action No. ______


For: DAMAGES

JC REYES,
Defendant,

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

COMPLAINT

PLAINTIFF, thru undersigned counsels, unto this


Honorable Court, most respectfully states/ alleges the
following:

1. Ralph Magno is Forty Five (45) years of age and residing


in No. 27 Apacible Street, Malate, Manila. The plaintiff is
the father of the deceased-victim Diane Magno. The
plaintiff provided a birth certificate marked as Annex A;

2. Diane Magno, the daughter of Ralph Magno, was Sixteen


(16) years of age, minor, studying in Malate Catholic
School as a fourth year high school student. The plaintiff
provided school records marked as Annex B;

3. Razor Reyes is Sixteen (16) years of age, minor, also


studying in Malate Catholic School as a fourth year high
school student;
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4. JC Reyes, the father of Razor Reyes is a second year


Biology teacher in Malate Catholic School living in the
same address of Ralph Magno.

5. Diane Magno and Razor Reyes are both classmates in


Malate Catholic School and neighbors living in the same
street in Malate Manila. The plaintiff provided school
records and vicinity location of the neighborhood marked
as Annex C;

6. On January 17, 2014 at around eight (8) in the evening,


Diane Magno was feloniously shot by Razor Reyes who
took his fathers gun that was placed on the dinner table
of their house. Razor suddenly run towards their home
after the incident. The shot was heard and seen the
accused by the father of Diane urging the latter to bring
his daughter in the Philippine General Hospital for
immediate medical assistance.

7. The daughter was declared dead on arrival at ten (10) in


the evening by Dr. Ramon Aguirre.

8. A Criminal Case docketed ___ was instituted by the


plaintiff with a reservation of a separate action for the
civil action for damages. A copy of the complaint ___ is
attached in this complaint marked as Annex D;

9. Judge Concepcion A. Vergara of Family Court Metro


Manila Branch 49 held Razor Reyes guilty of homicide
beyond reasonable doubt sentencing the latter with a
penalty of ____ and to pay the heirs of the deceased Moral
Damages amounting to Three Hundred Thousand Pesos
(Php 300,000.00) and Exemplary Damages amounting to
Fifthy Thousand Pesos (Php 50,000). A copy of the
decision is attached marked as Annex F;

10. Ralph Magno filed a motion for a writ of execution to


enforce the aforementioned judgment against the
respondents which was subsequently granted by the
Family Court. A copy of the writ is attached marked as
Annex F-1.

11. After various demands by the plaintiff from Jc


Reyes, the father of the accused, the latter refused to pay
the same on the grounds that he has nothing to do with
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the incident. Furthermore, he stated that he was in a


drinking spree in Sexy Bar located in Ermita, Manila at
that time the incident happened.

PRAYER

WHEREFORE, premises considered, plaintiff most respectfully


prays that after trial, judgment be rendered in favor of him and
against the defendant for the following:

1. Moral Damages amounting to P 300,000.00;


2. Exemplary damages amounting to Php 50,000;
3. Other reasonable costs and expenses of litigation.

Other reliefs that are just and equitable under the


premises are likewise prayed for.

Manila, September 17, 2015

De Leon Bucatcat Mago Villanuava Pajo & Saguin


Counsel for Plaintiff
5 Floor GC Corporate Tower
th

Legaspi, San Lorenzo Village


Makati City
Tel. 809-XXXX

By:

(Sgd.) Floyd Mago


Attorneys Roll No. XXXXX
IBP No. XXXXXX /XX.XX.XXXX
PTR No. XXXXXXX/ XX.XX.XXXX
MCLE III Comp. No. XXXXXXX/ X. XX. X

Republic of the Philippines)


Makati City, Metro Manila ) S.S.
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VERIFICATION AND CERTIFICATION OF NON-FORUM


SHOPPING

I, Ralph Magno, of legal age, Filipino, residing in No. 27


Apacible Street, Malate, Manila, after having been sworn to in
accordance with law, hereby depose and state that:

1. I have caused the preparation of the foregoing


COMPLAINT and the allegation contained therein are
true and correct based on my own personal knowledge
and on authentic records;

2. 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;

3. And my authority to sign this verification and


certification was granted by the Board of Directors
pursuant to the Board Resolution attached herewith
and made an integral part hereof.
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IN WITNESS WHEREOF, I have hereunto affixed my


signature this 2nd day of October 2015, at Manila City.

AAA

SUBSCRIBED AND SWORN to before me this 12th day of


August 2014, at Makati, affiant showing to me his Drivers
License No. XXXXX valid until November 20 2017.

Notary Public
Jurisdiction of Manila City
Until ____________

Doc. No.___
Page No.___
Book No.___
Series of 2015.