Republic of the Philippines REGIONAL TRIAL COURT 11th Judicial Region Branch ___ Davao City

Fe Tuadles, Plaintiff, - versus – Aurelio Laxa, Bonifacio Cruz, ULTRA Speed Machine Shop and A’s Metal
Products, Aurelio Lara, Defendants. x- - - - - - - - - - - - - - - - - - - - - - - x

CIVIL CASE No. _______________ FOR: Damages for death, Loss of earning capacity, Moral damages and
Attorney’s Fees.

COMPLAINT

COMES NOW, plaintiff, Fe Tuadles, by counsel, and unto this Honorable Court, most respectfully avers
THAT: 1. Plaintiff is a Filipino, of legal age, married, and residing at 32E Jacinto St., Davao City, where he
may be served with summons, papers and other process of this Honorable Court ACOP Law Firm, Suite
704, LANDCO Bldg, Bajada, Davao City. 2. Defendant Aurelio Laxa is a Filipino, of legal age, single, and
residing at Purok 14, Mintal, Davao City, where he may be served with summons, papers and other
process of this Honorable Court. 3. Defendant Bonifacio Cruz is a Filipino, of legal age, married, and
residing at Purok Sto. Nino, Buhangin, Davao City, where he may be served with summons, papers and
other process of this Honorable Court. 4. Defendant ULTRA Speed Machine Shop and A’s Metal Products
is a juridical entity duly registered with the Securities and Exchange Commission. It is engaged in the
selling metal products and Auto Repair. It is represented herein by Aurelio Lara, owner and manager of
ULTRA Speed Machine Shop and A’s Metal Pr oducts. It may be served with papers and other processes
of this Honorable Court at 131 R. Magsaysay Avenue Davao City.
5. Defendant Aurelio Lara is a Filipino, of legal age, married, and residing at 131 R. Magsaysay Avenue
Davao City, where he may be served with summons, papers and other process of this Honorable Court.
6. Both parties have capacity to sue and to be sued. 7. Plaintiff herein is the wife of victim of the
vehicular accident, Romeo Tuadles who is the sole bread winner of the family. 8. Defendant Bonifacio
Cruz, is the registered owner of a Cimarron Jeepney, and particularly described as follows: Make and
Type: Cimarron Jeepney Plate No.: LXX-349 9. Defendant ULTRA Speed Machine Shop and A’s Metal
Products owned by Aurelio Lara has legal possession of the vehicle and bound itself by an
acknowledgment attached herewith “Annex A”, to be responsible for any and all incidents that may
occur while the said vehicle is in their custody. 10. Defendant Aurelio Lara is the employer of Aurelio
Laxa, being the owner of ULTRA Speed Machine Shop and A’s Metal Products.

11. On December 29, 2010, Bonifacio Cruz brought his vehicle to ULTRA Speed Machine Shop and A’s
Metal Products by Aurelio Lara vehicle at the shop. 12. At about January 2, 2011, Aurelio Laxa, a driver
of A’s Metal Products with his co workers on board drove the vehicle in going to the beach. 13. In driving
back from the beach, Aurelio Laxa lost control of the vehicle while negotiating a curve causing it to turn
turtle resulting in the death of one of its passengers Romeo Tuadles.

14. A demand letter for indemnification for damages was by plaintiff to defendants. 15. Defendant
Bonifacio Cruz promptly denied liability for reason that his vehicle was used and driven without his
knowledge and consent by Aurelio Tuadles at the time of the accident. for repair and left the said
16. As a result of the death of Romeo Tuadles, his family is in financial difficulties because they depend
on him as a sole wage earner in the family. Hence, they must be made to pay for damages for the death
of Romeo Tuadles, in the amount equivalent to FIVE HUNDRED THROUSAND PESOS (P 500,000.00).

17. Due to the sudden death of Romeo Tuadles, his wife and children suffered mental anguish and
serious anxiety. 18. Consequently, Plaintiff was constrained to engage the services of counsel to whom it
obligated itself to pay as Attorney's Fees the amount equivalent to TWENTY FIVE PERCENT (25%) of the
total amount to be adjudged in favor of plaintiffs, and the costs of this suit.

PRAYER WHEREFORE, the above premises considered, it is respectfully prayed of this Honorable Court
after hearing on the merits, that:

a. Defendants be ordered to pay for damages for death in the amount of FIVE HUNDRED THROUSAND
PESOS. b. Defendants be ordered to pay moral damages in the amount of FIVE HUNDRED THOUSAND
PESOS (Php 500,000.00); c. Defendants be ordered to pay attorney’s fees in an amount equivalent to
TWENTY FIVE PERCENT (25%) of the total amount to be adjudged in favor of plaintiffs; d. Defendants be
ordered to pay the costs of this suit. Other reliefs just and equitable under the premises are likewise
prayed for. For the Plaintiff By ATTY. LOREVILL PINOON

ACOP Law Firm, Suite 704, Landco Bldg., Bajada Street, Davao City