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Office of the Insurance Commissioner

1071 United Nations Avenue

Manila

Equitable Insurance CIVIL CASE NO. 123456

Complainant, FOR: Damages

-versus-

Transmotors International, Inc.

Respondent,

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

COMPLAINT

COMES NOW the complainant EQUITABLE INSURANCE, through


the undersigned and unto this Honorable Court, most
respectfully states:

1. That complainant EQUITABLE INSURANCE, is a


licensed insurer engaged in the business of insuring
cargoes, with its principal business address at Badelles St.,
Iligan City, where summons and other processes of this
Honorable Court may be served;

2. That the respondent, Transmotors International, Inc.,


is a domestic corporation incorporated in Manila City with
principal address at 101 Roxas Blvd, Ermita, Manila;

3. That both parties have the capacity to sue and be


sued;
4. That sometime in the first quarter of year 2004, Shine
Enterprises Corporation, a domestic corporation engaged
in the business of selling merchandise, insured its cargoes,
with the complainant, per Marine Open Policy No. MN-
MRN-HO-000549;

5. That Shine Enterprises Corporation (SHINE) hired


respondent Transmotors International, Inc. (Transmotors) to
clear from the customs authorities and withdraw,
transport, and deliver to its warehouse, cargoes consisting
of 200 cartons of gum Arabic with a total weight of 5,000
kilograms valued at US21,750.00;

6. That said cargoes arrived in Manila on August 14,


2004 and were brought to Ocean Links Container Terminal
Center, Inc. pending their release by the Bureau of
Customs (BOC);

7. That on September 2, 2004, respondent Transmotors


withdrew the same cargoes and delivered them to SHINE's
warehouse;

8. That it was noted in the delivery receipt that all the


containers were wet;

9. That in a preliminary survey conducted by Elite


Adjusters and Surveyors, Inc. (Elite Surveyors), it was found
that 187 cartons had water marks and the contents of the
13 wet cartons were partly hardened;

10. That on October 13, 2004, a re-inspection was


conducted and it was found that the contents of the
randomly opened 20 cartons were about 40% to 60%
hardened, while 8 cartons had marks of previous wetting;
11. That in its final report dated October 27, 2004, Elite
Surveyor fixed the computed loss payable at P728,712.00
after adjustment of 50% loss allowance;

12. That on November 2, 2004, SHINE demanded from


respondent Transmotors the payment of P1,457,424.00 as
compensation for total loss of shipment;

13. That the proximate cause of the damage was due


to the gross negligence of the respondent Transmotors.

14. That on that same date, complainant Equitable


Insurance, as insurer of the cargoes per Marine Open
Policy No. MN-MRN-HO-000549 paid SHINE's claim for
P728,712.00;

15. That on October 4, 2004, SHINE then signed a


subrogation receipt and loss receipt in favor of
complainant Equitable Insurance;

16. That by virtue of the said subrogation receipt,


complainant Equitable Insurance demanded from
respondent Transmotors, reimbursement of the payment
made to SHINE;

17. That the respondent refused to pay the amount


demanded by the plaintiff;

18. That the willful, flagrant and malicious disregard of


the respondent of its obligation has worked as an injustice
to the rights of the complainant;

19. That as a consequence, complainant was


compelled to institute the instant action against the
respondent for damages invoking its right as subrogee
after paying SHINE's insurance claim and avers that
respondent Transmotors's fault and gross negligence were
the causes of the damages sustained by SHINE's shipment.
20. That because of the defendant’s acts, plaintiff had
to retain the services, with an agreement to pay the
acceptance, appearance and other necessary fees
relative to services rendered, of the undersigned counsel;

PRAYER

WHEREFORE, the forgoing premises considered, it is


most respectfully prayed that this Honorable Court render
judgment ordering Respondent to pay herein
complainant the following amounts:

1. Php 728, 712.00, representing the actual damages


suffered by the complainant;

2. With 6% interest from the date of the filing of the


complaint until full payment;

3. Attorney’s fees;

4. Cost of suit;

Plaintiffs likewise pray for such other reliefs as are just


and equitable under the premises.

SO PRAYED.

Iligan City.

November 10, 2004


Andrea Rodriguez
Counsel for the Complainant
PTR No. 1234567/01-06-04/IliganCity
IBP No. 123456/11-06-14/Iligan City
Roll No. 123456
MCLE No. 123456, Series of 2004, dated
March 5, 2015
13th Floor, RRL Building, Washington St.,
Iligan City

VERIFICATION AND CERTIFICATION OF NON-FORUM


SHOPPING

I, Vylette C. Cruz , Filipino, of legal age, single and a


resident of Phase II White Plains Subdivision, San Miguel,
Iligan City, after having duly sworn to in accordance with
law, do hereby depose and state:

1. That I am the President of the Complainant corporation


in the above-entitled case;

2. That I have caused the preparation and filing of the


foregoing Complaint and I have read all the
allegations therein which are true and correct based
on my personal knowledge and authentic documents;

3. That I further certify that there is no pending action or


proceeding involving the same issues in the Supreme
Court, Court of Appeals, or any other tribunal or
agency. If I should thereafter learn that the same or
similar action is pending, I shall undertake to inform the
Honorable Court of this fact within five (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this 10th day of November 2001 in Iligan City.

Vylette C. Cruz

President of
Equitable Insurance
Affiant

SUBSCRIBED AND SWORN to before me this______day of


______________, 20_____.

NOTARY PUBLIC