REPUBLIC OF THE PHILIPPINES)

CITY OF PASAY ) S.S.

COMPLAINT FOR DAMAGES

1. That Plaintiffs SPS.ROLLY P. BRILLANTES and MARLYN

ESPINO BRILLANTES of legal age, Filipino, and a resident of
50 P. Basilio Street Brgy. 135 M. Dela Cruz, Pasay City;

2. The defendant Pilotage Trading and Construction, INC., is a

corporation duly organize under the Philippine law, engage in
the business of collecting garbage with the principal office at
__________ while the other defendant Antonio Ygono is the
driver of the corporation’s garbage truck and both maybe served
with summons at __________

3. That on January 14, 2019 about 11:40pm, at Narra Road, Brgy.

San Antonio, San Pedro City, Laguna, a yellow garbage truck
with plate number WML785 without headlights driven by
Antonio Ygono collided with a black motor vehicle with plate
number DC 15329 driven by Dharell Marcello Santelices and
Jazlen Ara Espino Brillantes, our daughter, as a back ride.
Herein attached as ANNEX “A” the sworn statement of Mario
Jacolbe Luarez Jr. who witnessed the incident, ANNEX “B” the
police report, ANNEX “C” Inquest Investigation and, ANNEX
“D” Joint Affidavit;

4. That because of the negligence of driver Antonio Ygono, an

employee of defendant Pilotage Trading and Construction INC.,
Jazlen Ara Espino Brillantes was seriously injured in different
parts of her body as such she was rushed to the hospital. Herein
attached as ANNEX “E” the Clinical Abstract;

5. That on January 15, 2019, certain AMALIA MIRANDA

MALLARI and ARTURO PANGANIBAN PUNZALAN,
 representatives of the corporation told ROLLY BRILLANTES,
that they will extend financial support for the medication until
full recovery of JAZLEN ARA ESPINO BRILLANTES in
exchange of not filing a necessary action against the driver and
the corporation. Herein attached as ANNEX “F” the Sworn
Statement of ROLLY BRILLANTES;

6. That the representative of the corporation gave a financial

support in the amount of P100,000.00 on January 15,
P50,000.00, on January 17, P100.000.00, on January 19, and
P30,000.00 on January 26, 2019 for a total amount of
P280,000.00. Herein attached as ANNEX “G”, “G-1”, “G-2” and
“G-3” The Acknowledgement Receipts of P100,000.00,
P50,000.00, P100,000.00 and P30,000.00;

7. Since the total amount of P280,000.00 is not sufficient to cover

the medical expenses for the full recovery of JAZLEN ARA
ESPINO BRILLANTES, the plaintiffs requested ARTURO
PANGANIBAN the representative of the corporation for
additional financial support but it was ignored.

8. The Westlake Medical Center gave the plaintiffs a

Recommended Procedure amounting to Five hundred Thousand
Sixty Pesos P560,000.00 which requires an initial deposit of
P400,000.00 before the Procedure. Herein attached as ANNEX
“H”

9. That the plaintiffs through counsel made a written demand to

Amalia Miranada Mallari, Arturo Panganiban Punzalan, Danny
Miranda and Pilotage Trading and Construction, Inc. to comply
with their legal obligation but it remain unanswered. Herein
attached as ANNEX “I” the final demand letter;
 10. That in order to transfer Jazlen Ara Espino Brillantes to
another hospital, the plaintiffs were constrained to sign a
promissory note in the amount of Five Hundred Seventy One
Thousand Seven Hundred Sixty Two Pesos and fifty Three
Centavos because of lack of financial capacity. The promissory
note is herein attached as ANNEX “J”;

11. That plaintiffs, had suffered Actual damages for medicines,

laboratory examinations and hospital bills, in the sum of ONE
MILLION AND NINETY FOUR THOUNSAND FOUR
HUNDRED SISTY SIX PESOS AND FIFTY CENTOVOS
(P1,094,466.50).

12. That plaintiffs had suffered serious anxiety, sleepless nights,

and social humiliation for begging money just to survive the day-
to-day expenditures. For that, the plaintiffs demand Moral
damages in the sum of THREE HUNDRED THOUSAND PESOS
(P300,000.00).

13. That to set as an example or correction of the public good

especially as the Corporation give services to the public, the
plaintiffs demand Exemplary damages in the sum of TWO
HUNDRED THOUSAND PESOS (200,000.00).

IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day

of July 2019, in the city of Pasay, Philippines.

________________
Affiant
 SUBSCRIBED AND SWORN TO before me this 3rd day of July 2019
in Pasay City, Philippines. I hereby certify that I have personally
examined the affiant and I am satisfied that he fully understood and
voluntarily executed his complaint-affidavit.

Assistant City Prosecutor