Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch ___, San Fernando, La Union

Sps. FILOMINO AVISO and

FILOMINA AVISO,
Plaintiffs,

Civil Case No. _____________

-versus
FOR: Damages

JUAN ABLOG and PARTAK

BUS COMPANY,
Defendants.
x--------------------------------------x

COMPLAINT

PLAINTIFFS, by and through the undersigned counsel and unto this

Honorable Court most respectfully allege that:

1. The Plaintiffs Filemon and Filemona Aviso are spouses,

both Filipino, of legal age and residents of 108 Ilacanos Sur, San Fernando
City, La Union, Philippines.

2. The Defendant Partak Bus Company is a domestic

corporation duly organized under the laws of the Philippines engaged in the
business of land transportation of passengers and goods and a holder of
certificate of public convenience with principal place of business at 640
Quezon Avenue, Quezon City, Philippines, where it may be served with
summons and other court processes. A copy of the certificate of public
convenience is hereto attached as Annex “A”;
 3. The Defendant Juan Ablog is a Filipino, of legal age,
married and a resident of 960-1 Lingsat, San Fernando City, La Union,
Philippines. Defendant Ablog may be served with summons and other court
processes in the said address;

4. On June 26, 2016, at about 6:40 in the morning, a

passenger bus with plate number IPU 246 owned and operated by Northern
Bus Line Company and driven by Paolo Ololo departed from its bus terminal
at Candon, Ilocos Sur on its way to its destination at Pasay, Manila bus
terminal. Plaintiff boarded the said passenger bus at San Fernando, La
Union to its destination in Manila for a business meeting;

5. While navigating along the portion of Mc Arthur Highway,

Sison, Pangsinan, a passenger bus with plate number 3110 owned and
operated by the defendant Partak Bus Company and driven by defendant
Juan Ablog, coming from an opposite direction swiftly swerved to enter the
MacArthur Highway lane, thereby colliding with the Northern Passenger bus;

6. Because of the great impact, plaintiff suffered physical

injuries for which he was treated and confined at Pangasinan Provincial
Hospital in Urdaneta, Pangasinan, incurring hospitalization and medical
expenses amounting to a sum of four hundred thousand pesos (P 400,
000.00). The copy of the official receipts issued by Pangasinan Provincial
Hospital, Doctor Jennifer Zafe, Doctor Saffanah Aslahon, Doctor Charmaine
Guevarra and Mercury Drugs as Annexes “B”, “C”, “D”, “E”, respectively and
made an integral part hereto;

7. By reason thereof, the defendant Paolo Ololo and Northern

Bus Company is liable for quasi-delict.

8. The defendant Northern Bus is liable for quasi-delict

because they are the employer of defendant Paolo Ololo. Likewise,
defendant Northern Bus is the owner and operator of Northern passenger
bus wherein the negligent acts were committed. Defendant Northern Bus
failed to prevent the damage, injury and unnecessary expenses suffered by
plaintiff through the fault or the negligence of its employee driver defendant
Paolo Ololo.
 9. Defendant Paolo Ololo as a driver of the Northern
passenger’s bus are also liable for quasi-delict because as a driver they have
the duty to exercise required degree of care, skill and diligence in
transporting their passengers safely to its destination.

10. In contravention of these duties, defendant Paolo Ololo

exhibited lack of skill and diligence in driving the passenger bus. Herein
defendant was evidently guilty of gross negligence. Such lack of skill and
want of care and gross negligence directly caused serious injuries to the
plaintiff and resulted in substantial expenses on his part.

11. Plaintiff caused the sending of separate letters dated 19

July 2016 to the defendants, asking them to communicate with plaintiff’s
counsel for the purpose of settling the damage caused to the plaintiff by
reason of the fault or negligence on the part of the defendants. The copies
of the letters are hereto attached as Annexes “F” and “G”;

12. However, instead of heeding the polite demands of the

plaintiff, the defendants, simply ignored to entertain plaintiff’s just demands
in his letter. Thus, the plaintiffs seek the assistance of this Honorable Court.

DAMAGES

13. As a result of defendants’ fault or negligence constituting

quasi-delict, they are liable to plaintiff for damages.

14. Because of the incident, plaintiff has had to undergo

monthly check-ups thereby unnecessarily incurring expenses in the amount
of not less than PhP 300,000.00.

15. Consequently, plaintiff incurred loss of earnings because

of the injuries suffered from the incident. Plaintiff is a businessman and he
had to stop working for three months thereby losing potential income in the
amount of atleast Fifty Thousand Pesos (Php500,000.00), representing
cancelled transactions and unrealized profits.
 16. Plaintiff was compelled to file this case because of
defendants’ obstinate and unjustified refusal to take responsibility for their
actions. His polite demands were simply ignored. Thus, plaintiff had no
other recourse but to hire a lawyer and pursue legal action. In the process,
he will be spending for attorney’s fees in the amount of at least PhP
500,000.00 and other legal expenses in the amount of at least PhP
100,000.00.

17. In addition to the physical injuries and pain, plaintiff

Filemon Arviso has also suffered and is still suffering mental anguish, severe
anxiety and psychological torture caused by the incident. He has been
suffering from sleepless nights and tormented by financial expenses which
could have been avoided, thereby entitling her to moral damages in the
amount of, at least, PhP 400,000.00.

PRAYER

WHEREFORE, PREMISES CONSIDERED, plaintiff, through the

undersigned counsel most respectfully prays on this Honorable Court, after
due hearing, to adjudge defendants Paolo Ololo and Northern Line Bus
Company jointly and severally, to pay the plaintiff the following:
1) Seven Hundred Thousand Pesos (Php 700,000.00) as
actual or compensatory damages representing the hospitalization and
medical expenses of the plaintiff;
2) Five Hundred Thousand Pesos (Php500,000.00) for loss
of earning and income;
3) Four Hundred Thousand Pesos (Php 400, 000.00) for
moral damages;
4) Five Hundred Thousand Pesos (PhP 500,000.00) for
attorney’s fees and One Hundred Thousand Pesos (100, 000.00) for
litigation expenses;
5) Other just and equitable reliefs are, likewise, prayed for.

RESPECTFULLY SUBMITTED this 6 August 2016 at San Fernando

City, La Union, Philippines.
 FILOMINO AVISO and FILOMINA AVISO
Plaintiffs

Assisted by

HIDALGO ESTEPHA AND ASSOCIATES LAW OFFICES

319-A, 3rd floor, Diocesan Center, Gomez Street, San Fernando City, La
Union, Philippines.
e-mail: HEAlawoffices@gmail.com
telephone number: 082-296-123

JURAT and CERTIFICATION

I, FILOMINO AVISO, after having been sworn to in accordance with

law hereby depose and say THAT:

1. I am one of the plaintiffs in the above-entitled case;

 2. I have caused the preparation and filing of the foregoing
complaint, that I have read the allegations therein, and that they are
true and correct of my own personal knowledge and belief and based
on authentic documents;

3. Other than the foregoing complaint, I have not commenced any

other action or proceeding involving the same issue before the
Supreme Court or Court of Appeals or any divisions thereof or before
any tribunal or agency and that, to the best of my knowledge, there is
no such action or proceeding pending before any tribunal;

4. If other than the foregoing complaint, I should learn that a similar

action or proceeding has been filed or is pending in any tribunal, I will
notify this Honorable Court of the same within five (5) days from such
notice

IN WITNESS WHEREOF, I have hereunto set my hand this 6, August

2016 at San Fernando City, La Union, Philippines.

SUBSCRIBED AND SWORN TO before me a Notary Public, for and

in the City of Davao, the affiant, Filomino Aviso exhibited to me her current
and unexpired driver’s license numbered L02-123456 valid until May 1,
2015, bearing her photograph and signature as competent proof of her
identity.

CINDY SORIANO
Doc No.: 50 Notary Public for La Union

Page No.10 Notarial Commission No. 123-2012

PTR No. 123456; 01-02-13;D.C.
Book No.II
IBP Life Member Roll 12348
Series of 2016.
MCLE Compliance No. III-123459; 01-
10-2012
Issued at Manila City