Republic of the Philippines

Regional Trial Court

10th Judicial Region
Branch _____
Surigao City

MYRNA C. NAVARRO, and MARIA

N. RAMOS,
Plaintiffs,

FOR: “DAMAGES BASED

ON QUASI-DELICT”
-versus-
ROLDAN A. FIGUERAS AND
ALLEN V. ALABA,
Defendants.
x- - - - - - - - - - - - - - - - - - - - - x

COMPLAINT
PLAINTIFFS, by the undersigned counsel and to the
Honorable Court, most respectfully state that:

1. That plaintiff Myrna C. Navarro, is of legal age, widow,

Filipino, and a resident of Sitio Tuya-tuya, Brgy.
Poniente, Gigaquit, Surigao del Norte. On the other hand,
plaintiff is of legal age, married, and also a resident of
Sitio Tuya-tuya, Brgy. Poniente, Gigaquit, Surigao del
Norte.

Defendant Roldan A. Figueras, on the other hand is

34 years old, Filipino, married, while defendant Allen V.
Alaba, is also of legal age, married, both of whom are
residents of Brgy. Amoslog, Placer, Surigao del Norte,
where summons and other legal processes of this
Honorable Court may be served upon them;
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2. The Plaintiff Myrna C. Navarro, is already 75 years old,

and is the surviving spouse of the late Domingo A.
Navarro, a copy of their Contract of Marriage, is hereto
attached as Annex “A”, while plaintiff Myrna C.
Navarro’s Copy of the Certificate of Live Birth is hereto
attached as “Annex B”. On the other hand, plaintiff
Maria N. Ramos, is the only child of plaintiff Myrna C.
Navarro and the late Domingo A. Navarro, and to
represent the Estate of his late father being the only
surviving heir together with her mother as the other
plaintiff. Copy of the Certificate of Live Birth of plaintiff
Maria N. Ramos, is hereto attached as Annex “C”.

3. That on November 3, 2019, at about 10:00 in the

morning Domingo Navarro was driving his private
motorized tricycle with Body Number GT 080, with
plaintiff Myrna C. Navarro, as his passenger travelling
from the Poblacion of Gigaquit going home to their
residence at Sitio Tuya-Tuya, Gigaquit, Surigao del Norte;

4. That while on the right lane of the National Highway of

Brgy. San Isidro, towards the direction of Surigao City,
Domingo A. Navarro, stopped momentarily for the
purpose of making a left turn of his driven vehicle to pick
up the gallons of refilled water from the Refilling Station
which was located on the opposite side of the road, was
suddenly hit by a speeding Suzuki multicab coming from
behind resulting for the motorized tricycle to be thrown
to the opposite lane of the National Highway more than
12 meters from the point of impact. Domingo A. Navarro
Page 3 of 8

and plaintiff Myrna C. Navarro suffered severe and

serious injuries in the different parts of their bodies, and
were brought to the Caraga Regional Hospital where
Domingo was declared dead on arrival (DOA), while,
plaintiff Myrna C. Navarro was on critical condition, while
the motorized tricycle was a total wreck. Copy of the
Certificate of Death of Domingo A. Navarro, is hereto
attached as “Annex D”;

5. That from the said Traffic Accident Report, hereto

marked as Annex “E”, it was revealed that Suzuki
multicab was driven by defendant Roldan A. Figueras,
and was registered in the name of defendant Allen Alaba,
as the owner thereof ;

6. That it was the negligent and reckless manner in driving

the Suzuki multicab by defendant Roldan A. Figueras in
overtaking the motorized tricycle driven by Domingo A.
Navarro, his Driver’s License hereto attached as “Annex
F”, while the Official Receipt of the motorcycle with side
car owned by the deceased Domingo Navarro hereto
attached as “Annex G”, disregarding the two (2) yellow
double line marking in the middle of the highway, in
clear and utter violation of existing Traffic Rules and
Regulations, which was the proximate cause of the death
of Domingo Navarro, and the multiple serious injuries
suffered by plaintiff Myrna C. Navarro, and the multiple
serious injuries and hospitalization confinement in
Butuan City due to the serious nature of her sustained
injuries ;
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7. That a criminal case for Reckless Imprudence Resulting

to Homicide and Multiple Serious Physical Injuries was
filed against the defendant Roldan A. Figueras and Allen
V. Alaba, for the incident subject of this case, which is
still pending trial proceedings before RTC Branch 30,
Surigao City, and docketed as Criminal Case No. 11543.
Plaintiffs herein opted to make a reservation to file a
separate and independent action on the civil aspect of the
incident, as shown in the INFORMATION of the case,
copy of which is hereto attached as Annex “H”;

8. That plaintiffs herein have spent the amount of almost

Php 200,000, for the wake, funeral, burial and other
related expenses of deceased as shown in the various
receipts hereto attached and marked as Annex “I”, and
its series;

9. That the plaintiffs have likewise incurred the sum of not

less than PhP 300,000 covering the medical confinement,
medical expenses, and after care medical bills of plaintiff
Myrna C. Navarro, from the time of her confinement until
she was declared out of danger, as shown in the various
receipts attached and marked as Annex “J” and its
series;

10. That plaintiffs in their desire to salvage the

damaged motorcycle to be made useful again spent not
less than P20,000 for its repair, while the side car
attached to it was already beyond repair, the value of
which can be reasonably assessed at P10,000. The
various receipts of the repair cost are hereto attached
and marked as Annex “K” and series, and the amounts
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stated shall be reimbursed and/or paid for by the

defendants;

11. That the unexpected death of Domingo Navarro

brought plaintiffs emotional pains, mental anguish,
serious anxiety and similar sufferings, for which
defendant should be held liable for moral damages in the
sum of not less than P200,000.00;

12. That by way of public example and deterrence

against similar grossly negligent acts and as means for
correction thereof for the public good, defendant should
be held to answer for exemplary damages in the amount
of not less than P100,000.00 for which plaintiffs are
entitled;

13. That defendants have not given plaintiffs reasonable

compensation for the death of Domingo A. Navarro and
the injuries sustained by plaintiff Myrna C. Navarro, as a
result of the reckless and negligent acts of defendant
Roldan A. Figueras, and instead have offered a measly
and even insulting sum, for which reason, plaintiffs were
constrained to institute these claims and have to engage
the services of the lawyer to file the instant case for
which they have agreed to pay by way of attorney’s fees
in the sum of Php 50,000.

PRAYER
WHEREFORE, it is most respectfully prayed of this
Honorable Court that after due hearing, to render judgment
against defendant ROLDAN A. FIGUERAS, and by way of
subsidiary liability against defendant ALLEN V. ALABA,
ordering them to pay:
Page 6 of 8

1. The Estate of the late Domingo A. Navarro, the sum of

P200,000 as ACTUAL DAMAGES as reimbursement for
the former’s wake, funeral, burial and other related
expenses;
2. Plaintiff Myrna C. Navarro, the sum of Php 300,000 as
ACTUAL DAMAGES, as reimbursement for the cost of
her confinement, hospitalization, and after care
expenses;

3. Plaintiffs the sum of Php 200,000, as MORAL

DAMAGES, Php 100,000, as EXEMPLARY DAMAGES,
and Php 50,000 as and by way of ATTORNEY’S FEES.

7. The costs of this suit.

Plaintiffs pray for such other reliefs, just and equitable

under the foregoing premises.

December 9, 2019, Surigao City.

ACERO-COMPASIVO-TORRECAMPO LAW OFFICES

Rizal Corner Narciso St. Brgy. Washington Surigao City
Counsel for the Plaintiffs

By:
VANNESA R. COMPASIVO
IBP No. 06361-1.05.19. Surigao City
PTR No. 0806622-1.03.19. Surigao City
MCLE VI- 0005540- 1.17.18
Page 7 of 8

VERIFICATION AND CERTFICATION OF NON-FORUM

SHOPPING

WE, MYRNA NAVARRO and MARIA N. RAMOS, both of

legal age, Filipinos, after having been sworn in accordance
with law, do hereby state and certify that:

1. We are the Plaintiffs in the above-entitled case;

2. We caused the preparation of the foregoing complaint;
3. We have read and understood the contents thereof
and that they are true and correct based on our
personal knowledge and belief and based on
authentic records.
4. That further we Certify that we have not filed against
the Defendants in another court, tribunal or quasi-
judicial agency any action involving the same or
similar issues as in this case; to the best our
knowledge, no such action is pending in such court,
tribunal or agency, except for one criminal case for
reckless imprudence resulting to homicide, multiple
serious physical injuries, and damage to property
docketed as Criminal Case No. 11543 RTC Branch
30, Surigao City against herein defendants, if we
should hereafter learn of the pendency of such other
action or the filing thereof, I undertake to inform this
Honorable Court of such fact within five (5) days
therefrom.

IN WITNESS WHEREOF, we have hereunto affixed our

signatures, this 9th day of December 2019, at Surigao City,
Philippines.
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MYRNA C. NAVARRO MARIA N. RAMOS

Affiant Affiant

SUBSCRIBED AND SWORN to before me on this 9 th day

of December 2019, at Surigao City, Philippines.

VANNESA R. COMPASIVO
IBP No. 06361-1.05.19. Surigao City
PTR No. 0806622-1.03.19. Surigao City
MCLE VI- 0005540- 1.17.18