Republic of The Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 16, Quezon City

URICIO ARAMBALA and

ELLA ARAMBALA
Plaintiffs,

CIVIL CASE NO. Q-4281996

-versus- For: DAMAGES BASED ON
QUASI-DELICT

S/SGT. KENNETH PAMAN,

Defendant.

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

COMPLAINT

Plaintiffs thru counsel, and unto this Honorable Court, respectfully manifest:

1. That plaintiff Uricio Arambala is of age, Filipino, and married; while plaintiff Ella
Arambala is also of age, Filipino, and married. Both resides at #438 San Diego
Street, Sampaloc Manila, where they may be served with summons and other
processes of this Honorable Court;

2. That defendant S/SGT. Kenneth Paman is of age, Filipino, single and residing at
#405 Tandang Sora, Quezon City. Where he may be served with summons and
other processes of this Honorable Court;

3. That on November 10, 2019, at about nine-thirty (9:30) of the evening, Ella
Arambala was on board a Suxuki Raider R150 motorcycle with the plate number
AA 12345, driven by her husband, Uricio Arambala. The petitioners were on their
way home coming from the workplace of Petitioner Ella Arambala. When he was

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 nearing the Quezon Avenue / Sgt. Esguerra Intersection, Quezon City, a multicab
bearing plate number CAB 1728 driven by S/Sgt. Kenneth Paman, military
personnel, crossed his path and collided with the said motorcycle;

4. That defendant S/Sgt. Paman was said to be so negligently and recklessly operating
the multicab at a fast speed in disregard of the traffic conditions then existing that
cause it to bump with terrific force against the motorcycle thus Ella Arambala was
thrown from the motorcycle hitting her head on the road pavement;

5. That at that time, Emilda Salambit, who is working as a nurse in Philippine

General Hospital, was then standing beside the road, she saw petitioner Ella
Arambala being thrown away after the collision and called the ambulance. She
performed first aid to the petitioners before they were rushed to the said hospital;
A copy of the Judicial Affidavit of Emilda Salambit is hereby attached as Annex “A”;

6. That upon investigation by PSSg Abellas and Pssg Baggao, the investigating officers
of the accident, they found out that defendant S/Sgt. Paman was driving his
vehicle too fast as shown in Traffic Accident Report Form, herein attached as
Annex “B-1” as well as the copy of the CCTV is hereby attached as Annex “B-2”;

7. That because of the terrific impact, petitioners Uricio and Ella Arambala suffered
physical injuries and were treated at the Philippine General Hospital. Petitioner
Uricio Arambala suffered contusions and bruises on his face, left earlobe and leg,
as well as in other parts of his body. While a Computed Tomography Scan report
shows that plaintiff Ella Arambala suffered hematoma at the cerebral portion of
her brain. She was confined at the Philippine General Hospital on December 11,
2019, Ella was again admitted on December 24, 2019 at the St. Lukes Medical
Center in Quezon City due to erratic blood pressure and slurring speech cause by
the hematoma; Medical Reports from Dr. Jane Dela Cruz are hereby attached as
Annex “C-1”, “C-2” and “C-3”;

8. That plaintiff Ella Arambala had suffered actual damages for medical tests, surgical
procedures, Hospital Inpatient Confinement, medical attendance, treatments and
maintenance, etc., in the sum of TWO HUNDRED THOUSAND PESOS (P200,
000.00). a Copy of the receipts issued by Dr. Jane Dela Cruz and Dr. Jose
Manansala are hereby attached as Annex “D-1”, “D-2”, “D-3” and made an integral
part hereto;

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 9. That plaintiff Uricio Arambala suffered physical injuries which did not require
medical attendance. However, the motorcycle owned and driven by him was badly
damaged and will require substantial repairs estimated to be at SEVENTEEN
THOUSAND PESOS (P17, 000.00);

10. That plaintiff Uricio Arambala, by reason of having been deprived of the use of his
motorcycle, is missing important business contracts during the period of repairs,
estimated to be about ten (10) days, which will cause his loss of profits to the
extent of not less than TEN THOUSAND PESOS (P10,000.00); A copy of the
receipts is hereby attached as Annex “F-1” and “F-2”

11. That plaintiff Ella Arambala, by reason of her physical injury caused by the
hematoma will not be able to perform her work as a cashier in Puregold Quezon
Ave at an estimated time of two (2) to three (3) months which will cause her loss of
profits to the extent of not less than THIRTY THOUSAND PESOS (P30,000.00); A
copy of the pay slip is hereby attached as Annex “G”;

12. That by reason thereof, the plaintiffs suffered not only physical injuries for which
they were medically treated but also mental anguish, serious anxiety, and moral
shock in the amount of FIVE HUNDRED THOUSAND (p500, 000.00) as moral
damages;

13. That prior to the filing of this complaint, the plaintiffs through counsel, had
written to the defendant that it his legal duty to make good at least the actual
damages suffered by the plaintiffs, but said defendant refused plaintiff’s request for
an extrajudicial settlement, such that the plaintiffs were compelled to go to the
court for redress of their grievances;

14. That in being compelled to litigate, plaintiffs were obliged to hire the services of a
lawyer who is entitled to attorney’s fees in the mount of ONE HUNDRED
THOUSAND PESOS (P100,000.00);

WHEREFORE, IN VIEW OF THE FOREGOING, plaintiffs through counsel pray this

Honorable Court, after due hearing, to adjudge defendant, S/Sgt. Kenneth Paman, jointly
and severally liable to pay the following:

a) To Ella Arambala
1. Actual damages of TWO HUNDRED THOUSAND PESOS (P200,000.00)
2. Loss of profit of THIRTY THOUSAND PESOS (P30,000.00)

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 b) To Uricio Arambala
1. Actual damages of SEVENTEEN THOUSAND PESOS (P17,000.00)
2. Loss of profit of TEN THOUSAND PESOS (P10,000.00)
c) To Ella Arambala and Uricio Arambala
1. Moral damages of FIVE HUNDRED THOUSAND PESOS (P500,000.00)
2. Attorney’s fees of ONE HUNDRED THOUSAND PESOS (P100,000)

Or total damages for both plaintiffs in the sum of SIX HUNDRED SEVEN THOUSAND
PESOS (P607, 000.00) with legal interest from the date of filing this suit plus costs of suit,
and such other remedies as may be just and equitable.

All other just and equitable reliefs are also prayed for

Quezon City, Philippines, this 1oth of day February, 2020.

ATTY. GABRIEL LOYOLA

COUNSEL FOR
PETITIONER
Roll No. 12345
PTR NO. 20888208-J/01-15-
2020
IBP NO. 2051258/01-04-2020
MCLE Comp. No. IV-000333
dated April 15, 2019

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 VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

We, URICIO ARAMBALA and ELLA ARAMBALA, both of legal age, married, residing at
#438 San Diego Street, Sampaloc Manila, under oath depose and state:
1. That we are the Complainant in the above-captioned case;
2. That we caused the preparation of the Complaint;
3. That all allegations therein are true and correct based on our own personal
knowledge and based on authentic records.
4. That should we learn the same or similar action or claim has been filed or is
pending, we shall notify the court within five (5) days from our notice.

IN WITNESS WHEREOF, we have signed this instrument on February 10, 2020.

ELLA ARAMBALA
Affiant
SSS ID No. 33-889898

URICIO ARAMBALA
Affiant
Driver’s License No. AO1-55-0128
Expiry Date: 2023-09-28

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public for and in Quezon
City, affiant personally appeared having exhibited to me her Driver’s License which
details are indicated below her name and signature.
WITNESS MY HAND AND SEAL this 10th day of February 2020 in Quezon City.

ATTY. PEARL SORIANO

NOTARY PUBLIC
Roll of Attorneys No. 12345
PTR NO. 678911
IBP NO. 121314

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 MCLE Comp. No. IV-000888

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2020

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