Republic of the Philippines

REGIONAL TRIAL COURT

Fifth Judicial Region
Branch ___ at Naga City

DIANNE M. DURANTE
Plaintiff

- versus - Civil Case No. ____________

For: DAMAGES BASED ON
QUASI-DELICT

NELSY L. GASYON and MARIO

L. EGATOR
Defendants
xxx - - - - - - - - - - - - - - - - - - - - - - - - xxx

COMPLAINT

PLAINTIFF, by counsel, and unto this Honorable Court, most respectfully

states that:

1. Plaintiff is of legal age, single, with full civil capacity, Filipino

and a resident of 3C Dormivel Residences, Ateneo Avenue, Naga City. She is
currently employed as a paralegal in DDLaw Office.

2. Defendant Nelsy L. Gasyon (“Nelsy”) is of legal age, married,

and with full civil capacity; while defendant Mario L. Egator (“Mario”) is
single and a minor. Both defendants are Filipinos and residents of No. 3
Malaya Street, Queborac Drive, Bagumbayan Sur, Naga City where they may
be served with summons, notices, orders and other court processes.

2.1. The defendants were personally known to the plaintiff.

The plaintiff used to work in RCBC bank, Naga Branch, where
she first met Nelsy, her immediate supervisor. The plaintiff’s
relationship with Nelsy did not work out very well. Two months
before the plaintiff resigned from her work in the bank, Nelsy got
promoted and became the Branch Manager. Nelsy also received
a black Toyota Vios car from the bank as a reward for her twenty
years of loyal service in the bank. The black Toyota Vios car was
registered under Nelsy’s name.

2.2. Mario is an orphan. Nelsy took custody of him since he

was nine years old. Mario became the scholar of Nelsy and works
as a part-time boy helper in Gasyon’s residence. The black
Toyota Vios car is sometimes used by Mario to run errands. He
is a holder of a student driver’s license.
 Page 2 of 6

3. In the early morning of 31 July 2020, the plaintiff went to Naga

Metropolitan Cathedral to light candles, attend mass and offer intentions to
the soul of her late grandmother for the latter’s 10th year death anniversary.
Thereafter, on her way home, while crossing the road, coming from Naga
Parochial School, an orange Ford Ranger Raptor pickup truck coming from
the direction of Ateneo de Naga University stopped to allow the plaintiff to
pass. However, as the plaintiff was about to cross the road, a black Toyota
Vios car, coming from the same direction and was driven by defendant Mario,
running at a speed of 80 kilometers per hour, bypassed the pickup truck. In
doing so, the plaintiff was struck by the defendant’s car. As a result, the
plaintiff was thrown to the ground, hitting her head and right arm. Mario
subsequently made a full stop. Mario disregarded the presence of the
pedestrian lane and the sign cautioning motorists to slow down. He drove his
vehicle in full speed despite being aware that he was traversing a school
zone and pedestrians were crossing the street.

4. Angela L. Oxin (“Angela”), the driver of the pickup truck who

witnessed the incident immediately went down from her vehicle to help the
plaintiff. Mario also went down from his vehicle and immediately recognized
the plaintiff. Mario then asked Angela to assist the plaintiff in going to the
hospital and that he will just follow them after attending to an important
errand. Not long after, Mario left the place and the plaintiff was immediately
brought to Naga City Hospital. Angela narrated the incident in a sworn
statement. A copy of the sworn statement dated 25 August 2020 by Angela L.
Oxin is herewith appended as Annex “A”.

5. The plaintiff was brought to the emergency room because she

cannot endure the extreme headache. She also sustained several wounds on
her right face and numerous bruises on her right shoulder. Also, the plaintiff
cannot move her right arm properly. Several photographs of the plaintiff’s
condition were taken by Angela. Copies of the images are herewith appended
as Annex “B”. The close-up shots of the wounds on the plaintiff’s face and
the bruises on her right shoulder are herewith appended as Annex “B-1” and
Annex “B-2” respectively.

5.1. Upon the recommendation of the attending

physician, the plaintiff was brought to NICC Doctors Hospital
for X-Ray and CT-scan. The findings from the several tests
conducted by Dr. Paulo A. Velino (“Dr. Velino”) revealed that
the plaintiff sustained an arm fracture causing the bone fragments
in her right arm to be protruded and that the severe headache
experienced by the plaintiff was caused by the sustained
contusion hemorrhage in the temporal region of her brain. She
also had a non-displaced fracture on the right region of the skull.
Dr. Velino opined that the injuries sustained by the plaintiff were
caused by the great impact of the car that hit the plaintiff and
which was worsened when she was thrown to the ground and
thwacked her head.
 Page 3 of 6

5.2. Based from the medical findings, Dr. Velino asked

the plaintiff to undergo several tests and operations. A copy of
the medical certificate signed by Dr. Velino which shows the
medical tests and operations conducted by him is herewith
appended as Annex “C”. Also, copies of the X-Ray and CT-scan
results of the plaintiff are herewith appended as Annex “C-1”
and Annex “C-2” respectively.

6. The tests and operations conducted to the plaintiff yielded

successful results. The plaintiff stayed in the hospital for almost three weeks.
Some of the plaintiff’s former officemates in the bank visited her in the
hospital but both the defendants did not even pay a visit. From the several
tests and operations conducted to her, the medical bill of the plaintiff
amounted to Php 320,000.00. Because of the prolonged stay of the plaintiff
in the hospital, additional costs were added to the bill. Copies of the medical
bills from NICC Doctors Hospital is herewith appended as Annex “D”.

7. After the plaintiff was discharged from the hospital, the plaintiff,
through her cousin Katherine D. Bernardo sent a demand letter dated 19
August 2020 addressed to both the defendants, asking them to formally
respond within three days and to reimburse the medical expenses incurred by
the plaintiff. Attached thereto is the medical bill of the plaintiff from NICC
Doctors Hospital. On that same day, the letter was received by Mario. On the
next day, the plaintiff received flowers and a note saying:

“Sorry, hindi kita nakita, kasalanan mo rin kasi at bigla ka

nalang dun tumawid. Wala akong ipambabayad sa’yo. Pasensya
na lang!
-Mario”

The copy of the demand letter is herewith appended as Annex “E”, while the
photograph of the flowers delivered and the note given to the plaintiff are
herewith appended as Annex “F” and Annex “F-1” respectively.

8. On 24 August 2020, the plaintiff received a call from one Beatriz

A. Lonzo (“Beatriz”), one of the plaintiff’s former officemates in the bank
averring that Nelsy told her that she will not pay even a single centavo to the
plaintiff. Nelsy also said that she was in Cebu City when the incident
happened and she has nothing to do with the plaintiff’s injuries. Nelsy further
opined that the injuries suffered by the plaintiff was caused by her own
negligence because she was not on the pedestrian lane when the car driven by
Mario hit her. To prove that Beatriz is telling the truth, a copy of the sworn
statement dated 26 August 2020 by Beatriz A. Lonzo is herewith appended as
Annex “G”.

9. The plaintiff remembered that she started to cross the road using
the pedestrian lane but because she wants to reach her destination
immediately, she walked diagonally across the road. To prove her claim, the
 Page 4 of 6

plaintiff went to Apollo Building situated just in front of Naga Parochial

School and looked for Pio L. Opascual (“Pio”), the manager of the laundry
shop located at the ground floor of the said building. Pio witnessed the
incident happened last 31 July 2020 and he also helped Angela in bringing the
plaintiff to the hospital. The plaintiff asked Pio to help her and testify for the
said incident. Pio willingly acceded and even offered to use the footage
captured by the CCTV placed outside of his laundry shop. A copy of the
sworn statement dated 27 August 2020 by Pio L. Opascual is herewith
appended as Annex “H”. The copy of the CCTV footage capturing the
incident happened last 31 July 2020 is saved in a USB Flash Drive. The USB
flash drive is herewith appended as Annex “I”.

10. The gross negligence of defendant Mario caused damage and

prejudice to the plaintiff. Thus, the latter is filing this instant case to charge
defendant Nelsy for being vicariously liable for the incident and for the reason
that she has the custody and responsibility of Mario, a minor. The filing of
this civil case will charge the defendants for damages and will enforce civil
liability against them arising from quasi-delicts.

11. As a consequence of their acts, apart from the actual expenses

incurred, the plaintiff has also suffered serious anxiety, mental anguish and
sleepless nights due to the impact of the incident happened last 31 July 2020.
She was compelled to leave from work for almost a month. She also suffered
emotional distress from the obvious reason that defendant Nelsy refused to
reimburse the appropriate amount due to the plaintiff. If quantified
monetarily, the defendants shall be liable for an amount of Php 15,000.00 for
income opportunity loss and Php 50,000.00 for moral damages.

12. Likewise, as for disciplinary liability in order that the acts of the
defendants may not be repeated, and by way of punitive example to them and
to the public, they should be made liable for exemplary damages of no less
than Php 50,000.00.

13. The plaintiff was also compelled to seek redress in court and to
hire the services of a private lawyer. Hence, the plaintiff has already spent
Php 25,000.00 for acceptance fee for the filing of this complaint and will
continue to spend for legal costs in the estimated sums of no less than Php
50,000.00 for attorney’s fees plus other incidental litigation expenses of Php
20,000.00, not including the filing fees that the plaintiff will be required to
pay for this civil complaint for damages.

WHEREFORE, in the light of the foregoing premises, to better serve justice,

it is respectfully prayed that after due hearing, judgment be rendered ordering
the defendants to pay the plaintiffs the following:

a) Three hundred twenty thousand pesos (Php 320,000.00) as actual or

compensatory damages representing the hospitalization and medical
expenses incurred by the plaintiff;
 Page 5 of 6

b) Fifteen thousand pesos (Php 15,000.00) for income opportunity

loss;

c) Fifty thousand pesos (Php 50,000) for moral damages and another
fifty thousand pesos (Php 50,000) for exemplary damages;

d) Twenty-five thousand pesos (Php 25,000.00) for acceptance fee for

the filing of this complaint, additional fifty thousand pesos (Php
50,000.00) for attorney’s fees and other incidental litigation
expenses in the amount of twenty (Php 20,000.00); and

e) Other costs of suit.

Other relief just and equitable under the premises and consistent with
justice and equity are also prayed for by the plaintiff.

Naga City, 28 August 2020.

DDLAW and ASSOCIATES

Counsel for the Plaintiff
2/F Unit 32 Malikhain Building
Mayon Avenue, Naga City
ddlawandassociates@gmail.com
Tel. No. (054) 321-7654

By: DING D. DANTES

Attorney’s Roll No. 98765
IBP – 099999/1-29-2020/ Cam. Sur
PTR – 7654321/1-22-2020/ Naga City
MCLE No: V – 0003333 (until 2022)

Kindly see the VERIFICATION and CERTIFICATION on the next page

 Page 6 of 6

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, DIANNE M. DURANTE, of legal age, single, Filipino and a resident of

3C Dormivel Residences, Ateneo Avenue, Naga City, under oath, declare
that:

1. I am the plaintiff in the above-entitled case.

2. I have caused the preparation and filing of the foregoing complaint

and have read and understood the same.

3. The allegations therein are true and correct of my own knowledge

and/or based on authentic records.

4. I further certify that I have not heretofore commenced any action or

proceeding involving the same issue/s stated in the complaint in any court,
tribunal or quasi-judicial agency and, to the best of my knowledge, no such
action or claim is pending therein. If I should hereafter learn that a similar
action or proceeding has been filed or is pending before any court, tribunal or
quasi-judicial agency, I shall report such fact within five (5) days therefrom
to this court.

IN WITNESS WHEREOF, I have hereunto set my hand this 28th day

of August 2020 at Naga City.

DIANNE M. DURANTE
Affiant

SUBSCRIBED AND SWORN to before me this 28th day of August 2020

at Naga City, with affiant exhibiting to me her Passport with ID No.
P1234567B , bearing thereon her picture.

MARIA N. RIVERA
Doc. No. 144 ; Notary Public, Naga City
Page No. 45 ; Attorney’s Roll No. 56789
Book No. II ; Comm. No. 20-20 until 31 Dec. 2022
Series of 2020. IBP OP No. 123456 / 4-28-20 / N.C.
O.R No. 1234567 / 1-15-20 / Naga City
MCLE No. V-001234 / 12-18-2022
 ANNEX “A”

SWORN STATEMENT
OF ANGELA L. OXIN
dated 25 August 2020
(Duly notarized)

NOTE: This pleading is for academic purposes only.

 ANNEX “B”

IMAGES OF THE PLAINTIFF’S

CONDITION DURING THE INCIDENT
dated 31 July 2020

NOTE: This pleading is for academic purposes only.

 ANNEX “B-1”

CLOSE-UP IMAGES OF
THE WOUNDS ON THE
PLAINTIFF’S FACE

NOTE: This pleading is for academic purposes only.

 ANNEX “B-2”

CLOSE-UP IMAGES OF
THE BRUISES ON THE PLAINTIFF’S
RIGHT SHOULDER

NOTE: This pleading is for academic purposes only.

 ANNEX “C”

MEDICAL CERTIFICATE
SIGNED BY DR. PAULO A. VELINO
(Attaching all the medical tests and operations results)

NOTE: This pleading is for academic purposes only.

 ANNEX “C-1”

X-RAY RESULT CONDUCTED BY

DR. PAULO A. VELINO
(Conducted at NICC Doctors Hospital)

NOTE: This pleading is for academic purposes only.

 ANNEX “C-2”

CT-SCAN RESULT CONDUCTED BY

DR. PAULO A. VELINO
(Conducted at NICC Doctors Hospital)

NOTE: This pleading is for academic purposes only.

 ANNEX “D”

MEDICAL BILL OF THE PLAINTIFF

FROM NICC DOCTORS HOSPITAL
(With a total amount of Php 320,000.00)

NOTE: This pleading is for academic purposes only.

 ANNEX “E”

DEMAND LETTER ADDRESSED

TO NELSY L. GASYON AND MARIO L. EGATOR
dated 19 August 2020
(Received by Mario L. Egator)

NOTE: This pleading is for academic purposes only.

 ANNEX “F”

IMAGE OF THE FLOWERS

DELIVERED TO THE PLAINTIFF
(With a note attached to it)

NOTE: This pleading is for academic purposes only.

 ANNEX “F-1”

NOTE ATTACHED TO FLOWERS

WITH THE WORDS WRITTEN
BY MARIO L. EGATOR

NOTE: This pleading is for academic purposes only.

 ANNEX “G”

SWORN STATEMENT
OF BEATRIZ A. LONZO
dated 26 August 2020
(Duly notarized)

NOTE: This pleading is for academic purposes only.

 ANNEX “H”

SWORN STATEMENT
OF PIO L. OPASCUAL
dated 27 August 2020
(Duly notarized)

NOTE: This pleading is for academic purposes only.

 ANNEX “I”

USB FLASH DRIVE

CONTAINING A CCTV FOOTAGE
dated 31 July 2020
(Capturing the incident)

NOTE: This pleading is for academic purposes only.