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Republic of the Philippines

Regional Trial Court


Branch 42
City of Dinagat Island

Spouses Marcus and Maureen


McPoyle, plaintiffs.
-versusDinagat Island Hotel and Resort
Corporation (DIHRC),
defendant.

Civil Case No. 6379-98


For Damages

x-------------------------------x
COMPLAINT
COMES NOW, the plaintiff together with the undersigned
counsel to this most honorable court, MOST RESPECTFULLY
STATES THAT:
1. Plaintiffs Marcus McPoyle and Maureen McPoyle (herein referred
as SPOUSES MCPOYLE) are both Filipino, of legal age, married,
and residing at 32E Jacinto St. Loreto, Dinagat Islands, where they
may be served with summons, papers and other process of this
Honourable Court.
2. Defendant Dinagat Island Hotel and Resort Corporation (herein
referred as CORPORATION), is a corporation duly organized and
existing under and by virtue of the laws of the Republic of the
Philippines, and engaged in the hotel business located at 6750
Hilay St. Dinagat, Dinagat Islands, where it may be served with
summons, papers and other process of this Honorable Court.
3. On February 13, 2016, a day before their wedding, SPOUSES
MCPOYLE, including several close family members and friends,
checked into the 5-star Dinagat Island Hotel and Resort owned and
operated by defendant CORPORATION. The McPoyle entourage
checked into four (4) rooms in the hotel, located at separate
buildings.

4. The SPOUSES MCPOYLE and their families stayed at two (2)


rooms at the Maharlika wing of building A and their close friends
stayed at two (2) rooms at the Sagigilid wing of building B.
5. On February 14, 2016, at around 2 oclock PM, SPOUSES
MCPOYLE left their hotel room and proceeded to the nearby
Church of the Holy Holiness for their wedding.
6. After the wedding ceremony and subsequent wedding banquet, at
around 9 oclock PM, SPOUSES MCPOYLE went back to their
hotel room, only to find out that the doors of their room ajar. After
examining their room, they found that they have been ransacked by
unknown intruders. Several personal items were missing, including
jewellery pieces, various electronic gadgets, clothes and an
unspecified amount of cash.
7. The SPOUSES MCPOYLE immediately informed the
management staff of the hotel of what had transpired in their
rooms. They asked JULIAN JORGE, the hotel manager, if they
could check the CCTV footage when the incident happened.
However, to their dismay, Jorge informed them that the CCTVs
located in the Majarlika building are not working for reasons that
were not disclosed to SPOUSES MCPOYLE.
8. SPOUSES MCPOYLE then asked the whereabouts of the security
guards in the building. Unfortunately, the sole guard tasked that
night to secure a 10- storey building was busy attending other
matters.
9. Thereafter, SPOUSES MCPOYLE reported the incident to the
police. The police have yet to identify the perpetrators.
10.The CORPORATION are not expected to be insurers of their
guests safety and security; however, they do have a legal duty to
provide reasonable measures for their protection.
11.As a result of the CORPORATIONs gross negligence and wanton,
wilful and reckless disregard for the safety of their guests,
SPOUSES MCPOYLE suffered actual damages. These damages
include mental anguish, fright, serious anxiety, and moral shock.
12.The CORPORATIONs gross negligence was wanton, wilful and
reckless disregard for its guests, punitive damages should also be
awarded against it in the amount to be determined at trial.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of
this Honorable Court that judgement be rendered in favor of the plaintiff
and that after judgement;
a.
b.

The Defendant shall be ordered to pay moral and actual damages


resulting for the CORPORATIONs gross negligence;
Punitive damages in an amount to be proven at trial;

As well, as such other reliefs and remedies under the premises are
likewise prayed for.
Municipality of Dinagat, Dinagat Islands Philippines, this 8th day of
March, 2016.

DELA PAZ, HICETA, ILAGAN LAW FIRM


Counsel for the Plaintiff
Rm.2405 24/F 2 Torre Lorenzo Bldg.,
Municipality of Dinagat, Dinagat Islands

Atty. Rikki Louis Dela Paz


PTR No. 98764532:7-98-54:B.C.
IBP No. 4589768:6-98-54:B.C.
Roll No. 234586:7-34-87
Atty. Esteele Vanessa Ann Hiceta
PTR No. 9112342:7-98-54:B.C.
IBP No. 4574268:6-98-54:B.C.
Roll No. 245786:7-34-87
Atty. Kyle Michael Ilagan
PTR No. 90975632:7-98-54:B.C.
IBP No. 4222368:6-98-54:B.C.
Roll No. 254386:7-34-87

VERIFICATION AND CERTIFICATION


We, Mr. & Mrs. Marcus and Maureen McPoyle, both Filipino, of legal
age, married, and residing at 32E Jacinto St. Loreto, Dinagat Islands after
being sworn according to law, hereby depose and state that;
1.

We are the Plaintiffs in this proceeding.

2. We have read and understood the filed complaint and allegations


therein.

Marcus McPoyle
Plaintiff

Maureen McPoyle
Plaintiff

In witness thereof, I, Atty. Esteele Vanessa Ann Hiceta, counsel of the


plaintiff, have herunto set my hand this 9th of March, 2016 at the
Municipality of Dinagat, Dinagat Islands.
Esteele Vanessa Ann A. Hiceta
Counsel for the Plaintiff
PTR No. 9112342:7-98-54:B.C.
IBP No. 4574268:6-98-54:B.C.
Roll No. 245786:7-34-87
Rm.2405 24/F 2 Torre Lorenzo Bldg.,
Municipality of Dinagat, Dinagat Islands