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Republic of the Philippines

REGIONAL TRIAL COURT


National Capital Region
Quezon City

PETER PALL,
Plaintiff,
-versus-

CIVIL CASE No.: 43245


FOR: Damages, with Attorneys Fees

JOHN HOWLER and


ZIPZOOM TRANSPORT, INC.
Defendants.
x--------------------------------------x

COMPLAINT
Plaintiff, by counsel, respectfully avers THAT:
1. Plaintiff is a Filipino, of legal age, single and residing at No. 11 Unit-C, Eli Global
Apartments, Quezon City, where he may be served with summons, papers and other
process of this Honorable Court.
2. Defendant John Howler, is a Filipino, of legal age, married and residing at No. 22
Maceda St., Sampaloc, Manila, where he may be served with summons, papers, and other
process of this Honorable Court.
3. Defendant Zipzoom Transport, Inc. is duly registered company engaged in transport
services with place of business at 333 Ayala Avenue, Makati City.
4. Plaintiff is a call center agent.
5. Defendant John Howler was the employee and driver of the bus owned and operated by
Zipzoom Transport, Inc., particularly described as follows:
Make and Type: Foton
Plate No: ABC-123
6. The buss route was along north-bound of Epifanio Delos Santos Avenue (EDSA) when
the accident happened.
7. On November 27, 2015, around 1:15 a.m., plaintiff decided to take the Zipzoom bus in
order to get home.
8. When it was 1:35 a.m., as the bus reached Eton Centris, Quezon Avenue, it stopped
halfway into the shoulder of the road in order for the plaintiff to alight.
9. When plaintiff was about to alight the bus, a speeding gas tanker slammed into the back
of the Zipzoom bus which had plaintiff threw meters away.
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10. Resulting from the mishap, plaintiff sustained severe injuries and was hospitalized for a
month. A copy of the medical information regarding plaintiffs condition is hereto
attached as Annex A.
11. Further recuperation and therapy kept him from his job for another three (3) months,
having his earning capacity descended.
12. A letter of demand for indemnification for damages was made by the plaintiff to the
defendants. A copy of the demand letter is hereto attached as Annex B.
13. Defendants denied any liability.
14. Plaintiff invokes that the defendants violated Articles 20, 2176, and 2180 of the New
Civil Code of the Philippines, which reads:
Art. 20. Every person who, contrary to law, willfully or negligently causes damage to
another, shall indemnify the latter for the same.
Art. 2176. Whoever by act or omission causes damage to another, there being fault or
negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no
pre-existing contractual relation between the parties, is called a quasi-delict and is
governed by the provisions of this Chapter.
Art. 2180. The obligation imposed by Article 2176 is demandable not only for one's own
acts or omissions, but also for those of persons for whom one is responsible.
xxxx
Employers shall be liable for the damages caused by their employees and household
helpers acting within the scope of their assigned tasks, even though the former are not
engaged in any business or industry.
xxxx
15. Plaintiff, having incurred physical suffering and mental anguish, resorts to acquisition of
moral damages in accordance with Art. 2217 and Art. 2219 of the New Civil Code, to wit:
Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and
similar injury. Though incapable of pecuniary computation, moral damages may be
recovered if they are the proximate result of the defendant's wrongful act for omission.
Art. 2219. Moral damages may be recovered in the following and analogous cases:
xxxx
(2) Quasi-delicts causing physical injuries;
xxxx
16. As plaintiffs matter of right and by virtue of the law, he obtained the assistance of
counsel to institute the present suit for damages in the amount of ONE HUNDRED
THOUSAND PESOS (P 100,000.00) and as Attorney's Fees the amount equivalent to
TWENTY FIVE PERCENT (25%) of the total amount to be adjudged in favor of
plaintiffs, and the costs of this suit.

PRAYER
Wherefore, the above premises considered, it is respectfully prayed of this Honorable
Court after hearing on the merits, that:
a. Defendants be ordered to pay for damages for the injuries sustained by the plaintiff in the
amount of ONE HUNDRED THOUSAND PESOS (P 100,000);
b. Defendants be ordered to pay moral damages in the amount of ONE HUNDRED
THOUSAND PESOS (P 100,000);
c. Defendants be ordered to pay attorneys fees and cost of litigation in an amount
equivalent to TWENTY FIVE PERCENT (25%) of the total amount to be adjudged in
favor of plaintiffs;
d. Defendants be ordered to pay the costs of this suit.
Other reliefs just and equitable under the premises are likewise prayed for.

For the Plaintiff


By
ATTY. DENISE G. RAFAEL
Joy & Xan Law Office, 30 Kalayaan St.,
Marunong Bldg., Quezon City.

PTR No. 19931 1-11-2011 Quezon City


IBP No. 1029386 1-12-2011 Quezon City
Roll No. 54321
MCLE Ex. No. 101-34567 1-23-2012

REPUBLIC OF THE PHILIPPINES)


QUEZON CITY) S.S.

VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING


I, Peter Pall, Filipino, of legal age, single and residing at No. 11 Unit-C, Eli Global Apartments,
Quezon City, after having been duly sworn in accordance with law, depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and correct of my personal
knowledge and/or on the basis of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to this Honorable Court.

PETER PALL

JURAT
SUBSCRIBED AND SWORN to before me, a notary public in and for Peter Pall, this 26th
day of April, 2016, at Quezon City, Philippines, affiant appearing before me with his CTC No.
443355 issued on July 6, 2013 at Diliman, Quezon City and TIN I.D with number 679759 issued
on June 1, 2011 at Diliman, Quezon City, presenting to me the above complaint, affiant
identified through his officially issued identity card bearing his photograph and signature and
Community Tax Certificate and who signed said document in my presence and sworn as to said
document that she understood the contents thereof and that the same was his free and voluntary
act and deed.

ATTY. DENISE G. RAFAEL


Notary Public for Quezon City
Joy & Xan Law Office, 30 Kalayaan St.,
Marunong Bldg., Quezon City.
Appointment No. 167 until December 2017
PTR No. 19931 1-11-2011 Quezon City
IBP No. 1029386 1-12-2011 Quezon City
Roll No. 54321
MCLE Ex. No. 101-34567 1-23-2012
Doc. No. 0011;
Page No. 100;
Book No. 008;
Series of 2016.

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