Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch ___, San Fernando, La Union

Sps. FILOMINO AVISO and

FILOMINA AVISO,
Plaintiffs,

Civil Case No. _____________

-versus
FOR: Damages
JUAN ABLOG and PARTAK
BUS COMPANY,
Defendants.
x--------------------------------------x

COMPLAINT

PLAINTIFFS, by and through the undersigned counsel and unto this

Honorable Court most respectfully allege that:

1. The Plaintiffs Filemon and Filemona Aviso are spouses, both Filipino, of
legal age and residents of 108 Ilacanos Sur, San Fernando City, La Union,
Philippines.
2. The Defendant Partak Bus Company is a domestic corporation duly
organized under the laws of the Philippines engaged in the business of
land transportation of passengers and goods and a holder of certificate of
public convenience with principal place of business at 640 Quezon Avenue,
Quezon City, Philippines, where it may be served with summons and other
court processes. A copy of the certificate of public convenience is hereto
attached as Annex A;
3. The Defendant Juan Ablog is a Filipino, of legal age, married and a resident
of 960-1 Lingsat, San Fernando City, La Union, Philippines. Defendant

Ablog may be served with summons and other court processes in the said
address;

4. On June 26, 2016, at about 6:40 in the morning, a passenger bus with plate
number IPU 246 owned and operated by Northern Bus Line Company and
driven by Paolo Ololo departed from its bus terminal at Candon, Ilocos Sur
on its way to its destination at Pasay, Manila bus terminal. Plaintiff boarded
the said passenger bus at San Fernando, La Union to its destination in
Manila for a business meeting;

5. While navigating along the portion of Mc Arthur Highway, Sison, Pangsinan,

a passenger bus with plate number 3110 owned and operated by the
defendant Partak Bus Company and driven by defendant Juan Ablog,
coming from an opposite direction swiftly swerved to enter the MacArthur
Highway lane, thereby colliding with the Northern Passenger bus;

6. Because of the great impact, plaintiff suffered physical injuries for which he
was treated and confined at Pangasinan Provincial Hospital in Urdaneta,
Pangasinan, incurring hospitalization and medical expenses amounting to a
sum of four hundred thousand pesos (P 400, 000.00). The copy of the
official receipts issued by Pangasinan Provincial Hospital, Doctor Jennifer
Zafe, Doctor Saffanah Aslahon, Doctor Charmaine Guevarra and Mercury
Drugs as Annexes B, C, D, E, respectively and made an integral part
hereto;
7. By reason thereof, the defendant Paolo Ololo and Northern Bus Company
is liable for quasi-delict.
8. The defendant Northern Bus is liable for quasi-delict because they are the
employer of defendant Paolo Ololo. Likewise, defendant Northern Bus is
the owner and operator of Northern passenger bus wherein the negligent
acts were committed.

Defendant Northern Bus failed to prevent the

damage, injury and unnecessary expenses suffered by plaintiff through the

fault or the negligence of its employee driver defendant Paolo Ololo.
9. Defendant Paolo Ololo as a driver of the Northern passengers bus are also
liable for quasi-delict because as a driver they have the duty to exercise

required degree of care, skill and diligence in transporting their passengers

safely to its destination.
10.

In contravention of these duties, defendant Paolo Ololo exhibited lack

of skill and diligence in driving the passenger bus. Herein defendant was
evidently guilty of gross negligence. Such lack of skill and want of care and
gross negligence directly caused serious injuries to the plaintiff and
resulted in substantial expenses on his part.
11.

Plaintiff caused the sending of separate letters dated 19 July 2016 to

the defendants, asking them to communicate with plaintiffs counsel for the
purpose of settling the damage caused to the plaintiff by reason of the fault
or negligence on the part of the defendants. The copies of the letters are
hereto attached as Annexes F and G;

12.

However, instead of heeding the polite demands of the plaintiff, the

defendants, simply ignored to entertain plaintiffs just demands in his letter.

Thus, the plaintiffs seek the assistance of this Honorable Court.

DAMAGES
13.

As a result of defendants fault or negligence constituting quasi-delict,

they are liable to plaintiff for damages.

14.

Because of the incident, plaintiff has had to undergo monthly check-

ups thereby unnecessarily incurring expenses in the amount of not less

than PhP 300,000.00.
15.

Consequently, plaintiff incurred loss of earnings because of the

injuries suffered from the incident. Plaintiff is a businessman and he had to

stop working for three months thereby losing potential income in the
amount of atleast Fifty Thousand Pesos (Php500,000.00), representing
cancelled transactions and unrealized profits.
16.

Plaintiff was compelled to file this case because of defendants

obstinate and unjustified refusal to take responsibility for their actions. His

polite demands were simply ignored. Thus, plaintiff had no other recourse
but to hire a lawyer and pursue legal action. In the process, he will be
spending for attorneys fees in the amount of at least PhP 500,000.00 and
other legal expenses in the amount of at least PhP 100,000.00.
17.

In addition to the physical injuries and pain, plaintiff Filemon Arviso

has also suffered and is still suffering mental anguish, severe anxiety and
psychological torture caused by the incident. He has been suffering from
sleepless nights and tormented by financial expenses which could have
been avoided, thereby entitling her to moral damages in the amount of, at
least, PhP 400,000.00.

PRAYER
WHEREFORE, PREMISES CONSIDERED, plaintiff, through
the undersigned counsel most respectfully prays on this Honorable Court,
after due hearing, to adjudge defendants Paolo Ololo and Northern Line
Bus Company jointly and severally, to pay the plaintiff the following:
1) Seven Hundred Thousand Pesos (Php 700,000.00) as actual or
compensatory damages representing the hospitalization and medical
expenses of the plaintiff;
2) Five Hundred Thousand Pesos (Php500,000.00) for loss of earning and
income;
3) Four Hundred Thousand Pesos (Php 400, 000.00) for moral damages;
4) Five Hundred Thousand Pesos (PhP 500,000.00) for attorneys fees and
One Hundred Thousand Pesos (100, 000.00) for litigation expenses;
5) Other just and equitable reliefs are, likewise, prayed for.
RESPECTFULLY SUBMITTED this 6 August 2016 at San Fernando
City, La Union, Philippines.

FILOMINO AVISO and FILOMINA AVISO

Plaintiffs

Assisted by

HIDALGO ESTEPHA AND ASSOCIATES LAW OFFICES

319-A, 3rd floor, Diocesan Center, Gomez Street, San Fernando City, La
Union, Philippines.
e-mail: HEAlawoffices@gmail.com
telephone number: 082-296-123

JURAT and CERTIFICATION

I, FILOMINO AVISO, after having been sworn to in accordance with

law hereby depose and say THAT:

1.

I am one of the plaintiffs in the above-entitled case;

2.

I have caused the preparation and filing of the foregoing

complaint, that I have read the allegations therein, and that they are
true and correct of my own personal knowledge and belief and based
on authentic documents;

3.

Other than the foregoing complaint, I have not commenced any

other action or proceeding involving the same issue before the

Supreme Court or Court of Appeals or any divisions thereof or before
any tribunal or agency and that, to the best of my knowledge, there is
no such action or proceeding pending before any tribunal;

4.

If other than the foregoing complaint, I should learn that a

similar action or proceeding has been filed or is pending in any

tribunal, I will notify this Honorable Court of the same within five (5)
days from such notice

IN WITNESS WHEREOF, I have hereunto set my hand this 6, August

2016 at San Fernando City, La Union, Philippines.

SUBSCRIBED AND SWORN TO before me a Notary Public, for and

in the City of Davao, the affiant, Filomino Aviso exhibited to me her current
and unexpired drivers license numbered L02-123456 valid until May 1,
2015, bearing her photograph and signature as competent proof of her
identity.

CINDY SORIANO
Doc No.: 50

Notary Public for La Union

Page No.10

Notarial Commission No. 123-2012

Book No.II
Series of 2016.

PTR No. 123456; 01-02-13;D.C.

IBP Life Member Roll 12348
MCLE Compliance No. III-123459; 0110-2012
Issued at Manila City