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Republic of the Philippines

National Capital Judicial Region


Office of the City Prosecutor
Pasig City

Spouses Ramon and Lydia Lee


Complainant

Versus CRIM.CASE NO.

FABIO S. TOLENTINO For Reckless Imprudence Resulting


Harmony Trans Corp (HTC) to Homecide
Defendant
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COMPLAINT

Plaintiffs Spouses Ramon and Lydia Lee, through the Undersigned Counsel, and
unto this Honorable Court, most respectfully states as follows:

1.Plaintiffs are Filipinos, of legal ages, the parents of the minor victim, Jonas Lee,
with residential address at 24-C P. Guevarra Street, San Juan City, where he
may be served with the process, orders and notices of this Honorable Court;

2.Defendants:

a. FABIO S. TOLENTINO on the other hand, is likewise Filipino, of legal


age, and with residential address at No. 24-C Poblacion, Cembo,
Makati City;

b. Harmony Trans Corp (HTC) a domestic corporation with business


address located at No. 256 Murphy, Cubao, Quezon City;

where they may be served with the processes, orders and notices of this
Honorable Court;

CAUSE OF ACTION

3.On December 24, 2016 at the height of Christmas rush, the defendant driver,
Fabio took with him Jonas Lee as passenger a 12-year old boy, on their way to
C-5 approaching Valle Verde in Pasig City, Fabio lost control of his gear and
collided with a station vehicle where Fabio was safe but Jonas got comatose, all
these reflected in the Traffic Accident Investigation Report dated December 26,
2016, signed by SP03 Agustin R. Trias of Eastern Police District, Valle Verde,
Pasig City.

Copy of the Traffic Accident Investigation Report dated December 26, 2016,
signed by SP03 Agustin R. Trias of Eastern Police District, Valle Verde, Pasig
City is hereto attached as Annex A;

Copy of the 118 pieces of original Official Receipts is hereto attached as Annex
A to Annex A-17;
After a week of suffering in comatose condition, Jonas died on February 26, 2017
whose body eventually lied in state of Arlington Funeral Homes;

That the expenses of the hospitalization of Jonas at Medical City exceeded to


P870,000.00; whereas Forty days after his death, the family of Jonas incurred a
total expenses until to his burial of P1.2 Million Pesos, as supported by the 118
pieces of original Official Receipts;

Copy of the 118 pieces of original Official Receipts is hereto attached as Annex
B to Annex B-17;

Due to such incident the parents of Jonas incurred a total expenses amounting to
P1.2 Million Pesos as Legal Damages

PRAYER

WHEREFORE, premises considered, Plaintiff most respectfully prays to the


Honorable Office that after procedural due process:

a. Judgment be rendered ordering the Defendant to pay the Plaintiff the


following:

a.1 Actual Expenses amounting P1.2 Million Pesos

a.2 One Hundred Thousand Pesos (Php. 100, 000.00) as and by way of
Attorneys fee.

a. 3 Indemnification amounting to Three Hundred Thousand Pesos (Php


300,000.00)

b. Defendant be likewise ordered to pay the costs of suit


Other reliefs just and equitable under the circumstances are likewise prayed for.

Mandaluyong City For Pasig City


March 2, 2016

ATTY. JOHN MATTHEW CALLANTA


Counsel for the Plaintiff
Unit 36-E Primary Complex Condominium
No. 69 Shaw Boulevard, Mandaluyong City

Roll No. 6969


PTR No. 666 / 06 January 2017 / Mandaluyong
IBP No. 555 / 10 January 2017 / Mandaluyong
MCLE Compliance No. VI-8888 /10 March 2016

ATTY. MARCIANO GALINDO JR


Counsel for the Plaintiff
Unit 36-E Primary Complex Condominium
No. 69 Shaw Boulevard, Mandaluyong City
Roll No. 7979
PTR No. 777 / 06 January 2017 / Mandaluyong
IBP No. 666 / 10 January 2017 / Mandaluyong
MCLE Compliance No. VI-9999 /10 March 2016

VERIFICTION AND
CERTIFICATION OF NON-FORUM SHOPPING

We, Spouses Ramon and Lydia Lee, Filipinos, of legal ages, after being duly
sworn in accordance with law, hereby depose and state as follows:

1.That we are the Plaintiff in the present criminal case For Reckless Imprudence
Resulting to Homecide against FABIO S. TOLENTINO and Harmony Trans Corp;

2.That we cause caused the preparation of the present Complaint and the
contents thereof as I had read and understood are true and correct to the best of
my personal knowledge and the authentic records in my possession;

3.That we have not commenced any action or filed any claim involving the same
issued in any court, tribunal or quasi-judicial agency and, to the best of my
personal knowledge, no such other action or claim is pending therein, and if there
be any such pending action or claim, a complete statement of the present status
thereof shall be provided by me, and I should thereafter learn that the same or
similar action or claim has been filed or ending, I shall report the fact thereof
within 5 days therefrom to the court wherein my aforementioned complaint or
initiatory pleading has been filed.

IN WITNESS WHEREOF, we have hereunto affix our signatures on this 2nd day
of March, 2017 at the City of _______________.

Spouses Ramon and Lydia Lee


AFFIANTS

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SUBSCRIBED AND SWORN to before me on this 2nd day of March, 2017 in the
City of ______, Philippines, by the affiant who exhibited to me his foregoing
competent proof of identification.

Doc. No. ____


Page No. ____
Book No. ____
Series 2017