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Republic of the Philippines

11th Judicial Region


REGIONAL TRIAL COURT
Branch ____
Davao City

FE TUADLES, CIVIL CASE NO. __________


Plaintiff,

-versus- -for-

BONIFACIO CRUZ, DAMAGES and ATTORNEY’S


MARCELO LARA, FEES
Operating under the name
and style ULTA Speed Machine Shop
and A’s Metal Products, AURELIO LAXA;
x---------------------------------------------------x

COMPLAINT

COMES NOW, the plaintiff, through counsel, unto this


Honorable Court, most respectfully states that:

1. Plaintiff is of legal age, Filipino, widow, and resident of Door 7,


Maslog Apartment, Sunflower St., Ubalde, Agdao, Davao City
where she may be served with summons and other processes of this
Honorable Court;

2. Defendant Bonifacio Cruz (Bonifacio) is of legal age, Filipino,


married, and resident of Lot 16, Blk 8 Victors Subdivision,
Communal,Buhangin, Davao City where he may be served with
summons and other processes of this Honorable Court;

3. Bonifacio is the registered owner of the Cimarron Jeepney bearing


Plate No. LXX-349.

4. Defendant Marcelo Lara (Marcelo) is of legal age, Filipino,


married, and resident of Lot 1,Blk 1 Bellisario Village,San
Antonio, Agdao, Davao City where he may be served with
summons and other processes of this Honorable Court.

5. Marcelo is the proprietor of ULTA Speed Machine Shop and A’s


Metal Products;
6. Defendant Aurelio Laxa (Aurelio) is of legal age, Filipino,
married, and resident of 667- Pag Asa St. Jacinto, Davao City,
where he may be served with summons and other processes of this
Honorable Court

7. Aurelio is a driver of A’s Metal Products;

II. FACTS OF THE CASE:


1. On December 19,2018, defendant Bonifacio brought his
Cimarron Jeepney to ULTA Speed Machine Shop and A’s Metal
Products (Shop for brevity), owned by defendant Marcelo, for
repairs. He left the vehicle at the Shop;

2. On December 23,2018, defendant Aurelio, an employee of the


Shop, without the knowledge and consent of defendant Bonifacio,
drove the vehicle with his co-workers on board to the beach;

3. On their way back to the shop, Aurelio recklessly and negligently


drove the vehicle the vehicle that he lost control over it while
negotiating a curve causing it to turn turtle;

4. The incident resulted to the death of one of the passengers, Romeo


Tuadles (Romeo), the husband of herein plaintiff Fe.

5. On January 30, 2018, the plaintiff through her attorney, sent a


demand letter to the defendant demanding indemnification as
payment for damages resulting from Romeo’s death in the amount
of P150,000.00;
6. The plaintiff sent several demand letters but remained unheeded.
Thus, compelling the plaintiff to seek relief from the court.
III. PRAYER

WHEREFORE, it is respectfully prayed that judgment be rendered ordering


defendant to pay the following sums to plaintiff :

1. Ordering the defendants to pay the plaintiff the amount of


P150,000;

2. Ordering the defendants to pay the plaintiff actual damages in the


amount of P70,000.00;

3. Ordering the defendants to pay the plaintiff moral damages in the


amount of P50,000.00;

4. Ordering the defendants to pay the plaintiff attorney’s fee in the


amount of P50,000;

5. Ordering the defendants to pay the cost of the suit.

Other reliefs just and equitable are likewise prayed for.

RESPECTFULLY SUBMITTED this 14th day of February 2019


at Davao City,Philippines.

VERIFICATION WITH CERTIFICATION


OF NON-FORUM SHOPPING

I, Fe Tuadles, of legal age, Filipino, single, and a resident of Agdao


District, Davao City, first being sworn to in accordance with law, hereby depose
and say that:

1. I am the complainant in the above- captioned complaint;


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

3. I have read and understood the allegations contained therein and the
same are true and correct of my own knowledge and based on authentic
records;
4. I have not heretofore commenced or filed any other action involving the
same issues in any court, tribunal, or agency; that to the best of my
knowledge, no such action is pending in any court, tribunal or agency; that
should I hereafter learn of any such pending action, I undertake to inform
this Honorable Office of such fact within five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day
of February 2019 at Davao City, Philippines.

FE TUADLES
Affiant

SUBSCRIBED AND SWORN TO before me this 14 TH day of February


2019, at Davao City, Philippines. Affiant, for purposes of identity, exhibited to me
her SSS identification No. 123456

Doc. No. ____


Page No. ____
Book No. ____

Respectfully submitted:

DAPHNIE D. DERIGAY
Notary Public for and in Davao City
MCLE Compliance No. IV-0021708/08-15-13
IBP No. 948562 / 01-01-19 Davao City
PTR No. 3863017 / 01-30-19 Davao City.
Roll No. 60035
TIN 105-272-273
Door 11 Plaza de tavera Bldg. Camus Ext. Davao City