Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT QUEZON CITY BRANCH 76 EMELITA C.

EVANGELISTA Plaintiff, - versus Civil Case No. 5298134 For: DAMAGES ALFRED MENDIOLA (aka Allan Torres), BATIBOT PARULAN, ROGER DOMINGUEZ, RAYMOND DOMINGUEZ, JAYSON ABALOS, JOEL POLICARPIO and ROLLY AGUSTIN Defendants. x-----------------------------------x COMPLAINT Plaintiff thru counsel, and unto this Honorable Court, respectfully manifests: 1. That plaintiff Emelita C. Evangelista, Filipino, married to Venson Evangelista, of legal age, childless, heir of the victim Venson Evangelista, with residence at No. 39 Silangan St., Quezon City. All notices and legal processes may be served c/o the undersigned counsel with office address at 42- I Kanluran St., Kaingin Balintawak, Quezon City; 2. That defendants Alfredo Mendiola, Batibot Parulan, Roger Dominguez, Raymond Dominguez, Jayson Abalos, Joel Policarpio and Rolly Agustin are conspirators for the crime of kidnapping with murder against Venson Evangelista, 30 years old, husband of the plaintiff Emelita C. Evangelista; 3. That for cause of action against the defendants, it is hereby stated that the charred body of Venson Evangelista, the husband of the plaintiff Emelita C. Evangelista, was found on January 14, 2011 in Cabanatuan City, Nueva Ecija who went on missing in Quezon City on January 13, 2011. 4. That Alfred Mendiola, one of the conspirators confessed that the group drew up the plan to kidnap Venson Evangelista and to kill him as well at an apartment in Greenville Subdivision in San Fernando, Pampanga on January 13, 2011. After the planning, the group arrived at Evangelistas house in Quezon City;

5. That Alfred Mendiola was tasked to get in touch with Venson Evangelista, to act as the middleman and pretended to be the buyer of the latters car as Allan Torres, Raymond Dominguez acted as a lookout on board in a white Ford Expedition, Batibot Parulan and Rolly Agustin as principals and Jayson Abalos as the driver of the back-up green Pajero; 6. That after haggling over to the price of the Toyota Land Cruiser, Alfred Mendiola, Venson Evangelista and Joel Policarpio went on a test drive. Evangelista drove the Land Cruiser, accompanied from behind by the green Pajero; 7. That in Alfred Mendiolas written statement he said that Joel pointed a gun to Evangelista while Rolly Agustin went down from the Pajero, who pointed a gun to Evangelista as well; 8. That before Alfred Mendiola left to go to a mall to buy two tires and a gallon of gasoline, he saw Venson Evangelista still inside the cruiser with a gray packaging tape on his eyes, mouth at hands and found out that Venson Evangelista had been killed; 9. That it is established by law that: Every person criminally liable for a felony is civilly liable.1 Thus, It is mandatory that upon the determination of the guilt of the accused, the said accused is obliged to pay damages to the victim as expressed by law which states that: When a criminal action is instituted, the civil action for recovery of civil liability arising form the offense charged is impliedly instituted with the criminal action x x x;2 10. That the law expressly provides that Every person who, contrary to law, willfully or negligently causes damage to another shall indemnify the latter for the same.3 11. That Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.;4 12. That by reason of the aforesaid laws, civil indemnity ex delicto for the death of the victim Venson Evangelista be charged against the defendants jointly and simultaneously in the amount of FIFTY THOUSAND PESOS (P50,000); 13. That by reason thereof, plaintiff Emelita C. Evangelista suffered actual damages for her heart attack which require medical attendance and etc. in the hospital amounting to TWENTY-FIVE THOUSAND PESOS (P25,000) as well as for the burial of her deceased husband Venson Evangelista amounting to THIRTY THOUSAND PESOS (P30,000); 14. That because of the death of Venson Evangelista- the breadwinner of their family, plaintiff Emelita C. Evangelista- a full-time housewife of the deceased, who purely relied
1 2

REVISED PENAL CODE, Article 100. REVISED RULES OF COURT, Sec. 1, Rule 111. 3 NEW CIVIL CODE, Article 20. 4 NEW CIVIL CODE, Article 21.

on the earning of the latter for her daily sustenance had suffered impairment of earning capacities amounting to THREE HUNDRED THOUSAND PESOS (P300,000); 15. That plaintiff Emelita C. Evangelista had suffered mental anguish, serious anxiety, pain, grief and psychological trauma tantamount to moral damages in the sum of FIFTY THOUSAND PESOS (P50,000); 16. That in order to deter defendants from doing similar acts in the future and to deter establishments from committing similar discriminatory practices, they should be ordered to pay plaintiff exemplary damages in the amount of FIVE HUNDRED THOUSAND PESOS (P500,000.00); 17. That in being compelled to litigate, plaintiff Emelita C. Evangelista is obliged to hire the services of a lawyer who is entitled to attorneys fees in the amount of FIFTY THOUSAND PESOS (P50,000); PRAYER WHEREFORE, IN VIEW OF THE FOREGOING, plaintiff through counsel pray this Honorable Court, after due hearing, to adjudge defendants Alfred Mendiola (aka Allan Torres), Batibot Parulan, Roger Dominguez, Raymond Dominguez, Jayson Abalos, Joel Policarpio and Rolly Agustin, jointly and severally, to pay the following: (1) Civil indemnity ex delicto for the death of Venson Evangelista of FIFTY THOUSAND PESOS (P50,000); (2) Actual damages of FIFTY-FIVE THOUSAND PESOS (P55,000); (3) Impairment of earning capacities of THREE HUNDRED THOUSAND PESOS (P300,000); (4) Moral damages of FIFTY THOUSAND PESOS (P50,000); (5) Exemplary damages of FIVE HUNDRED THOUSAND PESOS (P500,000); (6) Attorneys fees of FIFTY THOUSAND PESOS (P50,000); Or total damages for plaintiff in the sum of ONE MILLION FIVE THOUSAND PESOS (P1,005,000), with legal interest from the date of filing this suit, plus costs of suit, such other remedies as may be just and equitable in the premises. 05 March 2011, Quezon City for Quezon City. 2006-000351 Counsel for the Plaintiff 42-I Kanluran St., Kaingin Balintawak, Quezon City PTR No. 8889998/ 6-1-06/ Quezon City IBP No. 578342 / 5-8-2010/ Manila Roll No. 55524 3

VERIFICATION AND CERTIFICATION REPUBLIC OF THE PHILIPPINES CITY OF QUEZON I, EMELITA C. EVANGELISTA, of legal age, Filipino, married and with address at No. 39 Silangan St., Quezon City, after having been sworn to in accordance with law, hereby depose and state that: 1) I am the petitioner in the above-titled case; 2) I have caused the preparation of this petition; 3) I have read its contents and understood the same and all allegations contained therein are true and correct to the best of my own knowledge and belief; 4) I have not commenced any other action or proceeding involving the same issue in the Supreme Court, the Court of Appeals, Regional Trial Court or any other court, tribunal or agency; 5) To the best of my knowledge no such action or proceeding is pending in the aforesaid courts or agency; and 6) If I learn that a similar action or proceeding had been pending before the said courts or agency, I undertake to promptly inform this Court of the said fact within five (5) days therefrom.

EMELITA C. EVANGELISTA Affiant SUBSCRIBED AND SWORN before me this 05 March 2011, in the City of Quezon, Philippines. DOC. REG. NO. 30 PAGE NO. 4 SERIES OF 2011