memorandum 11471

7/30/2019 Memorandum 11471

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MEMORANDUM FOR THE PLAINTIFF

PLAINTIFF, through the undersigned counsel, most respectfully submits this

Memorandum, as follows:

NATURE OF THE CASE

This is an action for damages filed by Jonna Bueno against Gloria Supermart, Inc. for the

injuries that her son, Ricky, suffered at its supermarket, for the expense, and for the emotional

pain that it brought to him and his mother.

STATEMENT OF THE FACTS

Plaintiff Jonna Bueno (BUENO), married, a resident of 89 Little Baguio St., San JuanCity, Metro Manila, has been a customer of Defendant Gloria Supermart, Inc. (GSI), a

supermarket located at Ortigas Avenue, San Juan, Metro Manila.

On May 11, 2010, at about 10:00 a.m., plaintiff BUENO, together with her son Ricky

went to GSI to buy groceries. BUENO claimed that while she and her son were picking up

groceries at the shelves, a small ball rolled along the aisle and Ricky ran after it then soon

thereafter, she saw him slip with a heavy bang on a wet section of the aisle. So, BUENOimmediately came to Ricky and immediately brought him to the hospital where he stayed

overnight for medication. BUENO claimed that Ricky complained of great pain and it took

about six (6) weeks for him to recover.

BUENO further claimed that Ricky moved with discomfort and difficulty, unable to useboth hands. Also, that as a mother, she suffered mental pain. BUENO blamed GSI for the

injuries suffered by her son claiming that not any employee of GSI was there to prevent the

incident; that the wet floor caused Ricky to slip on it.

GSI, on the other hand, denies the claims of BUENO and through its witness Rene

Castro, claims that it exercised proper diligence in making its premises safe for its customers.Moreover, GSI claims that the accident involving Ricky was something beyond its control; that

in any event, Ricky and her mother contributed to Ricky’s slipping on the floor; that GSI

provided immediate help and assistance to Ricky and her mother. Furthermore, GSI asserts that

BUENO has the responsibility for looking after Ricky’s needs and safety.

STATEMENT OF THE ISSUES

The issues to be resolved in this case are the following:

1. Whether or not the injuries suffered by Ricky was due to the negligence of GloriaSupermart, Inc.

2. Whether or not plaintiff BUENO is entitled to damages.

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ordinary care to prevent Ricky from playing therewith since no one was around to see to it thatRicky will not be injured by such merchandise. Hence, GSI is liable for the injuries sustained by

Ricky.

On the second issue:

I. PLAINTIFF IS ENTITLED TO DAMAGES BECAUSEOF THE INJURIES SUSTAINED BY RICKY DUE

TO THE NEGLIGENCE OF DEFENDANT

Article 2176 of the New Civil Code provides that:

“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.”

As applied in this case, defendant’s negligence causing injury to Ricky, plaintiff’s minor

son, entitles the plaintiff to damages.

Plaintiff BUENO, upon proving by sufficient evidence such as the receipts for Ricky’smedication and hospitalization can properly claim for actual damages in accodance with Article

2199, which provides:

“Except as provided by law or by stipulation, one is entitled to an adequate

compensation only for such pecuniary loss suffered by him as he has duly proved.Such compensation is referred to as actual or compensatory damages.”

In addition, since plaintiff suffered mental anguish for the injury suffered by his son, sheis also entitled to claim for moral damages. This finds support in the provision in Article 2217 of

the Civil Code which states:

“Art. 2217. Moral damages include physical suffering, mental anguish,

freight, 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 or omission.”

To be sure, Article 2219 of the Civil Code expressly provides that:

“Art. 2219. Moral damages may be recovered in the following and

analogous cases:xxx xxx xxx

(2) Quasi-delicts causing physical injuries;

xxx xxx xxx”

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It cannot be denied, therefore, that plaintiff is indeed entitled also to moral damages forthe physical injuries sustained by her minor son Ricky.

WHEREFORE, premises considered, plaintiff most respectfully prays of this HonorableCourt that judgment be rendered in favor of plaintiff and against defendant:

1) DECLARING defendant to be liable for the injuries sustained by plaintiff’s sonRicky;

2) ORDERING defendant to pay the plaintiff actual damages in the amount of

P27,840.00, plus attorney’s fees and cost of the suit; and

3) ORDERING defendant to pay the plaintiff moral damages in the amount of P500,000.00 or as the Court may deem proper in the premises.

OTHER RELIEFS just and equitable under the premises are likewise prayed for.

Quezon City, Philippines. November 27, 2011.

(Signed)

Atty. REX BELTRAN

Counsel for Plaintiff

123 España St., City of ManilaRoll No. 51234; 04/27/11

PTR No. 6789; 01/05/11; Manila

IBP No. 7982; 03/20/11;ManilaMCLE Compliance No. III-123; 06/14/11

memorandum 11471

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