sample civil complaint for damages

8/13/2019 Sample Civil Complaint for Damages

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Republic of the PhilippinesREGIONAL TRIAL COURT

11 th Judicial RegionBranch ___Davao City

Fe Tuadles, Plaintiff,

- versus –

Aurelio Laxa, Bonifacio Cruz,

ULTRA Speed Machine Shopand A’s Metal Products ,Aurelio Lara, Defendants.

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CIVIL CASE No. _______________

FOR: Damages for death, Loss ofearning capacity, Moral damages andAttorney’s Fees.

COMPLAINT

COMES NOW , plaintiff, Fe Tuadles, by counsel, and unto this Honorable Court,

most respectfully avers THAT:

1. Plaintiff is a Filipino, of legal age, married, and residing at 32E Jacinto St., Davao

City, where he may be served with summons, papers and other process of this

Honorable Court ACOP Law Firm, Suite 704, LANDCO Bldg, Bajada, Davao City.

2. Defendant Aurelio Laxa is a Filipino, of legal age, single, and residing at Purok 14,

Mintal, Davao City, where he may be served with summons, papers and other process

of this Honorable Court.

3. Defendant Bonifacio Cruz is a Filipino, of legal age, married, and residing at

Purok Sto. Nino, Buhangin, Davao City, where he may be served with summons, papers

and other process of this Honorable Court.

4. Defendant ULTRA Speed Machine Shop and A’s Metal P roducts is a juridical

entity duly registered with the Securities and Exchange Commission. It is engaged in the

selling metal products and Auto Repair. It is represented herein by Aurelio Lara, owner

and manager of ULTRA Speed Machine Shop and A’s Metal Pr oducts. It may be served

with papers and other processes of this Honorable Court at 131 R. Magsaysay Avenue

Davao City.



5. Defendant Aurelio Lara is a Filipino, of legal age, married, and residing at 131 R.

Magsaysay Avenue Davao City, where he may be served with summons, papers and

other process of this Honorable Court.

6. Both parties have capacity to sue and to be sued.

7. Plaintiff herein is the wife of victim of the vehicular accident, Romeo Tuadles who

is the sole bread winner of the family.

8. Defendant Bonifacio Cruz, is the registered owner of a Cimarron Jeepney, and

particularly described as follows:

Make and Type: Cimarron Jeepney

Plate No.: LXX-349

9. Defendant ULTRA Speed Machine Shop and A’s Metal Products owned by

Aurelio Lara has legal possession of the vehicle and bound itself by an

acknowledgment attached herewith “ Annex A” , to be responsible for any and all

incidents that may occur while the said vehicle is in their custody.

10. Defendant Aurelio Lara is the employer of Aurelio Laxa, being the owner of

ULTRA Speed Machine Shop and A’s Metal Products .

11. On December 29, 2010, Bonifacio Cruz brought his vehicle to ULTRA Speed

Machine Shop and A’s Metal Products by Aurelio Lara for repair and left the said

vehicle at the shop.

12. At about January 2, 2011, Aurelio Laxa, a driver of A’s Metal Products with his co -workers on board drove the vehicle in going to the beach.

13. In driving back from the beach, Aurelio Laxa lost control of the vehicle while

negotiating a curve causing it to turn turtle resulting in the death of one of its

passengers Romeo Tuadles.

14. A demand letter for indemnification for damages was by plaintiff to defendants.

15. Defendant Bonifacio Cruz promptly denied liability for reason that his vehicle

was used and driven without his knowledge and consent by Aurelio Tuadles at the time

of the accident.



16. As a result of the death of Romeo Tuadles, his family is in financial difficulties

because they depend on him as a sole wage earner in the family. Hence, they must be

made to pay for damages for the death of Romeo Tuadles, in the amount equivalent

to FIVE HUNDRED THROUSAND PESOS (P 500,000.00).

17. Due to the sudden death of Romeo Tuadles, his wife and children suffered

mental anguish and serious anxiety.

18. Consequently, Plaintiff was constrained to engage the services of counsel to

whom it obligated itself to pay as Attorney's Fees the amount equivalent to TWENTY FIVE

PERCENT (25%) of the total amount to be adjudged in favor of plaintiffs, and the costs

of this suit.

PRAYER

WHEREFORE, the above premises considered, it is respectfully prayed of this

Honorable Court after hearing on the merits, that:

a. Defendants be ordered to pay for damages for death in the amount of

FIVE HUNDRED THROUSAND PESOS.

b. Defendants be ordered to pay moral damages in the amount of FIVE

HUNDRED THOUSAND PESOS (Php 500,000.00);

c. Defendants be ordered to pay attorney’s fees in an amount equivalent to

TWENTY FIVE PERCENT (25%) of the total amount to be adjudged in favor

of plaintiffs;

d. Defendants be ordered to pay the costs of this suit.

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

For the Plaintiff

By

ATTY. LOREVILL PINOON ACOP Law Firm, Suite 704, Landco Bldg.,Bajada Street, Davao City



Republic of the Philippines )Davao City )s.s

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VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING

I Fe Tuadles, Filipino, of legal age, married and a resident of residing at 32EJacinto St., Davao City, after having been duly sworn to in accordance with lawdepose and say, THAT:

That I am the Plaintiff in the above-entitled case; That I have caused thepreparation of the above Complaint and I have read the same and knows thecontents thereof; That the allegations contained therein are true and correct of myown personal knowledge.

IN WITNESS WHEREOF, I have hereunto set my hand this 23 rd day of January, 2012at Davao City, Philippines.

SUBSCRIBED AND SWORN to before me this 23rd day of January, 2012, by FeTuadles, who exhibited to me her Voter’ s ID No. 12345 issued at Davao City, Philippineson May 12, 2005.

WITNESS MY HAND AND SEAL.

Doc. No. 0012;Page No. 003;Book No. 001;Series of 2012.



A C K N O W L E D G E M E N T

Received from Bonifacio C. Cruz , his Cimarron Jeepney with Plate No. LXX-349, for repair and other necessary fixing. The said acceptance is with the consequentassurance that we will be responsible for any and all incidents which may occur while thesaid vehicle is in our custody.

Done this 29th day of December, 2010.

Aurelio LaraOwner and ManagerUltra Speed Machine Shopand A’s Metal Products

sample civil complaint for damages

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