Regional Trial Court: Complaint
Regional Trial Court: Complaint
Fe Tuadles, Plaintiff,
- versus
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 As Metal Products 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 As Metal Products. 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.
the shop.
12.At about January 2, 2011, Aurelio Laxa, a driver of As Metal Products with his coworkers 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 attorneys 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
PTR No. 1247838 1-20-2012 Davao City
IBP No. 911117 1-21-2012 Davao City
Roll No. 89994
MCLE Ex. No. 111-000748 1-13-2012
For 3rd compliance
ACKNOWLEDGEMENT
Received from Bonifacio C. Cruz, his Cimarron Jeepney with Plate No. LXX349, for repair and other necessary fixing. The said acceptance is with the consequent
assurance that we will be responsible for any and all incidents which may occur while the
said vehicle is in our custody.
Done this 29th day of December, 2010.
Aurelio Lara
Owner and Manager
Ultra Speed Machine Shop
and As Metal Products