Complaint Quasi Delict

Republic of the Philippines
REGIONAL TRIAL COURT

Eleventh Judicial Region
Branch 52
Davao City
Fe Tuadles CIVIL CASE NO.

Plaintiff,
FOR: DAMAGES BASED
ON QUASI-DELICT
-versus-
Bonifacio Cruz, Marcelo

Lara and Aurello Laxa
Defendants.
x-----------------------------------x
COMPLAINT FOR DAMAGES
Plaintiff thru counsel, and unto this Honorable Court, respectfully

manifests that:
1. Plaintiff Fe Tuadles is of legal age, wife of the deceased Romeo

Tuadles, and resides at Tangerine Street, Dacoville
Subdivision, Davao City;
First Cause of Action:
1. Defendant Aurello Laxa is of legal age, single, duly employed

as a driver of ULTA Speed Machine Shop and A’s Metal
Products, and may be served with summons at Road 7, Dona
Vicenta Village, Davao City;
2. On December 15, 2019, while the vehicle was in the premises

of the machine shop, Aurelio Laxa, without the knowledge and
consent of the owner, drove the vehicle in going to the beach
with his co-workers;
3. Upon their return from the beach, at about five o’clock in the
afternoon, Aurelio Laxa, negligently and recklessly operated the
vehicle at a fast speed while traversing a curve in Mamay
Road, Davao City, causing it to roll over;
4. As a result, Romeo Tuadles, one of the passengers, was
thrown out of the car causing his eventual death while the
others suffered from physical injuries, and the said Cimmaron
Jeepney owned by defendant Bonifacio Cruz was extensively
damaged;
(Attached herewith Annex __)
5. Prior to the filing of this complaint, plaintiff Fe Tuadles, by

reason of having incurred actual damages in the amount of
TWO HUNDRED THOUSAND PESOS (P200,000.00) and
Attorney’s fees of FIFTY THOSUAND PESOS (P50,000.00),
sent a demand letter to Aurello Laxa;
As Second Cause of Action that:
1. The defendant, Bonifacio Cruz is of legal age, single, and may

be served with summons at Jupiter Street, Matina, Davao City;
2. Defendant is impleaded as a necessary party on the ground

that he is the registered owner of the Cimmaron Jeepney
bearing Plate No. LXX-349, which was the vehicle driven by co-
defendant Aurelio Laxa which caused the collision and death of
Romeo Tuadles.
3. On December 13, 2019, Bonifacio Cruz, brought the said

vehicle to ULTA Speed Machine Shop and A’s Metal Products
to have it repaired;
4. His vehicle was used and driven without his consent does not
absolve Bonifacio Cruz of his liability to plaintiff Fe Tuadles;
5. As registered owner of Cimarron Jeepney with Plate No. LXX-

349, Bonifacio Cruz is primarily liable to the victim or his
successor-in-interest for any loss or injury suffered by them;
6. As wife of Romeo Tuadles, plaintiff Fe Tuadles is entitled to

indemnification or damages for any injury or loss incurred by
reason of the death of Romeo Tuadles;
7. Prior to the filing of this complaint, plaintiff Fe Tuadles, by

reason of having incurred actual damages in the amount of
ONE HUNDRED FIFTY THOUSAND PESOS (P150,000.00)
and Attorney’s fees of TWENTY THOSUAND PESOS
(P20,000.00), sent a demand letter to Bonifacio Cruz;
WHEREFORE, IN VIEW OF THE FOREGOING, plaintiff through

counsel pray this Honorable Court, after due hearing, to adjudge
defendants Bonifacio Cruz, Aurello Laxa, jointly and severally, Fe
Tuadles
1. Actual damages of ONE HUNDRED FIFTY THOUSAND

PESOS (P150,000.00);
2. Attorney’s Fees of TWENTY THOSUAND PESOS (P20,000.00)
3. and such other remedies as may be just and equitable in the
premises.
Davao City, Philippines, this 22nd day of January, 2020.
Atty. Kindy Mae Pamaos
Counsel For Petitioner

Adalya Building, Araullo Street, 8000 Davao City
IBP Lifetime No. 88888; Davao City
PTR No. 145690; January 1, 2020, Davao City
Roll of Attorney No. 9001 MCLE Compliance No. 89172
Atty. Betty Belle Irene Fabe

Adalya Building, Araullo Street, 8000 Davao City
Roll of Attorney No. 7080901
MCLE Compliance No. 19837
Atty. Ralph Vincent Honorico

rd
3 Floor Black Building, E. Jacinto Street, 8000 Davao City
IBP Lifetime No.45293; Davao City
Atty. John Sanchez

rd
3 Floor Black Building, E. Jacinto Street, 8000 Davao City
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, FE TUADLES, of legal age, do hereby state that: I am the

plaintiff in the complaint entitled COMPLAINT FOR DAMAGES
BASED ON QUASI-DELICT and in such capacity, caused this
complaint to be prepared; I have read its contents and affirm that they
are true and correct to the best of my own personal knowledge; I
hereby certify that there is no other case commenced or pending
before any court involving the same parties and the same issue and
that, should I learn of such a case, I shall notify the court within five
(5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on

January 10, 2019.
FE TUADLES
SUBSCRIBED AND SWORN TO before me in the City of

Davao on this 10th day of January 2020, affiant exhibiting before me
her identification: Fe Tuadles TIN No. 202020111 Issued on
November 10, 2019, Davao City
John A. Sanchez
NOTARY PUBLIC
Commission Expires on December 31, 2020
IBP Lifetime No.45019; Davao City
Doc. No. 2
Page No. 1
Book No. I
Series of 2020

Complaint Quasi Delict

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Republic of the Philippines

REGIONAL TRIAL COURT

Fe Tuadles CIVIL CASE NO.

Bonifacio Cruz, Marcelo

COMPLAINT FOR DAMAGES

Plaintiff thru counsel, and unto this Honorable Court, respectfully

1. Plaintiff Fe Tuadles is of legal age, wife of the deceased Romeo

First Cause of Action:

1. Defendant Aurello Laxa is of legal age, single, duly employed

2. On December 15, 2019, while the vehicle was in the premises

(Attached herewith Annex __)

5. Prior to the filing of this complaint, plaintiff Fe Tuadles, by

(Attached herewith Annex __)

As Second Cause of Action that:

1. The defendant, Bonifacio Cruz is of legal age, single, and may

2. Defendant is impleaded as a necessary party on the ground

3. On December 13, 2019, Bonifacio Cruz, brought the said

5. As registered owner of Cimarron Jeepney with Plate No. LXX-

6. As wife of Romeo Tuadles, plaintiff Fe Tuadles is entitled to

7. Prior to the filing of this complaint, plaintiff Fe Tuadles, by

(Attached herewith Annex __)

WHEREFORE, IN VIEW OF THE FOREGOING, plaintiff through

1. Actual damages of ONE HUNDRED FIFTY THOUSAND

Davao City, Philippines, this 22nd day of January, 2020.

Atty. Kindy Mae Pamaos

Counsel For Petitioner

Atty. Betty Belle Irene Fabe

Counsel For Petitioner

Counsel For Petitioner

Atty. John Sanchez

Counsel For Petitioner

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, FE TUADLES, of legal age, do hereby state that: I am the

IN WITNESS WHEREOF, I have signed this instrument on

SUBSCRIBED AND SWORN TO before me in the City of

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