Assignment No. 1. Complaint

REPUBLIC OF THE PHILIPPINES
11TH JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH NO.
ALABEL, SARANGANI PROVINCE
ZAID OMAR DATU CASTILLO, CIVIL CASE NO. _______

PLAINTIFF,
-VERSUS- -FOR-
ZANDRA ARTEMIO GONZALES ACTION FOR DAMAGES

DEFENDANT,
X------------------------------------X
C O M P L A I N T
COMES NOW, Plaintiff, assisted by the undersigned counsel,

hereunto this honorable court, respectfully avers:
1. That Plaintiff ZAID OMAR DATU CASTILLO, is of legal age,

single, Filipino, and is a newly resident at 146, Palmera Street, Purok 8-A,
Poblacion, Alabel, Sarangani Province, Philippines, where he may be
conveniently served with summons and other court processes;
2. That likewise Defendant ZANDRA ARTEMIO GONZALES, is of

legal age, single parent, Filipino, and residing just three houses away from
plaintiff at Palmera Street, Purok 8-A, Poblacion, Alabel, Sarangani
Province, Philippines, where she may likewise be served with summons
and other court processes;
THE ANTECEDENTS
3. That plaintiff owned a car with plate number (AZ-143 1432),

and is an individual with newly obtained professional driver’s license,
that his car is his means of transportation, and that further to mention, all
residents of Palmera Street, Purok 8-A, Poblacion, Alabel, Sarangani
Province, Philippines, have owned their respective cars. Attached hereto
is plaintiff’s OR/CR of his driver’s license as Annex “A” and series;
4. That it is the normal scenario in the above reiterated residency,

that all mornings of the week except Sunday, the street is filled with cars
from 6:00A.M., to 8:00A.M., to attend to their respective travels. And
likewise, all afternoons of the week except Sunday, their street is filled
with traveling cars from 5:00P.M., to 6:00P.M., to get home. Attached
hereto is the affidavit of the corroborating testimony of my witness as
annex “B”;
5. That in the afternoon of March 16, Monday, 2020, a week before
plaintiff’s wedding, pass 5:00P.M., herein plaintiff, not under the
influence of intoxication, while on his way near to his home, driving his
car, met an accident upon hitting himself on a tree located in an empty
lot, after swerving his car to the left to avoid hitting CLAIREEN
MARGAUX ARTEMIO GONZALES, the 6-year-old daughter of herein
defendant for untimely crossing the road. Attached is another affidavit
witnessing the incident as Annex “C”;
6. That being perturbed by the novelty of the sudden appearance of

the little girl and that with his newly obtained professional driver’s
license evidencing his lack of driving experience, plaintiff was not able to
stop his car instead, he swerved his wheels to the left, lest not to hit the
child by his car;
7. That as a result of the untimely accident, his car was frontally

damaged causing him to repair his car at his expense amounting to PHP
100,000.00 due to defendant’s negligence. Attached hereto are the
receipts of plaintiff’s expenses to repair his car as Annex “D” and series;
8. That as defined by law, according to Article 1173, New Civil

Code of the Philippines, it partly provides, “The fault or negligence of the
obligor consists in the omission of that diligence which is required by the
nature of the obligation and corresponds with the circumstances of the
persons, of the time and of the place.”;
9. That in this case, defendant was negligent in not properly,

maternally, and diligently taking care of her 6-year-old daughter most
especially at the peak of that particular hour of the day where she, being
a resident of that street for more than 5 years, has personal knowledge of
the expected scenario during those hours of the day;
CAUSE OF ACTION
10. That in effect to defendant’s negligence, plaintiff’s property was

injured and damaged further, in effect thereof, defendant has the
obligation to indemnify plaintiff for the damage citing Article 1157, NCC,
which provides quasi-delict as one of the sources of obligation and that
despite efforts of plaintiff to extrajudicially settle the matter, defendant
refused to acknowledge her obligation;
11. That according to Article 2176 of the New Civil Code of the
Philippines, it partly provides, “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.”
12. That basing on the above quoted provision, citing the case of
Vergara vs Court of Appeals 154 SCRA 564 and Philippine Bank of
Commerce vs Court of Appeals 269 SCRA 695, the essential requisites for
a quasi-delictual action are:
A. An act or omission constituting fault or negligence;
B. Damage caused by the said act or omission;
C. The causal relation between the damage and the act or omission;
and
D. The absence of a contractual relation between plaintiff and

defendant;
13. That guided by the antiquated ruling of Picart vs Smith Jr., G.R.
No. L-12219, March 15 1918, and in a more recent case of Abrogar vs.
Cosmos Bottling Co., G.R. No. 164749, March 15, 2017, the test in
determining negligence is stated in this wise: “Did the defendant in doing
the alleged negligent act, use that person would have used in the same
situation? If not, then he is guilty of negligence.”
14. That as a matter of fact, defendant did not act prudently in this
given set of situations and therefore the test of determining negligence as
quoted above would render defendant as negligent in her conduct;
15. That in this case, defendant did not observe proper and
appropriate diligence to take care of her 6-year-old daughter and such
omission of proper diligence constitutes negligence on her part and that
considering her being negligent, her daughter was able to untimely cross
the road, and that plaintiff on his approach, to avoid directly hitting the
child, unintentionally swerved his car to the left causing him to hit a tree
thereby damaging his car;
16. That further in this case, had it been that defendant carefully
watched over her 6-year-old daughter at that time, she could not have
ran across the street, and plaintiff would not have to be saddened by the
child’s apparition, causing him to swerve his car to the left and meeting
an accident;
17. That since there was no contract to speak of between plaintiff

and defendant, all the above stated requisites for a quasi-dilictual action
are present;
18. That following the provision on Human Relations, New Civil

Code of the Philippines, Article 20 provides, “Every person who, contrary
to law, willfully or negligently causes damage to another, shall indemnify
the latter for the same.” Hence plaintiff’s cause of action arising from
defendant’s negligence;
LEGAL CLAIMS AGAINST DEFENDANT
19. That as mentioned, defendant’s negligence caused the damage

to plaintiff’s car and that plaintiff claims for actual damages amounting to
PHP100,000.00;
20. That plaintiff also suffered stress for meeting accident a week
before his most awaited marriage ceremony and due to that, he likewise
claims for moral damages in the amount of PHP30,000.00;
21. That such act of defendant, to serve as a deterrent for the

conduct of negligence, an exemplary damages amounting to
PHP20,000.00 must likewise be awarded;
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed

of this honorable court that after further proceedings, to render judgment
to wit:
1. That defendant be ordered to pay plaintiff actual or

compensatory damages amounting to PHP100,000.00, moral damages
amounting to PHP 300,000.00, and exemplary damages amounting to
PHP20,000.00;
Other relief just and equitable under the premises are likewise
prayed for.
RESPECTFULLY SUBMITTED, this day, March 19, in the year of

our Lord, 2020, in General Santos City for Alabel, Sarangani Province,
Philippines.
MARTSU RESSAN M. LADIA

Counsel for Plaintiff
Roll No. 70022
Lifetime IBP No. 221096, March 16,
2020
Local No. 123456, Feb 14, 2018
PTR No. 221096, 01-04-2016
TIN No. 412-374-488
MCLE Compliance Report No. 0031697
Until March 16, 2022
Address: Room 22, 3/f, A.O. BLDG.
Pioneer Avenue, General Santos City
REPUBLIC OF THE PHILIPPINES )
GENERAL SANTOS CITY . . . . . . . )
VERIFICATION AND CERTIFICATION
I, ZAID OMAR DATU CASTILLO, of legal age, single, a Filipino,

and a newly resident of 146, Palmera Street, Purok 8-A, Poblacion,
Alabel, Sarangani Province, Philippines, after having been duly sworn to
in accordance with law, do hereby depose and say:
1. That I am the plaintiff in this case;
2. That aggrieved and distressed, I have caused the preparation of

this complaint;
3. That I have read all allegations and contentions averred in the

complaint, and that I vowed for the truth and correctness of the same to
the best of my knowledge and as well as the authenticity of my records;
4. That I hereby certify that I have not filed any other action or
proceeding with the same issues raised herein, and further certifying to
the best of my knowledge, that no pending action or proceeding in the
Supreme Court, Court of Appeals, and other agencies or tribunal
involving the same issues raised in this complaint; and
5. That should we learn later on that a similar action or proceeding

has been filed or is pending before any other agency or tribunal, we
undertake to inform this honorable court within five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto affixed my hand this

day, March 16, in the year of our Lord, 2020, in General Santos City for
Alabel, Sarangani Province, Philippines.
ZAID OMAR DATU CASTILLO

Affiant
SUBSCRIBED AND SWORN to before me this day of March 16, in

the year of our Lord, 2020 in General Santos City for Alabel Sarangani
Province, Philippines, affiant exhibited to me his VIN. 8002-0029A-
13004MAE-20002-7.
DAREILONE TRYSTENNE S.
SANDOVAL
Roll No. 70021
Lifetime IBP No. 321096, March 16, 2020
Local No. 223456, Feb 14, 2018
PTR No. 521096, 01-04-2016
TIN No. 312-374-488
MCLE Compliance Report No. 0031695
Until March 16, 2022
Address: Room 4, 2/f, A.O. BLDG.
Pioneer Avenue, General Santos City

Assignment No. 1. Complaint

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REPUBLIC OF THE PHILIPPINES

11TH JUDICIAL REGION

ZAID OMAR DATU CASTILLO, CIVIL CASE NO. _______

ZANDRA ARTEMIO GONZALES ACTION FOR DAMAGES

COMES NOW, Plaintiff, assisted by the undersigned counsel,

1. That Plaintiff ZAID OMAR DATU CASTILLO, is of legal age,

2. That likewise Defendant ZANDRA ARTEMIO GONZALES, is of

3. That plaintiff owned a car with plate number (AZ-143 1432),

4. That it is the normal scenario in the above reiterated residency,

6. That being perturbed by the novelty of the sudden appearance of

7. That as a result of the untimely accident, his car was frontally

8. That as defined by law, according to Article 1173, New Civil

9. That in this case, defendant was negligent in not properly,

10. That in effect to defendant’s negligence, plaintiff’s property was

B. Damage caused by the said act or omission;

D. The absence of a contractual relation between plaintiff and

17. That since there was no contract to speak of between plaintiff

18. That following the provision on Human Relations, New Civil

LEGAL CLAIMS AGAINST DEFENDANT

19. That as mentioned, defendant’s negligence caused the damage

21. That such act of defendant, to serve as a deterrent for the

WHEREFORE, premises considered, it is most respectfully prayed

1. That defendant be ordered to pay plaintiff actual or

RESPECTFULLY SUBMITTED, this day, March 19, in the year of

MARTSU RESSAN M. LADIA

VERIFICATION AND CERTIFICATION

I, ZAID OMAR DATU CASTILLO, of legal age, single, a Filipino,

1. That I am the plaintiff in this case;

2. That aggrieved and distressed, I have caused the preparation of

3. That I have read all allegations and contentions averred in the

5. That should we learn later on that a similar action or proceeding

IN WITNESS WHEREOF, I have hereunto affixed my hand this

ZAID OMAR DATU CASTILLO

SUBSCRIBED AND SWORN to before me this day of March 16, in

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