Damages Based on Tort

7/30/2019 Damages Based on Tort

1/5

REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURTBRANCH _____, PASIG CITY

SANTIAGO FLORES,Plaintiff,

-versus-

CCC CONSTRUCTION CORPORATION, CIVIL CASENO._____ROBINSONS LAND CORPORATION, and For:DamagesDM CONSTRUCTION CORPORATION,

Defendants.x----------------------------------------------------x

C O M P L A I N T

PLAINTIFF, thru counsel, to this Honorable Court, most respectfully alleges:

1. That the plaintiff is a Filipino, of legal age, and a resident of Lot 27Block 3, Sunflower Street, Bloomfields Subdivision, Novaliches, Quezon City; whilethe defendants Robinsons Land Corporation, CCC Construction Corporation, and DMConstruction Corporation are domestic corporations duly organized and existingunder the laws of the Philippines, with principal place of business at (1) OrtigasAvenue, Pasig City, (2) 127 Jose P. Rizal Street Mandaluyong City, and (3) 356Ortigas Avenue, Mandaluyong City, respectively, where they may be served withsummonses and other court processes;

FIRST CAUSE OF ACTION

2. That the plaintiff is employed by San Miguel Corporation (SMC) as ChiefAccountant with a monthly salary of one hundred thirty thousand pesos(P130,000.00), as may be evidenced by Certificate of Employment andCompensation issued by the SMC Human Resources Department, a copy of which ishereto attached as Annex A;

3. That on January 4, 2012, at about 7:00 oclock in the morning, whilethe plaintiff was driving his Toyota Fortuner, with Plate Number SEC-123, alongOrtigas Avenue, Pasig City, a piece of plywood suddenly dropped from the 14th floorof a commercial condominium, which was then under construction, and hit thewindshield of his car, causing damage to the said vehicle at an estimated cost ofeighty thousand pesos (P80,000.00), as may be evidenced by an Estimate ofRepairs, issued by Toyota Service Center; and injuries to the plaintiff for which hewas hospitalized and treated at The Medical City, as may be evidenced by the


2/5

Medical Certificate issued by the said hospital. Copies of the Estimate of Repairsand Medical Certificate are hereto attached as Annexes B and C, respectively;

4. That due to his hospitalization, plaintiff incurred medical expenses inthe amount of twenty thousand pesos (P20,000.00), as may be evidenced by

Official Receipt No. 23 issued by The Medical City, a copy of which is heretoattached as Annex D. Likewise, he was not able to report to work for two dayswhich caused him unearned income of ten thousand pesos (P10,000.00).

5. That defendant Robinsons Land Corporation is the owner of theaforesaid commercial condominium building, while the contractor and sub-contractor thereof are the defendants DM Construction Corporation and CCCConstruction Corporation, respectively;

6. That the investigation conducted by Police Community Precinct 4,Pasig City revealed that it was Isidro A. De Castro, a laborer of defendant CCC

Construction Corporation, who dropped the piece of plywood, as shown in theIncident Report of SPO3 Juan Pedro Dela Cruz, a copy of which is hereto attached asAnnex E;

7. That the defendants failed to pay the estimated cost of repairs,hospital bills, and unearned income despite several demands made by the plaintiff;

SECOND CAUSE OF ACTION

8. That the plaintiff hereby re-pleads all the allegations in the first causeof action;

9. That due to the incident mentioned in paragraph 3 hereof, plaintiffsuffered mental anguish, sleepless nights, and serious anxiety, for which he shouldbe awarded moral damages of fifty thousand pesos (P50,000.00);

THIRD CAUSE OF ACTION

10. That the plaintiff hereby re-pleads all the allegations in the first andsecond causes of action;

11. That by way of example or correction for the public good, in addition tomoral damages, the defendants should be held liable for exemplary damages in theamount of thirty thousand pesos (P30,000.00);


3/5

FOURTH CAUSE OF ACTION

12. That the plaintiff hereby re-pleads all the allegations in the first,second and third causes of action;

13. That in order to vindicate his rights, the plaintiff was compelled tolitigate, for the purpose, and engaged the services of counsel for a fee of twentyfive thousand pesos (P25,000.00), for which the defendants should be held liable,including the costs of suit;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed thatjudgment be rendered in favor of the plaintiff and against the defendants, orderingthe latter to pay:

1. P110,000.00 for and as actual damages;2. P50,000.00 for moral damages;3. P30,000.00 for exemplary damages;4. P25,000.00 for and as Attorneys fees; and5. The costs of suit.

Plaintiff likewise prays for other reliefs just and equitable in the premises.

Pasig City, Philippines, August 6, 2012.

THE FIRM & ASSOCIATESCounsel for the Plaintiff12th Floor, Strata 100 BuildingEmerald Avenue, Ortigas CenterPasig City

By: Amado Aquino IIIAttorneys Roll No. 12345IBP No. 67890, issued at Pasig City on January 14,

2012


4/5

PTR No. 13579, issued at Pasig City on January 14,2012MCLE Compliance No. III-24680

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

Santiago Flores, of legal age, Filipino and a resident of Lot 27 Block 3,

Sunflower, Bloomfields Subdivision, Novaliches, Quezon City, after having been duly

sworn to in accordance with law, hereby states that:

1. I am the Plaintiff in the above-entitled case;

2. I have caused the preparation of this Complaint;

3. I have read its contents and affirm that they are true and correct to the best

of my personal knowledge and/or authentic records; and

4. I hereby certify that there is no other case commenced or pending before any

court, tribunal or quasi-judicial agency involving the same parties and the

same issue and that, if I should hereafter learn that the same or similar

action or claim has been filed or is pending, I shall report that fact within five

(5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have signed this instrument on August 6, 2012.

(Sgd.) Santiago Flores

SUBSCRIBED AND SWORN TO before me in Quezon City on August 6, 2012,

affiant exhibiting before me his Professional Drivers License No. 1234567 issued on

January 2, 2012 at Quezon City.

(Sgd.) N. O. TARIO

Notary Public

Until December 31,2013


5/5

PTR No. 12345

Roll No. 98761

Doc. No.

Page No.

Book No.

Series of 2012

Damages Based on Tort

Documents

Transcript of Damages Based on Tort