DRAFT ONLY

Republic of the Philippines

REGIONAL TRIAL COURT
Sixth Judicial Region
Branch _________
Iloilo City

ESTELA P. NG, RAYMOND

N. LABADAN, VIRGINA H.
PUDADERA, and JOHN
RICHARD V. COCHING
Plaintiffs,
Civil Case No. ________________
-versus- For: Torts and Damages

ILOILO JAR TRUCKING CORP.

And ISIDRO D. MORALIDAD,
Defendants.
xx-------------------------------------xx

COMPLAINT

COME NOW the PLAINTIFFS by the undersigned Attorney and to

the Honorable Court, most respectfully asseverate that:
1) Plaintiff Estela Ng Y Pudadera (hereinafter “PLAINTIFF
NG”) is of legal age, single and with address at Block 15 Lot 27, 2nd
Avenue, Phase 2, Alta Tierra Village, Jaro, Iloilo City; Plaintiff
Raymond Labadan Y Nadayao (hereinafter “PLAINTIFF
LABADAN”) is likewise of legal age, single and with address at
Poblacion, Dumaron, Palawan. Plaintiff Virgina Pudadera Y Hojilla
(hereinafter “PLAINTIFF PUDADERA”), is of legal age, and
resident as well of Block 15 Lot 27, 2nd Avenue, Phase 2, Alta
Tierra Village, Jaro, Iloilo City, and Plaintiff John Richard Cochin Y
Varquez (Hereinafter “PLAINTIFF COCHIN), he is of legal age,
single and resident of Poblacion, Dumaron, Palawan. Meanwhile,
Defendant Iloilo Jar Trucking Corporation (hereinafter “
DEFENDANT IJTC”) is a corporation duly organized and existing
in accordance with the Corporation Code of the Philippines and
other related laws with principal address at #75 Delgado Street,
Iloilo City, where it may be served with summons and other
processes that may emanate from the Honorable Court. Defendant
Isidro Moralidad Y De la Cruz (hereinafter “DEFENDANT

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MORALIDAD”), is of legal age, married and resident of Brgy.
Damo-ong, Janiuay, Iloilo where, for his part, he may be served
with summons and other processes that may be issued by the
Honorable Court arising out of the case at hand;

2) The claim for damages in this case having sprung from one
and the same incident thereby spawning common questions or
issues of law or facts, not to mention that it would be judicially
economical to do so, plaintiffs have decided to join themselves as
parties and have fused their causes of action into the present
Complaint taking into account Sec. 6, Rule 3 and Sec. 5, Rule 2 of
the 1997 Rules of Civil Procedure;

3) Plaintiffs “LABADAN” and “COCHING” are relatives from

Palawan who are on a vacation while the plaintiffs “NG” and
“PUDADERA” played host to the former at the time of the mishap;

4) All on board an ISUZU CROSSWIND with Plate No. FHJ-493,

registered in the name of “PLAINTIFF NG” (per copy of Certificate
of Registration copy of which is appended as ANNEX A), that
fateful day of 21 March 2014 at around 6:20 o’ clock in the
morning, PLAINTIFFS were cruising along the Circumferential
Road at the portion at Tacas, Jaro, Iloilo City heading towards
Pavia, Iloilo coming from Tacas, Jaro, Iloilo City, behind the wheel
was “PLAINTIFF NG” (A duly licensed driver per copy of her
Driver’s License hereto appended as ANNEX B), who, upon their
approach at the intersection, slackened her speed almost to a
complete halt, looked left, then right, and then negotiated the said
intersection ;

5) As the intersection was clear, save for what appeared to be

a truck looming from the far left of “PLAINTIFF NG”, heading
straight towards them, albeit from “PLAINTIFF NG’s” vantage
pont, it was too far to pose any danger and from her calculation,
the truck driver upon seeing them already in the middle of the
intersection, would slow down or stop and yield to them;
“PLAINTIFF NG”, inched forward until the ISUZU CROSSWIND
reached the centreline of the Road being traversed by the truck,
where again, “PLAINTIFF NG” had to come to a full stop, to yield
to oncoming motor vehicles this time coming from her right side,
as she was about to venture unto the opposite lane in order to
consolidate her full negotiation of the intersection and safely
cruise along to Pavia, Iloilo;

6) Alas, while on a full stop in the middle of the intersection,

and before the ISUZU CROSSWIND could poach onto the other

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lane, the truck- which turned out to be owned and operated and
registered in the name of “DEFENDANT IJTC” and which was
being driven at that time by “DEFENDANT MORALIDAD” – which
was actually running in full throttle, and recklessly and callously
driven, in utter disregard of other vehicles on the road, rammed
into the ISUZU CROSSWIND pushing it with the truck’s nose on
the left side of the ISUZU CROSSWIND and by the sheer
momentum, velocity or speed, plowed it on sideways for several
meters forcing the CROSSWIND’s tires to burst in the process as
its wheels were on brake but the entire vehicle was shoved
through its wheels not turning;

7) All the four (4) plaintiffs suffered massive head and bodily
injuries as a result of the impact and they were brought by the
Iloilo City Emergency Response team to the hospital where they
received medical attention. The medical expenses incurred by the
plaintiffs are detailed as follows:

______ >>>

Copies of Hospital and doctor’s billings and receipts are hereto

appended as ANNEXES _________ to __________ inclusive;

8) RES IPSA LOQUITOR. The negligent and careless manner by

which defendant MORALIDAD was navigating the circumferential
road was fairly evident from his mindlessness that he was already
approaching an intersection and that he was, by traffic or
transportation law, obliged to reduce his speed and come to a full
stop if there are other motor vehicles along his way. The Traffic
Accident Report dated March 23, 2014 as well as the diagram or
sketch copies of which are appended as ANNEXES _________ to
__________, inclusive) would show the relative positions of the two
(2) motor vehicles at the probable point of impact and after the
ISUZU CROSSWIND was pummelled and where it rested. The
Isuzu Crosswind itself incurred extensive damages per copy of
Repair Estimate copy of which is appended as ANNEX _______;

9) For its part, “defendant IJTC”, utterly failed to take the

proper precautionary measures as employer of defendant
MORALIDAD, and as owner/ operator of the truck with Plate No.
WGH-520 and this is exemplified by its lack of supervision over its
driver as to the time, manner, and modality of maintaining the
truck and driving it on the road. Worse, the failure of maintenance
is betrayed by the fact that the truck at the time of the mishap had
bald tires and faulty brakes;

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10) When “PLAINTIFF NG” was convalescing after the incident,
she took it upon herself to contact “DEFENDANT IJTC”, hoping
that she could squeeze out some reasonable and fair settlement
and avoid the tedium of litigation. But to her great consternation,
instead of receiving some decent offer, she was egged on by
“DEFENDANT IJTC” to file a case and given a caveat that should
she do so, she would be mounting a tough legal battle against
prominent lawyers of “DEFENDANT IJTC;

11) Because of this harrowing incident which was caused by

the senselessness and callousness of defendant MORALIDAD in
his attitude in driving the truck, and the concomitant failure of
“DEFENDANT IJTC” to exercise due diligence in the selection and
supervision of its employees, the proper maintenance of its truck
and its insensitivity in challenging “PLAINTIFF NG” to file this
case, PLAINTIFFS had to endure nightmares, shock, trauma,
mental anxiety and emotional distress which if quantified in
monetary terms to somehow assuage and cushion the impact on
them could amount of Php1 Million Pesos each;

12) Instead of appeasing the plaintiffs and somehow assuaging

them for their hurt and pains, defendants never made serious
efforts to offer or extend plaintiffs some considerable financial or
moral support. This insensitivity deserves condemnation in the
strongest possible terms and it would be a great shame if this
callousness is left unchecked in order that others would be
forewarned and should be more careful in the conduct of motor
vehicles on the road. This should prove as a harbinger of treble
costs to be exacted against defendants in the form of exemplary
damages of Php1Million pesos;

13) In order to guide them through the maze of legal niceties

and procedure, plaintiffs had to engage the services of
undersigned counsel for a partial fee of Php150,000.00 plus 5%
contingent fee for the total award of claims.

14) The plaintiffs had, lastly, to cough out Php_____________ for

filing fees and costs of litigation in order to mount this legal battle
to fight for the vindication of their rights and the rederess of the
wrong done to them, and which should be charged against the
defendants because had the latter been more humane in their
dealings, there would have been no need for this case to reach the
courts, nor the plaintiffs unnecessarily to be enmeshed in the
bitter struggle and tedium of a court trial.

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 PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

of the Honorable Court that after trial , judgment be rendered in favour
of plaintiffs and against the defendants holding the latter liable for
damages as follows:

a) Actual damages in favour of Plaintiffs in view of the injuries

they sustained as follows:
Php______________;
Actual damages in favour of Plaintiff Ng for the extensive
damage on her Isuzu Crosswind in the amount of
Php________________
b) Moral damages of Php1 Million pesos for each Plaintiff;
c) Php1Million pesos as Exemplary damages.
d) Attorneys fees of Php150,000.00 plus 5% of the total award
of claims in this case.

Iloilo City, Philippines, 04 May 2014.

REYES and REYES LAW OFFICE

Counsel for the Plaintiffs
Branch Office: Suites 4 & 5, 2/F Luis Hervas, Bldg.,
Ledesma St., (Tanza), Iloilo City
Tel Nos. (033) 300-0081; (033) 338-2869
E-mail Ad: etreyesiii@yahoo.com

By:

EDUARDO T. REYES, III

P.T.R. NO. 4406705/ Iloilo City/ 06 January 2014
IBP No.944480/ Iloilo City/ 06 January 2014
Attorney’s Roll No. 44832
MCLE Certificate of Compliance No. IV-0001640
22 February 2011
MCLE Certificate of Compliance No. V-0001838
23 April 2014

And

NELITA JESUSA A. BACALING

PTR No. 4054734/Iloilo City/14 January 2013
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 IBP No. 891216 /Iloilo City/07 January 2013
Attorney’s Roll No. 45952
MCLE Compliance No. IV-0003192
Issued on 19 October 2013

Republic of the Philippines)

Iloilo City ) S.c.
xx--------------------------------xx

VERTIFICATION/CERTIFICATION
AGAINST NON-FORUM SHOPPING

WE, Plaintiff Estela Ng Y Pudadera (hereinafter “PLAINTIFF NG”)

is of legal age, single and with address at Block 15 Lot 27, 2nd Avenue,
Phase 2, Alta Tierra Village, Jaro, Iloilo City; Plaintiff Raymond Labadan
Y Nadayao (hereinafter “PLAINTIFF LABADAN”) is likewise of legal age,
single and with address at Poblacion, Dumaron, Palawan. Plaintiff
Virgina Pudadera Y Hojilla (hereinafter “PLAINTIFF PUDADERA”), is of
legal age, and resident as well of Block 15 Lot 27, 2nd Avenue, Phase 2,
Alta Tierra Village, Jaro, Iloilo City, and Plaintiff John Richard Cochin Y
Varquez (Hereinafter “PLAINTIFF COCHIN), he is of legal age, single and
resident of Poblacion, Dumaron, Palawan after having been sworn to in
accordance with law do hereby depose and say that:

1. We are the Plaintiffs in the above-captioned case;

2. We have caused the preparation of the foregoing COMPLAINT
and have read the contents thereof, and know the same to be
true and correct of our own personal knowledge or based on
authentic records;
3. We have not commenced any other action or proceeding
involving the same issues in the Supreme Court, Court of
Appeals or any other tribunal or agency and to the best of our
knowledge no such action or proceeding is pending before the
Supreme Court, the Court of Appeals or other tribunal or
agency;
4. If we should learn that a similar action or proceedings have
been filed or is pending in the Supreme Court, Court of Appeals
or any other tribunal or agency, we undertake to report such
fact within five (5) days therefrom to the court or agency
where the original pleading or sworn certification
contemplated herein has been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this

__________ day of May, 2014 in the City of Iloilo, Philippines.

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 ESTELA P. NG VIRGINA H. PUDADERA
Affiant Affiant

RAYMOND N. LABADAN JOHN RICHARD V. COCHING

Affiant Affiant

BEFORE ME, A Notary Public for and in the above jurisdiction, this
_________ day of May, 2014, at Iloilo City, Philippines, personally
appeared:

NAME GOVERNMENT I.D. NO. DATE/PLACE ISSUED

1. Estela Ng
2. Raymond Labadan
3. Virgina Pudadera
4. John ichard Coching

personally known to me and/or identified by me through competent

evidence of identity as defined by the Rules on Notarial Practice
pursuant to Supreme Court EN BANC A.M. No. 02-8-13 SC Resolution.
That the herein persons represented to me that the signature on the
instrument or document, particularly this _________________ consisting of
(______) pages, including this page, are voluntarily affixed by them as
their free and voluntary act and deed and they avowed under penalty of
law to the whole truth of the contents of the foregoing.

WITNESS MY HAND AND SEAL on the date and place first above-
written.

Doc. No. ____; _______________________________________

Page No. ____;
Book No. _____;
Series of 2014.

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