REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT BRANCH _____, PASIG CITY SANTIAGO

FLORES, Plaintiff, -versusCCC CONSTRUCTION CORPORATION, NO._____ ROBINSONS LAND CORPORATION, and Damages DM CONSTRUCTION CORPORATION, Defendants. x----------------------------------------------------x COMPLAINT 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 27 Block 3, Sunflower Street, Bloomfields Subdivision, Novaliches, Quezon City; while the defendants Robinsons Land Corporation, CCC Construction Corporation, and DM Construction Corporation are domestic corporations duly organized and existing under the laws of the Philippines, with principal place of business at (1) Ortigas Avenue, Pasig City, (2) 127 Jose P. Rizal Street Mandaluyong City, and (3) 356 Ortigas Avenue, Mandaluyong City, respectively, where they may be served with summonses and other court processes; FIRST CAUSE OF ACTION 2. That the plaintiff is employed by San Miguel Corporation (SMC) as Chief Accountant with a monthly salary of one hundred thirty thousand pesos (P130,000.00), as may be evidenced by Certificate of Employment and Compensation issued by the SMC Human Resources Department, a copy of which is hereto attached as Annex A; 3. That on January 4, 2012, at about 7:00 oclock in the morning, while the plaintiff was driving his Toyota Fortuner, with Plate Number SEC-123, along Ortigas Avenue, Pasig City, a piece of plywood suddenly dropped from the 14 th floor of a commercial condominium, which was then under construction, and hit the windshield of his car, causing damage to the said vehicle at an estimated cost of eighty thousand pesos (P80,000.00), as may be evidenced by an Estimate of Repairs, issued by Toyota Service Center; and injuries to the plaintiff for which he was hospitalized and treated at The Medical City, as may be evidenced by the CIVIL CASE For:

Medical Certificate issued by the said hospital. Copies of the Estimate of Repairs and Medical Certificate are hereto attached as Annexes B and C, respectively; 4. That due to his hospitalization, plaintiff incurred medical expenses in the 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 hereto attached as Annex D. Likewise, he was not able to report to work for two days which caused him unearned income of ten thousand pesos (P10,000.00). 5. That defendant Robinsons Land Corporation is the owner of the aforesaid commercial condominium building, while the contractor and subcontractor thereof are the defendants DM Construction Corporation and CCC Construction 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 the Incident Report of SPO3 Juan Pedro Dela Cruz, a copy of which is hereto attached as Annex 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. of action; That the plaintiff hereby re-pleads all the allegations in the first cause

9. That due to the incident mentioned in paragraph 3 hereof, plaintiff suffered mental anguish, sleepless nights, and serious anxiety, for which he should be 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 and second causes of action; 11. That by way of example or correction for the public good, in addition to moral damages, the defendants should be held liable for exemplary damages in the amount of thirty thousand pesos (P30,000.00);

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 to litigate, for the purpose, and engaged the services of counsel for a fee of twenty five 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 that judgment be rendered in favor of the plaintiff and against the defendants, ordering the latter to pay: 1. 2. 3. 4. 5. P110,000.00 for and as actual damages; P50,000.00 for moral damages; P30,000.00 for exemplary damages; P25,000.00 for and as Attorneys fees; and The costs of suit.

Plaintiff likewise prays for other reliefs just and equitable in the premises. Pasig City, Philippines, August 6, 2012.

THE FIRM & ASSOCIATES Counsel for the Plaintiff 12th Floor, Strata 100 Building Emerald Avenue, Ortigas Center Pasig City

By: 2012

Amado Aquino III Attorneys Roll No. 12345 IBP No. 67890, issued at Pasig City on January 14,

PTR No. 13579, issued at Pasig City on January 14, 2012 MCLE 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

PTR No. 12345 Roll No. 98761

Doc. No. Page No. Book No. Series of 2012