REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 3, Balanga City

RALPH LORILLA,
Plaintiffs,

CIVIL CASE NO. 1434454

-versus- For: DAMAGES BASED ON QUASI-
DELICT

HARRADIER ISNANI,
BALUYOT ENTERPRISES INC.,
Defendants
x-----------------------------------x

COMPLAINT FOR DAMAGES

Plaintiffs thru counsel, and unto this Honorable Court, respectfully manifest:

1. That plaintiff Ralph Lorilla is of age, married, and resides at No. 25, Villegas Street, Brgy.
Reformista, Limay, Bataan;
2. That defendant Baluyot Enterprises Inc. is a corporation duly organized under Philippine
law, engaged in the business of wholesale and retail with principal office at the
Sampaguita Commercial Complex, Market Road, Limay Bataan; while the other
defendant Harradier Isnani is the driver of the corporation’s delivery panel or truck, and
both may be served with summons at said Sampaguita Commercial Complex building.
3. That for cause of action against the defendants, it is hereby stated that on or about six
o’clock in the morning, while driver Harradier Isnani was operating the company’s
delivery van, bearing plate number TYT 143 along the National Road, within the
territorial jurisdiction of Balanga City, he so negligently and recklessly operated it at a
fast speed in complete disregard of traffic conditions then existing, causing it to bump
with terrific force against a Isuzu Trooper model 2009 bearing plate number ABC 098 in
which plaintiff was in;
4. That because of the said terrible impact, the said Isuzu Trooper was substantially
damaged, not only in the rear portion but also in its front or radiator portion, having
been pushed several meters forward against other vehicles in front due to said terrific
impact;
5. That because of this negligence of driver Harradier Isnani, an employee of defendant
Baluyot Enterprises Inc., the plaintiff was thrown off balance, causing him to bump his
 head and face against the front windshield of the car he was in, causing contusions and
bruises on his face, right leg, as well as in other parts of his body;
6. That by reason thereof, the plaintiff Ralph Lorilla suffered not only physical injuries for
which he was medically treated but also mental anguish, serious anxiety, and moral
shock;
7. That plaintiff Ralph Lorilla had suffered actual damages for X-rays and medical
attendance, etc., in the sum of FIFTY THOUSAND PESOS (P50,000.00) and moral
damages in the sum of THIRTY THOUSAND PESOS (P30,000.00);
8. That the plaintiff Ralph Lorilla has suffered actual damages in the sum of ONE HUNDRED
FIFTY THOUSAND PESOS (P150,000) having had to cause repairs of his vehicle that is
estimated to take at least one month;
9. That plaintiff Ralph Lorilla, by reason of having been deprived of the use of his car, is
missing important business contracts which will cause him loss of profits to the extent of
not less than ONE HUNDRED THOUSAND PESOS (P100,000.00) for the duration of the
repairs;
That prior to the filing of this complaint, the plaintiff through counsel, had written to
defendant Baluyot Enterprises Inc. that as employee of the defendant driver, it is its
legal duty to make good at least the actual damages suffered by the plaintiffs, but said
employer ignored plaintiffs’ request for an extrajudicial settlement, such that the
plaintiffs were compelled to go to court for redress of their grievances;
10. That in being compelled to litigate, plaintiffs were obliged to hire the services of a
lawyer who is entitled to attorney’s fees in the amount of THIRTY THOUSAND PESOS
(P30,000.00);

WHEREFORE, IN VIEW OF THE FOREGOING, plaintiffs through counsel pray this Honorable
Court, after due hearing, to adjudge defendants Baluyot Enterprises Inc., and Harradier Isnani,
jointly and severally, to pay the following:

1. Actual damages of TWO HUNDRED THOUSAND PESOS (P200,000.00);

2. Loss of profits of ONE HUNDRED THOUSAND PESOS (P100,000.00);
3. Moral damages of THIRTY THOUSAND PESOS (P30,000.00);
4. Attorney’s Fees of THIRTY THOUSAND PESOS (P50,000.00).

or total damages for both plaintiffs in the sum of THREE HUNDRED EIGHTY THOUSAND PESOS
(P380,000.00), with legal interest from the date of filing this suit, plus costs of suit, and such
other remedies as may be just and equitable in the premises.

All other just and equitable reliefs are also prayed for.

Balanga City, Philippines, this 8th of day September, 2017.

 ERIC B. TAMAYO
Counsel For Petitioners
No. 429 S. Juntura St. Lower Tundol, Limay Bataan
IBP Lifetime No.2086776; Balanga City
PTR No. 2089876; July 14, 2017, Balanga City
Roll of Attorney No. 2080203
MCLE Compliance No. 243577

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

We, RALPH LORILLA, of legal age, do hereby state that: we are the plaintiffs in the
complaint entitled COMPLAINT FOR DAMAGES BASED ON QUASI-DELICT and in such
capacity, caused this complaint to be prepared; we have read its contents and affirm that they are
true and correct to the best of our own personal knowledge; we 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 we learn of such a case, we shall notify the court within five (5) days from our
notice.

IN WITNESS WHEREOF, we have signed this instrument on September 8, 2017.

RALPH LORILLA

SUBSCRIBED AND SWORN TO before me in the City of Balanga on this 8th day of
September 2014, affiants exhibiting before me their identification:
Ralph Lorilla LTO License # C02-16-004500 Issued on May 26, 2017, Abucay, Bataan

ALEXIS JANET J. VALDEZ

NOTARY PUBLIC
Commission Expires on December 31, 2017
IBP Lifetime No.2060143; Balanga City
PTR No. 2028572; April 14, 2017, Balanga City
 Roll of Attorney No. 207473
MCLE Compliance No. 255457

Doc. No. 5
Page No. 1
Book No. I
Series of 2017