1st Assignment for Prac Court I

1. Complaint for Damages involving a common carrier (Plaintiff)

Facts: Bridget Abad is a highschool principal in Monkayo ComVal who took the Metro Shuttle Bus
Company. She was going to Abreeza Mall to shop one Sunday Morning. At 8AM, she boarded the
Metro Shuttle. She was a paying passenger. Upon reaching the National Highway, Brgy Tuburan which
was under construction by a private contractor, DMCI, a construction firm owned by David Consunghe
(?), a Bachelor Express Bus coming from the opposite direction side-swept the Metro Shuttle. Because
driver was not able to notice that there was a construction on the pavement of the highway for
failure of the contractor mentioned to install warning signs, the Metro Shuttle ridden by Mrs. Abad
hitting the left side most seat where Mrs. Abad was seated. As a result of the strong impact, Mrs.
Abad was injured. She sustained serious head injuries and the Metro Shuttle sustained damage on its
left side of the body of the bus. Mrs. Abad was rushed to Davao Doctor’s Hospital (DDH) and due to
timely medical intervention, she was saved but she was hospitalized for 3 months. She underwent
cranial procedures and incurred the ff expenses

DF - 1M

HB - 800K

Medicine - 300K

She was incapacitated to perform her task as principal due to brain damage. Mrs. Abad at that
time was 40 yo and her monthly salary as HS Principal was 47K. She finished her MS degree in Educ
and a doctor of Education. The compulsory retirement age for govt employees is 65yo.

Notes:

1. Use efficient paper rule.

2. File the case in Nabunturan RTC. Branch 3 under Judge Cruz

3. Nature of the case is Complaint for Damages based on the Contract for Damages

4. Make a list of exhibits and witnesses.

- one evidence is traffic investigation report

5. Don’t forget CNFS and Verification.

6. Rule on pleadings/allegation, allege only ultimate facts.

7. Conclusions of law have no place in pleadings

Deadline July 14, 2018

*The meeting after the deadline, you will submit the 3rd-Party Complaint by the Defendant against
Bachelor. Metro Shuttle are dilligent. It was the fault of Bachelor.
Notes: Mag 4th party against Consunghe. You are now suing a juridical person. So you now allege that
it is a corp with a principal office. If the principal office is in Makati, can he be sued here in
Nabunturan? You research on that.

The meeting after that again, 3rd week, you will submit answer by Consunghe.

Consunghe’s defense: They installed road signs but it was swept away by the heavy rain the night
before the incident.