REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
BRANCH 1, MANILA CITY

PIA CHUA,
Plaintiff,

-versus-

CITY OF PARANAQUE, Civil Case No.

represented by CITY ENGINEER For: Damages
TIMOTHY SIETEREALES,
Defendants.
x ----------------------------------------- x

COMPLAINT

Plaintiff, PIA CHUA, by counsel, respectfully states that:

1. Plaintiff is a Filipino, of legal age, and resident of 531 Quintin

Paredes St. Binondo, Manila;

2. Defendant is the City Government of Parañaque City whose office

is at Parañaque City Hall, Hernandez Avenue, Sucat Road, San
Antonio Valley 1;

3. Defendant, Engr. Timothy Sietereales, is of legal age, Filipino

citizen, single, and a resident of No. 25 Dr. A. Santos Ave., Brgy.
San Dionisio, Sucat, Parañaque City. Currently, he is also the City
Engineer of Parañaque City whose office is at the Engineering
Office at Parañaque City Hall, Hernandez Avenue, Sucat Road,
San Antonio Valley 1;

1
4. Plaintiff is a licensed vehicle driver with a valid Philippine driver’s
license. Attached hereto is an official copy of her driver’s license
referred to as ANNEX “A”;

5. Plaintiff is a registered owner of a red Montero Sport with Plate

No. ID 15. Attached hereto is the Official Receipt and Certificate of
Registration referred to as ANNEX “B”;

6. On 11 August 2017 at around 10:20 p.m., Plaintiff received an SMS

from the National Disaster Risk Reduction and Management
Council (NDRRMC) that states: “Red Rainfall Alert sa Metro Manila
at Rizal sa susunod na tatlong oras. Nagbabadyang matinding
pagbabaha sa mababang lugar at malapit sa ilog.” (ANNEX “C”);

7. At approximately 11:00 P.M. on the same date, Plaintiff was

driving along El Grande Avenue, located inside BF Homes,
Parañaque City, at a speed of approximately 45 kph;

8. Plaintiff is unfamiliar with the said area and as such, used a

navigational app through her mobile phone called “Waze” to direct
her in taking the shortest route back to Binondo, Manila;

9. At the time that Plaintiff was driving, El Grande Avenue did not
have any working street lamps and the road was dark (ANNEX
“D”);

10. Plaintiff drove into an open drainage construction site located on

the same road;

11. There were no signs or notices whatsoever as to indicate the

existence of an open drainage construction site along El Grande
Avenue;

12. Plaintiff fell into the open drainage construction and due to the
said accident, Plaintiff suffered multiple contusions and retained
visible lacerations including one on low distal forehead;

2
13. Plaintiff also suffered from severe back pain, and neck strain
causing her to wear a neck brace for two weeks as evidenced by the
medical report form referred to as ANNEX “E”;

14. Plaintiff suffered actual damages for medical expenses in the sum
of TEN THOUSAND SEVEN HUNDRED NINETY-ONE PESOS
(Php 10,791.00). Attached is the Hospital Bill referred to as
ANNEX “F”;

15. Plaintiff also suffered also mental anguish, serious anxiety, and
moral shock for which she must be recompensed moral damages
in the sum of FIFTY THOUSAND PESOS (P50,000.00);

16. The Montero Sport owned and driven by Plaintiff was severely
damaged and requires extensive repairs estimated at ONE
HUNDRED NINE THOUSAND SIX HUNDRED THIRTY-SIX
PESOS AND EIGHTY CENTAVOS (P109,636.80) as manifested in
the Work Order referred to as ANNEX “G”;

17. In being compelled to litigate, Plaintiff was obliged to hire the

services of a lawyer who is entitled to attorney’s fees in the amount
of FIFTY THOUSAND PESOS (P50,000.00).

PRAYER

WHEREFORE, it is most respectfully prayed that Defendant

pays the Plaintiff the following:

1. Actual damages of ONE HUNDRED TWENTY THOUSAND

FOUR HUNDRED TWENTY-SEVEN PESOS AND EIGHTY
CENTAVOS (P120,427.80);

2. Moral damages of FIFTY THOUSAND PESOS (P50,000); and

3. Attorney’s fees of FIFTY THOUSAND PESOS (P50,000).

3
 With legal interest from the date of filing this suit, plus other costs
of suit.

Other just and equitable relief are likewise prayed for.

Makati City for Manila City, Metro Manila, 25 August 2018.

Bayona, Caro, Carpio, Domingo, Tolentino Law Firm
24th floor, RCBC Plaza, 6819 Ayala Avenue corner Gil Puyat Avenue,
1227 Makati, Philippines

By:

Atty. Monica Celine A. Caro

Counsel for Plaintiff
PTR No. 5829304, Makati City, 1/5/20
IBP OR No. 200312, Makati City, 1/5/20
Attorney’s Roll No. 91884
MCLE Compliance Certificate No. IV-0023145, Makati City, 1/5/20

COPY FURNISHED:
(By Registered Mail/ Courier)

CITY OF PARANAQUE

℅ Atty. Sherwin Bries

San Antonio, Parañaque City

ENGR. TIMOTHY SIETEREALES

Engineering Office
Parañaque City Hall,
Hernandez Avenue,
Sucat Road, San Antonio
Valley 1.

4
VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

I, PIA CHUA, of legal age, Filipino, after having been sworn, in

accordance with law, hereby depose and state that:

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

2. I have read and understood the contents hereof of this Complaint,

and the facts herein alleged are true and correct of my own
knowledge and based on available verifiable records;

3. I heretofore have not commenced any other action or proceeding or

any claim, or filed any claim involving the same issues before any
other court, tribunal or quasi-judicial agency and, to the best of my
knowledge, no such other action or claim is pending therein;

4. I hereby undertake to notify this Honorable Court of such fact

within five (5) days from receipt of such knowledge, should I come
to learn that the same or a similar action or claim has been filed or
pending in the any other court, tribunal or quasi-judicial agency;

5. I am executing this sworn statement in compliance with Section 5,

Rule 7 of the 1997 Rules of Court.

Pia Chua
Affiant

SUBSCRIBED and SWORN TO before me this 25th day of

August 2018 at , Philippines, affiant exhibiting to me
her with ID No. issued by the , as

competent evidence of her identity, and she personally acknowledged

to me that the foregoing “Complaint” is her free and voluntary act and
deed. Machine copy of this is hereto attached.

5
 Atty. Micah Celine Carpio
Notary Public
PTR No. 12309885, Makati City, 1/5/20
IBP OR No. 1294880, Makati City, 1/5/20
Attorney’s Roll No. 91564
MCLE Compliance Certificate No. IV-554145, Makati City,
1/5/20

Doc No. ; Page

No. ; Book No.
; Series of 2018.