Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

First Judicial Region
Branch ____
_____________

ALEJANDRO BUTAL,
Plaintiff, Civil Case No. ___________

FOR:
-versus-

DAMAGES
DIMPOL BUROLLO and
PHILIPPINE KUNEHO BUS,
Defendants.
x-----------------------x

COMPLAINT

WITH ALL DUE RESPECT TO THIS HONORABLE COURT, for a

sufficient cause of action, Plaintiff through counsel respectfully alleges that:

1. Plaintiff is of legal age, married, Filipino citizen and with residence and

postal address at No. 55 Purok 1, Upper Fairview, Baguio City,

Philippines;

2. While Defendant - Dimpol Burollo, is likewise of legal age, married, Filipino

citizen and a resident of Zone 6 Bangued, Abra, Philippines and

Defendant – PHILIPPINE KUNEHO BUS LINES, a private corporation

duly organized and existing under Philippine Laws and/or licensed to do

business in the Philippines, with main office address at Mc Arthur

Highway, Tarlac, Tarlac, Philippines, where they may be served with

summons and other processes of this Honorable Court;

3. Sometime on July 28, 2006, Plaintiff boarded the 11:00 o’clock A.M. trip of

a passenger bus (PHILIPPINE KUNEHO BUS LINES) bearing Plate No.

AVS 848 bound for San Fernando, La Union. As such, he was issued a
 bus ticket hereto attached and marked as Annex “A” and made integral

part hereof;

4. At around 11:45 o’clock in the morning, while said bus was traversing at

the shoulder of the National Road at Barangay Old Poblacion, Burgos, La

Union, Philippines, it overtook a tricycle in front of it and suddenly hit a

huge bump causing it to lose control until it finally bumped on a concrete

and steel fence at the shoulder of the road owned by Thor Magtanggol.

The incident was reported to the Burgos Police Station, La Union for

blotter and proper investigation which Incident Report is hereto attached

and marked as Annex “B”;

5. As a result of the vehicular incident and aside from the damages incurred

by the PHILIPPINE KUNEHO BUS LINES and injuries to some of its

passengers, Plaintiff incurred injuries on his forehead and foreleg which

was slammed at the steel bar of the seat in his front;

6. With the assistance of the persons present at that time, all the passengers

who sustained injuries including the Plaintiff were rushed to the nearby

Naguilian District Hospital, Naguilian, La Union for immediate medical

treatment;

7. Plaintiff was then treated at said hospital where series of x-rays were

conducted. Copy of his Medico-Legal Certificate is likewise hereto

attached and marked as Annex “C”;

8. On August 3, 2006, because of pains that Plaintiff had been suffering on

his foreleg, he went for radiology and medical treatment at the Baguio

General Hospital & Medical Center, Baguio City. Copy of the findings is

hereto attached and marked as Annex “D”;

9. Verbal demands were made against Defendant – Philippine Kuneho Bus

Lines at their branch office located along Governor Pack Road, Baguio

City for the refund of all Plaintiff’s expenses he incurred as a result of the

vehicular incident but such demands were only landed to a deaf hears;

10. In view of the unwarranted display of bad intent of the Defendant – Driver

resulting to reckless imprudence, wanton and utter disregard of traffic

rules and regulations, the plaintiff suffered extensive injuries which

resulted to confinement at home for several days incurring fees of Three

Thousand Four Hundred (Php3,400.00) Pesos, for Doctor’s Fees, hospital

confinement and for his continous medications, and including expenses

for cultural rituals and transportation in the amount of Seventeen

Thousand Six Hundred Thirty Seven (Php17,637.00) Pesos;

11. Due to the Plaintiff’s confinement at home as a result of his injuries, he

was deprived of his daily Net Income of Three Hundred (Php300.00)

Pesos as his wage as a construction worker or for a total amount of One

Thousand Five Hundred (Php1,500.00) Pesos for five (5) days;

12. As a consequence of the injuries the Plaintiff failed to earn for a living

which as a result, suffered and continue to suffer anxiety, sleepless night,

mental anguish and undue irritation and vexation whereby moral damages

which although incapable of pecuniary estimation could be assessed in

the amount at no less than TWENTY THOUSAND (Php20,000.00)

PESOS, must be awarded as joint and solidary liability of the Defendants;

13. The wanton disregard of the safety of the public and traffic rules and

regulations glaringly shows the lack of supervision by and lack of

discipline of the Defendant – Philippine Rabbit Bus Lines for which

exemplary and/or punitive damages at no less than TEN THOUSAND

(Php10,000.00) PESOS, awarded to the Plaintiff as a joint and solidary

 liability of the Defendants and example for the good and deter other

person from the commission of the acts complained of herein;

14. Despite due demands made against the Defendants to compensate the

Plaintiff for actual damages and unrealized income, Defendants

deliberately refused to compensate the Plaintiff, thus, compelling the

Plaintiff to hire the services of a counsel whose fees are agreed upon in

the amount of TWENTY THOUSAND (Php20,000.00) PESOS plus ONE

THOUSAND (Php1,000.00) PESOS for every appearance in court;

15. Considering that Plaintiff has been compelled to litigate his claims against

the Defendants, he will be made to spend for litigation an amount of TEN

THOUSAND (Php10,000.00) PESOS;

PRAYER

WHEREFORE, premises duly considered, it is most respectfully prayed of

this Honorable Court that after due notice and hearing, judgement be rendered,

ordering the Defendants jointly and solidarily to pay unto the Plaintiff;

1. To pay the Plaintiff the amount of Php1,500.00, representing the loss of

income suffered;

2. To pay the Plaintiff the amount of Php21,037.00 as and by way of

Actual Damages;

3. To pay Plaintiff the amount of Php20,000.00 as and by way of moral

damages;

4. To pay the Plaintiff the amount of Php10,000.00 as and by way of

exemplary and/or punitive damages;

5. To pay the amount of Php20,000.00 as and by way of Attorney’s fees

plus Php1,000.00 per court appearance of counsel;

6. To pay the amount of Php10,000.00 as and by way of litigation

expenses.
Such other relief and remedies under the premises are likewise prayed
for;

Baguio City, Philippines, this 23rd day of October 2019.

____________________________
LAW OFFICES
Rm. 4 2/F Baguio Masonic Center
180 Yandoc St., Baguio City,
Philippines

By:

________________________
Counsel for the Plaintiff
PTR. No. 1643125:1-5-06;B.C.
IBP. No. 643559:1-5-06;B.C.
Roll No. 43631:5-5-99;Mla.