By virtue of the said authority to sell, plaintiff offered the Subject Property to Filipino Best

Corporation1 for possible purchase, as evidenced by Letter with Subject: Offer to Sell2 addressed to the
Vice-Chairman for Rawland Acquisition of Filbest

6. Years passed, plaintiff sent a follow-up letter to FILBEST to inquire about her proposal for the
purchase of the Subject Property.3 This time, the letter was addressed to the new head of Rawland
Acquisition Department of FilBest, Mr. Hulk Hoogar.

1. Victoria that capsized en route to Davao City from Tacloban City;

2. Defendant Ocean Liner Corporation is a domestic corporation duly organized and existing under
the virtue of the laws of the Philippines, with principal place of business at 12 Burgos Street,
Tacloban City;

3. That on December 1, 2015 at around 8:00 in the morning, a passenger ship called M/B Victoria
capsized in a little bit south of Tacloban City, barely 15 minutes after it left the port, while
carrying 500 passengers from Tacloban City port en route to Davao City. According to the report
of the Philippine Coast Guard, the sinking of M/B Victoria was due to overloading since the ship
can only accommodate 300 passengers but there were 500 passengers on board excluding the
crew. Attached is a copy of the report made by the Philippine Coast Guard regarding the
incident (ANNEX A);

4. It was likewise indicated in the report that among the 500 passengers on board, 200 of them
either died or are still missing. Among those who perished are Jojo Dela Cruz, the father of
plaintiff Juan Dela Cruz, Susan Santos, the mother of plaintiff Pedro Santos, Mario Makiling, the
husband of the plaintiff Maria Makiling and Kokoy Domingo, the son of plaintiff John Domingo.
Their bodies were retrieved by the Philippine Coast Guard on the very day of the incident.
Attached are the Death Certicates of the passengers named above (ANNEXES B to E) and the
autopsy report prepared by Dr. Michael Gomez on the four passengers mentioned (ANNEXES F
to I);

1 hereafer “FILBEST” for brevity

2 A copy of the said Letter is hereto attached as ANNEX “D”.

3 A copy of the said Follow-Up Letter is hereto attached as ANNEX “E”.

 5. Defendant corporation likewise failed to present documents that they complied the mandatory
inspection of the vessel for every three months by the Philippine Coast Guard;

6. Based on the records of MARINA, Ocean Liner Corporation obtained its Certificate of Public
Convenience on January 5, 2012, the vessel M/B Victoria is likewise registered by the
corporation and in its specification under the Permit to Operate, M/B Victoria has a capacity to
accommodate only 300 persons but based on the record obtained from Ocean Liner
Corporation, the ill-fated voyage has accommodated 500 passengers. Attached are the Permit to
Operate issued by MARINA (ANNEX K) and the list of passengers which were about to depart on
December 1, 2015 at 8:00 AM on board of M/B Victoria;

7. According to the weather report issued by PAGASA as of 5:00 AM of December 1, 2015, there
are no upcoming storms and the weather is cloudy with light to moderate winds in the Eastern
Visayas and Mindanao area. Attached is the said weather report issued by PAGASA (ANNEX L);

8. Shortly after M/B Victoria has left the port of Tacloban, the vessel sent a distress signal and it
sank. Rescuers immediately responded but unfortunately 200 of the passengers including some
of the crew died or gone missing;

As of the filing of this complaint, only 75 of the bodies who perished in the incident were recovered,
including

7. To her surprise, plaintiff found out from Mr. Imperial that the negotiations for the purchase of
the Subject Property had already been concluded and that an alleged affiliated/accredited broker of
FILBEST, Mr. Juan Tamad took over plaintiff’s role as agent for the property.

8. Plaintiff tried all means available to her to protect and insist on her right as the agent/broker for
the purchase of the Subject Property but to no avail. Her pleas to defendants Dela Cruz et al, as well as
FILBEST, for recognition as the agent of the sale of the subject property entitled to commission, fell on
deaf ears.
9. Due to the unlawful acts of defendants, plaintiff stands to lose the amount of
_________________________, more or less, in ACTUAL DAMAGES representing her commission for the
sale of the subject property.