Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 77
Quezon City

BARON FREDERICK
VON GEISLER,
Plaintiffs,

CIVIL CASE NO. 145564

-versus- For: DAMAGES under
Article 32 Par. (4) of the
New Civil Code

SPO1 JANE DOE, SPO2 JOHN DOE I,

SPO1 JOHN DOE II, SPO1 JOHN DOE III
SPO2 JOHN DOE IV, and
C/SUPT. GUILLERMO ELEAZAR
Defendants
x-----------------------------------x

COMPLAINT FOR DAMAGES

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

1. That plaintiff BARON FREDERICK VON GEISLER is of legal age, single,

Filipino and is a resident of XXXX Cebu City;
2. That defendants, SPO1 JANE DOE, SPO2 JOHN DOE, and C/SUPT.
GUILLERMO ELEAZAR, are officers of the Philippine National Police with
general headquarters at 21 Makadios, Diliman, Lungsod Quezon, 1101 Kalakhang
Maynila where defendants can be served with summons and other court processes.
3. That on the evening of 17 October 2018, Plaintiff went to TGI Fridays (Fridays),
located at Tomas Morato, Quezon City, to enjoy a night of dinner and drinks.
4. That the Plaintiff decided to play the piano in the said establishment, this act
infuriated a General he could not identify by name. The latter aggressively
confronted the Plaintiff and had him cease from playing the said instrument, to
which the Plaintiff eventually acceded.

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5. That on or around 9 o’clock in the evening of the same day, while the Plaintiff was
watching football inside Fridays, 5 policemen arrived at the scene and apprehended
the Plaintiff in front of numerous witnesses.
6. That during his apprehension, the Plaintiff was not told his Miranda Rights, he was
not shown any warrant justifying his arrest, he was not informed of the charges
against him. He was merely hand-cuffed and dragged outside the establishment.
7. That upon his forceful exit from the premises of Fridays, a horde of media
personnel were already present to cover the story behind his arrest, regardless of
the fact that it was made unexpectedly. This fact gives credence to the allegation
of the plaintiff that the arrest was staged to create an uproar and to besmirch his
reputation as the presence of the reporters evidences that they were informed
beforehand that such arrest would be made against the person of the plaintiff.
8. That on the evening of 17 October 2018, defendants, by direct participation or as
principals by induction through their orders and complicity, detained, restrained
plaintiff, BARON FREDERICK VON GEISLER, of his liberty and was brought
to Quezon City Police District 10.
9. That the Plaintiff was detained illegally, without any charge, and without any lawful
grounds for 17 days from his arrest.
10. That within the same period above stated, the defendants also detained plaintiff
incommunicado and without affording them the right to be heard by counsel or
any member of their immediate families. The defendants confiscated the Plaintiff’s
Mobile Phone and deprived him of the right to contact a relative or a lawyer to
inform them of his situation and to ask for help.
11. That the plaintiff was only released, seventeen days (17) after his capture upon the
posting of bail made by his brother, Donny Geisler . His personal effects were
only released to him upon signing a waiver without the presence of counsel.
12. That the defendants’ actuations of unlawfully depriving plaintiff of his liberty
without lawful grounds, without a warrant of arrest and without charging him for
any offense, searching his person and seizing his personal effects, unlawfully
detaining him incommunicado, and denying him visits by counsel or by members
of their immediate family, and subjecting him humiliation and besmirching his
reputation, which constitute violations of rights and liberties of plaintiff,
guaranteed and safeguarded by no less than the constitution and also constitute
actionable torts in accordance with paragraphs (4) of Article 32 of the Civil Code.

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 13. That the defendants’ acts, thus described, caused plaintiff to suffer mental anguish,
fright, serious anxiety, besmirched reputation, wounded feelings, moral shock,
social humiliation and other similar injuries which though incapable of pecuniary
estimation are the proximate result of the respondent’s wrongful acts, in the
amount of TWO HUNDRED FIFTY THOUSAND PESOS (P 250,000.00)
14. That the defendants should be taught a lesson entitling plaintiff exemplary damages
in the amount of ONE HUNDRED THOUSAND PESOS (P 100,000.00);
15. That in view of the violations to the rights of herein plaintiffs and the injuries they
incurred, the plaintiff was compelled to seek the assistance of counsel to institute
the present suit of damages, thereby incurring at their expense, attorney’s fees and
the costs of the present litigation in the amount of TWENTY FIVE THOUSAND
PESOS (P 25,000.00).

WHEREFORE, in accordance with paragraph (4) of Article 32 of the Civil Code,

plaintiffs respectfully prays for judgment in their favor by ordering defendants to pay the
amount TWO HUNDRED FIFTY THOUSAND PESOS (P 250,000.00) as moral
damages AND attorney’s fees and cost litigation in the total amount of TWENTY FIVE
THOUSAND PESOS (P 25,000.00).

ALL OTHER JUST AND EQUITABLE RELIEFS and remedies are prayed for.

QUEZON CITY, PHILIPPINES. 24 April 2019.

CHERITH INNA D. MONTERO

Counsel For Petitioner
IBP Lifetime No.1231234; Quezon City
PTR No. 9876543; 01/01/19, Quezon City
Roll of Attorney No. 1234567
MCLE Compliance No. 1111111
No. 233, E. Jacinto St., Brgy. UP Campus,
Quezon City, Philippines

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

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 I, BARON FREDERICK VON GEISLER, of legal age, do hereby state that: I
am the plaintiffs in the complaint entitled COMPLAINT FOR DAMAGES UNDER
ART. 32 PAR. (4) OF THE NEW CIVIL CODE, and in such capacity, caused this
complaint to be prepared; I have read its contents and affirm that they are true and correct
to the best of my own personal knowledge; I hereby certify that there is no other case
commenced or pending before any court involving the same parties and the same issue,
nonetheless, Plaintiff herein will file a criminal complaint with the Office of the
Ombudsman against the defendants in the present complaint for damages, which criminal
complaint pertains to the acts and omissions of defendants amounting to violations of
Article 124 of the Revised Penal Code and violations of the Republic Act No. 7438,
paragraph (a) Section 4 therein, but which complaint is of a different nature, being criminal,
with the instant complaint for damages which is civil and involves different issues and
prayers for relief; and in the event that Plaintiff would know that there is an action or
proceeding involving the same issues and parties, he undertakes to notify this Honorable
Court of the pendency of such action within five (5) days from knowledge thereof.

IN WITNESS WHEREOF, I have signed this instrument on 24 April 2018.

BARON FREDERICK VON GEISLER

SUBSCRIBED AND SWORN to before me this 24th day of APRIL2019, at

Quezon City, Philippines by affiant showing his Passport No. E0123456, issued on
9/12/18 at Quezon City, Philippines.

ANN LAURICE P. SALONGA

NOTARY PUBLIC
Commission Expires on December 31, 2020
IBP Lifetime No.2080070; Quezon City
PTR No. 2080070; April 14, 2018, Quezon City
Roll of Attorney No. 2080070
MCLE Compliance No. 2222222

Doc. No. 2
Page No. 1
Book No. I
Series of 2019