Republic of the Philippines

REGIONAL TRIAL COURT

Fourth Judicial Region
Branch 55, Lucena City

HANNA DESEMBRANA,
Plaintiff,

Civil Case No. 110

-versus FOR: DAMAGES

JACK and POY BUS LINER

represented by Jayrom Carabido.
Defendant.
x--------------------------------------x

COMPLAINT

PLAINTIFF, by and through the undersigned counsel and unto this Honorable
Court most respectfully allege that:

1. The Plaintiff Hanna Desembrana, Filipino, single, businesswoman,

33 years old and a resident of 108 Gomez St. St. Jude Village, Lucena City, Quezon
Province.

2. The Defendant Jack and Poy Bus Liner is a domestic corporation duly
organized under the laws of the Philippines engaged in the business of land transportation
of passengers and goods and a holder of certificate of public convenience with principal
place of business at 640 Quezon Avenue, Lucena City, Philippines, where it may be
served with summons and other court processes. A copy of the certificate of public
convenience is hereto attached as Annex “A”;

3. On September 1, 2018, at about 6:30 in the morning, the plaintiff bought a

bus ticket with ticket number 0123, boarded, or about 6:40 in the morning, a passenger
bus with plate number IPU 246 owned and operated by Jack and Poy Bus Liner and
driven by Vicente Fabrero departed from its bus terminal at Grand Terminal, Lucena City
on its way to its destination at Pasay, Manila bus terminal. Plaintiff boarded the said
passenger bus at Grand Terminal, Lucena City, Quezon to its destination in Manila for a
business meeting. A copy of the ticket is hereto attached as Annex “B”;
 4. While navigating along the portion of Brgy. Ilayang Dupay, Maharlika
Highway, as witnessed by Millicent Pangilinan, while crossing the highway using a
pedestrian lane, the defendant Jack and Poy Bus Liner and driven by Vicente Fabrero,
coming from Lucena going en route to Pasay City, in order to avoid a crossing
pedestrian, swiftly swerved and entered the lane being traversed by Southern Passenger
Bus in Maharlika Highway, thereby colliding with the latter bus. Such accident happened
amidst the fact that there was an existing pedestrian lane on the said highway wherein
any professional and experienced driver, in the exercise of due diligence, was supposed
to slowdown;

5. Because of the great impact, plaintiff suffered physical injuries for which
she was treated and confined for three months at Lucena United Doctors Hospital in
Lucena City, Quezon from September 7, 2018 to December 8, 2018 then another two
months for physical therapy, incurring hospitalization and medical expenses amounting
to a sum of Two hundred thousand pesos (P 200, 000.00). The copy of the official
receipts issued by Lucena United Doctors Hospital, Dr Patrick Go, and Mercury Drug as
Annexes “C”,“D” and “E” “F”, respectively and made an integral part hereto;

6. The defendant Jack and Poy Bus Liner is liable for damages for breach of
contract of carriage because it failed to observe the required diligence under the Under
Article 1755 of the Civil Code which provides that a common carrier is bound to carry
the passengers safely as far as human care and foresight can provide using the utmost
diligence of a very cautious person with a due regard for all the circumstances.
Employees being the extension of the common carrier with regard to the duty
transporting of passengers safely from one point to another, should have exercised the
said diligence. As stated in the case of Maranan vs Perez, as one of the reasons why the
principle that it is the carrier’s implied duty to transport passenger’s safely, said liability
of the carrier for the servent’s violation of duty to passengers, is the result of the former’s
confiding in the servant’s hands the performance of his contract to safely transport the
passenger, delegating therewith the duty of protecting the passenger with the utmost care
prescribed by law.

7. That the defendant corporation failed to observe the required diligence in

selecting and supervising its employees by means of not providing proper and valid
screening measures, such medical examinations to be properly conducted by the
company’s physician, interview, and other form of examinations to test the qualification
of an applicant, hiring Vicente Fabrero as its driver/employee which caused the said
accident to the injury of the plaintiff, and for not performing proper inspection and
maintenance of its buses with its equipment.

8. The act of Vicente Fabrero in driving the bus in a very fast manner not
giving due regard to the fact that the equipment of the bus he is driving is not rigorously
being inspected by the company and probably broken or malfunctioning clearly gives rise
to the fact that he is incompetent, but nonetheless he is hired, and as a result of this
incompetency, he failed to properly act upon the situation leading to the accident.

9. Plaintiff caused the sending of a demand letter dated 12 February 2019 to

the defendant, asking him to communicate with plaintiff’s counsel for the purpose of
settling the damage caused to the plaintiff by reason of the fault or negligence on the part
of the defendant. The copies of the letter is hereto attached as Annex “G”;

10. However, instead of heeding the polite demands of the plaintiff, the
defendant, simply ignored to entertain plaintiff’s just demands in her letter. Thus, the
plaintiffs seek the assistance of this Honorable Court.

DAMAGES

11. As a result of defendant’s fault or negligence, they are liable to plaintiff for
damages.

12. Because of the incident, plaintiff had to undergo proper medications

thereby unnecessarily incurring expenses in the amount of not less than Php. 400,000.00.

13. Consequently, plaintiff incurred loss of earnings because of the injuries

suffered from the incident. Plaintiff is a businesswoman and she had to stop working for
three months thereby losing potential income in the amount of at least Three hundred
Thousand Pesos (Php 300,000.00), representing cancelled transactions and unrealized
profits.

14. Plaintiff was compelled to file this case because of defendant’s obstinate
and unjustified refusal to take responsibility for their actions. His polite demands were
simply ignored. Thus, plaintiff had no other recourse but to hire a lawyer and pursue
legal action. In the process, she will be spending for attorney’s fees in the amount of at
least PhP 50,000.00 and other legal expenses in the amount of at least PhP 10,000.00.
 15. In addition to the physical injuries and pain, plaintiff, Hanna Desembrana,
has also suffered and is still suffering mental anguish, severe anxiety and psychological
torture caused by the incident. She has been suffering from sleepless nights and
tormented by financial expenses which could have been avoided, thereby entitling her to
moral damages in the amount of, at least, PhP 50,000.00.

PRAYER

WHEREFORE, PREMISES CONSIDERED, plaintiff, through the

undersigned counsel most respectfully prays on this Honorable Court, after due hearing,
to adjudge the defendant Jack and Poy Bus Liner, to pay the plaintiff the following:

1) Four Hundred Thousand Pesos (Php 400,000.00) as actual or compensatory

damages representing the hospitalization and medical expenses of the plaintiff;
2) Three Hundred Thousand Pesos (Php 300,000.00) for loss of earning and
income;
3) Fifty Thousand Pesos (Php 50, 000.00) for moral damages;
4) Fifty Thousand Pesos (PhP 50,000.00) for attorney’s fees and Ten Thousand
Pesos (10, 000.00) for litigation expenses;
5) Other just and equitable reliefs are, likewise, prayed for.

RESPECTFULLY SUBMITTED this 12 March 2019 at Lucena City, Quezon,

Philippines.

HANNA DESEMBRANA
Plaintiff

Assisted by

REYNOSO AND REYNOSO LAW OFFICE

319-A, 3rd floor, Diocesan Center, Gomez Street, Lucena City, Quezon, Philippines.
e-mail: HEADlawoffices@gmail.com
telephone number: 082-296-178
 CERTIFICATION OF NON- FORUM SHOPPING

I, HANNA DESEMBRANA, after having been sworn to in accordance with law

hereby depose and say THAT:

1. I am the plaintiff in the above-entitled case;

2. I have caused the preparation and filing of the foregoing complaint, that I
have read the allegations therein, and that they are true and correct of my own personal
knowledge and belief and based on authentic documents;

3. Other than the foregoing complaint, I have not commenced any other action
or proceeding involving the same issue before any tribunal or agency and that, to the best
of my knowledge, there is no such action or proceeding pending before any tribunal;

4. If other than the foregoing complaint, I should learn that a similar action or
proceeding has been filed or is pending in any tribunal, I will notify this Honorable Court
of the same within five (5) days from such notice

IN WITNESS WHEREOF, I have hereunto set my hand this 12 March 2019 at

Lucena City, Quezon, Philippines.

SUBSCRIBED AND SWORN TO before me a Notary Public, for and in Lucena

City, the affiant, Hanna Desembrana exhibited to me her current and unexpired driver’s
license numbered L02-123456 valid until May 1, 2020, bearing her photograph and
signature as competent proof of her identity.

ADRIEL REYNOSO
Notary Public for Lucena
Doc No.: 80 Notarial Commission No. 123-2019
Page No.10 PTR No. 123456; 01-02-13;D.C.
Book No.II IBP Life Member Roll 12348
Series of 2019. MCLE Compliance No. III-123459; 01-
10-2012; Issued in Manila City