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Regional Trial Court: Republic of The Philippines 11 Judicial Region Branch - Davao City
Regional Trial Court: Republic of The Philippines 11 Judicial Region Branch - Davao City
COMPLAINT
1. Plaintiff is a Filipino, of legal age, married, and residing at 32E Jacinto St., Davao
City, where he may be served with summons, papers and other process of this
Honorable Court ACOP Law Firm, Suite 704, LANDCO Bldg, Bajada, Davao City.
2. Defendant Aurelio Laxa is a Filipino, of legal age, single, and residing at Purok 14,
Mintal, Davao City, where he may be served with summons, papers and other
process of this Honorable Court.
3. Defendant Bonifacio Cruz is a Filipino, of legal age, married, and residing at Purok
Sto. Nino, Buhangin, Davao City, where he may be served with summons, papers
and other process of this Honorable Court.
4. Defendant ULTRA Speed Machine Shop and As Metal Products is a juridical entity
duly registered with the Securities and Exchange Commission. It is engaged in the
selling metal products and Auto Repair. It is represented herein by Aurelio Lara,
owner and manager of ULTRA Speed Machine Shop and As Metal Products. It may
be served with papers and other processes of this Honorable Court at 131 R.
Magsaysay Avenue Davao City.
5. Defendant Aurelio Lara is a Filipino, of legal age, married, and residing at 131 R.
Magsaysay Avenue Davao City, where he may be served with summons, papers and
other process of this Honorable Court.
7. Plaintiff herein is the wife of victim of the vehicular accident, Romeo Tuadles who is
the sole bread winner of the family.
9. Defendant ULTRA Speed Machine Shop and As Metal Products owned by Aurelio
Lara has legal possession of the vehicle and bound itself by an acknowledgment
attached herewith Annex A, to be responsible for any and all incidents that may
occur while the said vehicle is in their custody.
10.Defendant Aurelio Lara is the employer of Aurelio Laxa, being the owner of ULTRA
Speed Machine Shop and As Metal Products.
11.On December 29, 2010, Bonifacio Cruz brought his vehicle to ULTRA Speed Machine
Shop and As Metal Products by Aurelio Lara for repair and left the said vehicle at
the shop.
12.At about January 2, 2011, Aurelio Laxa, a driver of As Metal Products with his co-
workers on board drove the vehicle in going to the beach.
13.In driving back from the beach, Aurelio Laxa lost control of the vehicle while
negotiating a curve causing it to turn turtle resulting in the death of one of its
passengers Romeo Tuadles.
14.A demand letter for indemnification for damages was by plaintiff to defendants.
15. Defendant Bonifacio Cruz promptly denied liability for reason that his vehicle was
used and driven without his knowledge and consent by Aurelio Tuadles at the time
of the accident.
16.As a result of the death of Romeo Tuadles, his family is in financial difficulties
because they depend on him as a sole wage earner in the family. Hence, they must
be made to pay for damages for the death of Romeo Tuadles, in the amount
equivalent to FIVE HUNDRED THROUSAND PESOS (P 500,000.00).
17.Due to the sudden death of Romeo Tuadles, his wife and children suffered mental
anguish and serious anxiety.
18. Consequently, Plaintiff was constrained to engage the services of counsel to whom
it obligated itself to pay as Attorney's Fees the amount equivalent to TWENTY FIVE
PERCENT (25%) of the total amount to be adjudged in favor of plaintiffs, and the
costs of this suit.
PRAYER
Other reliefs just and equitable under the premises are likewise prayed for.
By
That I am the Plaintiff in the above-entitled case; That I have caused the
preparation of the above Complaint and I have read the same and knows the
contents thereof; That the allegations contained therein are true and correct of my
own personal knowledge.
Received from Bonifacio C. Cruz, his Cimarron Jeepney with Plate No. LXX-
349, for repair and other necessary fixing. The said acceptance is with the consequent
assurance that we will be responsible for any and all incidents which may occur while the
said vehicle is in our custody.
Aurelio Lara
Owner and Manager
Ultra Speed Machine Shop
and As Metal Products