Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT
Branch ___
Barotac Viejo, Iloilo

ANABELLE B. POSECION and Civil Case No. ___________

LESLIE M. ABEJAR
Plaintiffs, For: DAMAGES BASED
ON QUASI-DELICT
-versus-

ALFREDO D. BESANA, JR. and

AARON B. ACEVEDO, JR.,
Defendants.
x-------------------------x

COMPLAINT

COMES NOW, Plaintiff, through the undersigned Counsels, and

unto this Honorable Court most respectfully alleges, that:

1. Plaintiff Anabelle B. Posecion is of legal age, married, and

resides at Purok Dalino-an, Brgy. Pa-on, Estancia, Iloilo, and
may be served with any and all court processes at the given
address;

2. Plaintiff Leslie M. Abejar is of legal age, widow, and resides at

Purok 4, Brgy. Bulaqueña, Estancia, Iloilo, and may be served
with any and all court processes at the given address;

3. Defendant Alfredo D. Besana, Jr. (Besana) is the registered

owner of a Nissan Passenger Van with engine no. TD27-945554,
chassis no. TVP4LEFE24A56228 and Plate No. ABM-2020.1 The
said passenger van is an authorized unit of a Certificate of
Public Convenience issued in favor of Defendant Alfredo D.
Besana, Jr. under the denomination of UV Express and
authorized route of Roxas City – Estancia.2 He is of legal age,
married, Filipino and a resident of San Jose Village, Roxas City,

1 Annex “A” – Certificate of Registration of the subject vehicle in the name of Defendant Alfredo D. Besana, Jr.
2 Annex “B” – Franchise Confirmation/Verification issued by LTFRB Region VI, Iloilo City.
 2

Capiz, and may be served with any and all court processes at
the given address;

4. Defendant Aaron B. Acevedo, Jr. (Acevedo) is of legal age,

Filipino, single and a resident of Poblacion, Pilar, Capiz and
may be served with any and all court processes at the given
address. The said plaintiff is the authorized driver of the above-
described Nissan Passenger Van owned and operated by
Plaintiff Alfredo D. Besana, Jr.;

CAUSE OF ACTION
5. On or about 11:00 o’clock in the evening of October 28, 2016 at
the National Highway of Brgy. Pani-an, Balasan, Iloilo, a
motorcycle (100 cc., color black, plate no. 73370B, engine no.
KWY00E158495, chassis no. KWY00158491)3 was driven by
Arnulfo B. Abejar, the deceased husband of Plaintiff Leslie M.
Abejar;

6. Arnulfo B. Abejar (Abejar), who was driving the said

motorcycle on the above-mentioned date, has a backrider in the
person of Angelie B. Posecion (Posecion), of legal age, nurse in
profession, and a resident of Brgy. Pa-on, Estancia, Iloilo. She is
the deceased daughter of Plaintiff Anabelle B. Posecion;

7. Posecion took the motorcycle driven by Abejar because she had

to report for duty as nurse at Jesus Colmenares District
Hospital (JCDH) at Balasan, Iloilo. They were traveling going to
the said hospital and upon reaching the national highway at
crossing Pani-an, Brgy. Pani-an, Estancia, Iloilo, Arnulfo
prepared to manage a left turn to the road going to Iloilo and at
the same time direction where the JCDH is located;

8. While Abejar was managing the left turn, Defendant Besana’s

passenger van coming from Estancia, Iloilo and going to Pilar,
Capiz and driven by Defendant Acevedo was traveling at high
speed without due regard to the safety of other vehicles;

9. At the time Abejar turned left, instead of slowing down or

driving his vehicle to the right side of the road in order not to
block the path of Abejar’s motorcycle, van driver Aaron
decided to overtake the motorcycle driven by Arnulfo.
Consequently, the van bumped and dragged the motorcycle to
the distance of THREE HUNDRED TWO (302) FEET;4
3 Annex “C” – Certificate of Registration of the motorcycle in the name of Arnulfo Abejar.
4 Annex “D” – Incident Diagram of SPO1 Rile F. Villariez, Jr, Investigator, Balasan Municipal Police Station,
Balasan, Iloilo.
 3

10. The reckless and negligent act of the Defendant driver caused
multiple injuries and fractured bones/skulls where Posecion 5
and Abejar6 were both declared by the attending physician of
JCDH as DEAD ON ARRIVAL;

11. Had Defendant Acevedo slowed down his driven van to let the
motorcycle driven by Abejar turned to the left of the
intersection, or overtook the said motorcycle to the right side of
the Estancia to Pilar road, the fateful incident would not have
happened;

12. Worse, instead of extending a helping hand to the injured

motorcycle passengers, Defendant Acevedo fled immediately
after the road mishap and was arrested only after a manhunt
operations of police authorities;

13. The aunt of the deceased Angelie B. Posecion in the person of

Anabelle S. Bataga filed a complaint7 with the Land
Transportation Franchising and Regulatory Board, Regional
Office No. 6 (LTFRB-6) for failure of Respondent Besana to
report the incident before the said office. However, the latter
ignored the same;

14. The following Demand letters were sent again to the

Defendants in order to remind them of their liabilities, to wit:

Defendant Date of Demand Date Received

Letter
Alfredo D. Besana, Jr. March 8, 20198 March 20, 20199
Aaron B. Acevedo, Jr. March 8, 201910 March 22, 201911

However, up to this time, the said Defendant have not settled

the matter with the Plaintiffs to settle their obligations;

15. As a consequence of the reckless and negligent act of Defendant

Acevedo, the Plaintiff Posecion and Abejar suffered the actual
damages amounting to PHP 124,480.00 and PHP 30,918.00,
respectively;

5 Annex “E” – Death Certificate of Angelie B. Posecion

6 Annex “F” – Death Certificate of Arnulfo B. Abejar
7 Annex “G” – Complaint numbered 2017-07-027 dated July 27, 2017
8 Annex “H” – Demand Letter to Alfredo D. Besana, Jr.
9 Annex “I” – Registry Return Receipt duly received by Don Besana
10 Annex “J” – Demand Letter to Aaron B. Acevedo, Jr.
11 Annex “K” – Registry Return Receipt duly received by Marsha Benigla
 4

16. The late Angelie B. Posecion, who was a Registered Nurse

earning a monthly salary of PHP 17,000.00. The late Arnulfo B.
Abejar, who was a self-employed single-motorcycle driver, had
an average earning of PHP 6,500.00 a month (less than the
minimum wage in Western Visayas of PHP 256.50 as of January 11,
2016; PHP 256.50 x 26 = PHP 6,669.00);

17. Under the case People of the Philippines vs. Jorie Wahiman y
Rayos, G.R. No. 200942, June 16, 2015, the formula to determine
the award for lost earnings is:

Lost Earnings = [2/3 x 80 – age] x [Gross Annual Income –

Necessary Expenses equivalent to 50% of the
Gross Annual Income]

Age = 23 years
Gross Annual Income = PHP 17,000 x 12
= PHP 204,000.00
Necessary Expenses = PHP 204,000.00 x 50%
= PHP 102,000.00

Lost Earnings = [2/3 x 80 – 23] x [PHP 204,000.00 – PHP 102,000.00]

= [30.33] x PHP 102,000.00]
= PHP 3,094,000.00

18. In the case of the late Arnulfo B. Abejar, there is no

documentary evidence to prove his lost earnings. However, as
provided for by the above-mentioned jurisprudence, the
Supreme Court stated that:

“Regarding the award of lost earnings, the general rule is

that there must be documentary proof to support
indemnity for loss of earning capacity. Admittedly, there
are exceptions to this rule, viz.:

By way of exception, damages forloss of earning capacity

may be awarded despite the absence of documentary
evidence when (1) the deceased is self-employed earning
less than the minimum wage under the current labor
laws, and judicial notice may be taken of the fact that in
the deceased’s line of work no documentary evidence is
available; or (2) the deceased is employed as a daily wage
worker earning less than the minimum wage under
current labor laws.” (emphasis in underlined bold-faced
letter supplied)
 5

19. Applying the above-mentioned formula to determine the lost

earnings of the late Arnulfo B. Abejar:

Lost Earnings = [2/3 x 80 – age] x [Gross Annual Income –

Necessary Expenses equivalent to 50% of the
Gross Annual Income]

Age = 49 years
Gross Annual Income = PHP 6,500 x 12
= PHP 78,000.00
Necessary Expenses = PHP 78,000.00 x 50%
= PHP 39,000.00

Lost Earnings = [2/3 x 80 – 49] x [PHP 78,000.00 – PHP 39,000.00]

= [4.33] x PHP 39,000.00]
= PHP 169,000.00

20. Hence, Defendants should jointly and severally pay the Lost
Earnings of PHP 3,094,000.00 and PHP 169,000.00 in favor of
Plaintiff Annabelle B. Posecion and Plaintiff Leslie M. Abejar,
respectively;

21. By reason of the acts of Defendants, Plaintiffs suffered sleepless

nights, mental torture, and other forms of moral damages, and
such defendants should be ordered to pay jointly and severally
moral damages amounting to PHP 50,000.00 for Plaintiff
Annabelle B. Posecion and PHP 50,000.00 for Plaintiff Leslie M.
Abejar;

22. The malicious and illegal acts of the Defendants constitute

wanton disregard of the rights of the Plaintiffs and Defendants
should be jointly and severally liable for exemplary damages
amounting to PHP 50,000.00 for Plaintiff Annabelle B. Posecion
and PHP 50,000.00 for Plaintiff Leslie M. Abejar, to teach
defendants a lesson and those who are similarly inclined to
commit such blatant violation of the rights of others similarly
situated as the plaintiff; and

23. To protect her rights and vindicate the damage they have
caused, Plaintiffs were compelled to hire the services of counsel
for which the Defendants should be made jointly and severally
liable for attorney’s fees and litigation expenses amounting to
PHP 100,000.00 each for the two (2) Plaintiffs.
 6

PRAYER
WHEREFORE, premises considered, and in view of the foregoing, it
is most respectfully prayed of this Honorable Court, that the Complaint
filed by the Plaintiffs against the Defendants after due notice and hearing,
be determined by this Honorable Court in favor of the Plaintiff for being
meritorious and Defendants Alfredo D. Besana, Jr. and Aaron B. Acevedo,
Jr. be ordered to pay jointly and severally the following:

For Plaintiff Anabelle B. Posecion: (PHP 3,468,480.00)

1. Actual Damages of PHP 124,480.00;

2. Lost Earning of PHP 3,094,000.00;
3. Moral Damages of PHP 50,000.00;
4. Exemplary Damages of PHP 50,000.00;
5. Attorney’s Fees of PHP 50,000.00 and PHP 5,000.00 Appearance
Fee for every hearing; and
6. Litigation and incidental expenses in the amount of P100,000.00;

For Plaintiff Leslie M. Abejar: (PHP 449,918.00)

1. Actual Damages of PHP 30,918.00;

2. Net Earning Capacity of PHP 169,000.00;
3. Moral Damages of PHP 50,000.00;
4. Exemplary Damages of PHP 50,000.00;
5. Attorney’s Fees of PHP 50,000.00 and PHP 5,000.00 Appearance
Fee for every hearing; and
6. Litigation and incidental expenses in the amount of P100,000.00;

Other reliefs just and equitable under the premises are also prayed
for.

Iloilo City, ________________.

 7

ATTY. JOSE MARIE V. LAMPARERO

Counsel for the Plaintiff
Door 1, Mezzanine Floor, Daclis Building
Bonifacio Drive, Iloilo City
PTR No. 6458620/I.C./01/14/19
IBP No. 072702/I.C./01/10/19
Roll No. 53108
MCLE Compliance No. V-0025844
(MCLE 6th Compliance On Process)
Valid until April 14, 2019
eMail: atty_joema@icloud.com
Mobile Nos. 09177020349 & 09399088337
Office Tel. No. (033) 5033605

VERIFICATION/CERTIFICATION
We, Anabelle B. Posesion, of legal age, married, Filipino, and a
resident of Purok Dalino-an, Brgy. Pa-on, Estancia, Iloilo and Leslie M.
Abejar, of legal age, widow, Filipino, and a resident of Purok 4, Brgy.
Bulaqueña, Estancia, Iloilo, after having been duly sworn do hereby depose
and say:

1. That we are the Plaintiffs in the above-captioned case;

2. That we have caused this Complaint to be prepared; have read and

understood the contents thereof and the same are true and correct to the
best of my personal knowledge or based on some authentic documents and
records;

3. And we further state, that, except the Criminal Case No. 4096-B
(People of the Philippines vs. Aaron Acevedo, Jr.) for: Reckless Imprudence
Resulting to Double Homicide pending with the 1 st MCTC of Balasan-
Carles, Municipality of Balasan, Province of Iloilo, we have not commenced
any other action or proceeding involving the same issues in the Supreme
Court, the Court of Appeals, or any other tribunal or agency and to the best
of our knowledge and belief, no other action or proceeding is pending in
the Supreme Court, the Court of Appeals, or any other tribunal or agency,
and that if there is any such other action or proceeding which is either
pending or may have been terminated, we understood that we must state
the status thereof; and if should , we thereafter learn that a similar action or
 8

proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, we will undertake to
report that fact within five (5) days therefrom, to this Honorable Court
wherein the original pleading and sworn certification contemplated herein
have been filed.

ANABELLE B. POSESION
Affiant
ID: ______________
ID No. ___________
Expiry: __________

LESLIE M. ABEJAR
Affiant
ID: ______________
ID No. ___________
Expiry: __________

REPUBLIC OF THE PHILIPPINES)

CITY OF ILOILO ) Sc.
x--------------------------x

Subscribed and sworn to before me this ________________ in the City

of Iloilo, Affiants exhibited to me their competent pieces of evidence of
identity, with its particulars appearing below their names and signatures.

Doc. No. ________

Page No. ________
Book No. _______
Series of 2019