Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch ___
Davao City

Fe Tuadles, Plaintiff, CIVIL CASE No. _______________

- versus – FOR: Damages for death, Loss of earning

capacity, Moral damages and Attorney’s Fees.

Aurelio Laxa, Bonifacio Cruz,

ULTRA Speed Machine Shop and
A’s Metal Products, Aurelio Lara,
Defendants.
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COMPLAINT

COMES NOW, plaintiff, Fe Tuadles, by counsel, and unto this Honorable Court, most
respectfully avers THAT:

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 A’s 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 A’s 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.

6. Both parties have capacity to sue and to be sued.

 7. Plaintiff herein is the wife of victim of the vehicular accident, Romeo Tuadles who is the sole
bread winner of the family.

8. Defendant Bonifacio Cruz, is the registered owner of a Cimarron Jeepney, and particularly
described as follows:

Make and Type: Cimarron Jeepney

Plate No.: LXX-349

9. Defendant ULTRA Speed Machine Shop and A’s 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 A’s Metal Products.

11. On December 29, 2010, Bonifacio Cruz brought his vehicle to ULTRA Speed Machine Shop and
A’s 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 A’s 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

WHEREFORE, the above premises considered, it is respectfully prayed of this Honorable Court
after hearing on the merits, that:

a. Defendants be ordered to pay for damages for death in the amount of FIVE HUNDRED
THROUSAND PESOS.

b. Defendants be ordered to pay moral damages in the amount of FIVE HUNDRED

THOUSAND PESOS (Php 500,000.00);

c. Defendants be ordered to pay attorney’s fees in an amount equivalent to TWENTY FIVE

PERCENT (25%) of the total amount to be adjudged in favor of plaintiffs;

d. Defendants be ordered to pay the costs of this suit.

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

For the Plaintiff

By

ATTY. LOREVILL PINOON

ACOP Law Firm, Suite 704, Landco Bldg.,
Bajada Street, Davao City
PTR No. 1247838 1-20-2012 Davao City
IBP No. 911117 1-21-2012 Davao City
Roll No. 89994
MCLE Ex. No. 111-000748 1-13-2012
For 3rd compliance

ATTY. NIZZA OMELDA (Kamo na bahala sa inyong info.. kapoi isip.)

ATTY. JOSEPHUS CABUGSA
ATTY. JP LEO ASONG
Republic of the Philippines )
Davao City )s.s
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VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING

I Fe Tuadles, Filipino, of legal age, married and a resident of residing at 32E Jacinto St., Davao
City, after having been duly sworn to in accordance with law depose and say, THAT:

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.

IN WITNESS WHEREOF, I have hereunto set my hand this 23 rd day of January, 2012 at Davao
City, Philippines.

SUBSCRIBED AND SWORN to before me this 23rd day of January, 2012, by Fe Tuadles, who
exhibited to me her Voter’s ID No. 12345 issued at Davao City, Philippines on May 12, 2005.

WITNESS MY HAND AND SEAL.

Doc. No. 0012;

Page No. 003;
Book No. 001;
Series of 2012.
 ACKNOWLEDGEMENT

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.

Done this 29th day of December, 2010.

Aurelio Lara
Owner and Manager
Ultra Speed Machine Shop
and A’s Metal Products