Republic of the Philippines

REGIONAL TRIAL COURT

Fifth Judicial Region
Naga City

GIA LING and

MIA LING,
Plaintiffs,

CIVIL CASE NO. 145564

-versus- For: DAMAGES BASED ON
QUASI-DELICT

KEN DY
ABB LOGISTICS CO.,
Defendants
x-----------------------------------x

COMPLAINT FOR DAMAGES

Plaintiffs thru counsel, and unto this Honorable Court, respectfully manifest:
1. That plaintiff Gia Ling is of age, married, and resides at Blk 8 L 30, St. John Sub., Naga
City; while plaintiff Mia Ling is also of age, married, and resides at No. 45 Dayangdang
St., Naga City;
2. That defendant ABB Logistics Corp., is a corporation duly organized under Philippine
law, engaged in the business of losgistics with principal office at the No. 18,
Bagumbayan, Naga City; while the other defendant Ken Dy is the driver of the
corporation’s delivery truck, and both may be served with summons at said.
3. That for cause of action against the defendants, it is hereby stated that on or about
September 1, 2020, at about eight o’clock in the morning, while driver Ken Dy was
operating the company’s delivery truck, bearing plate number YMCA 123 along Mayon
Avenue, within the territorial jurisdiction of Naga City, he so negligently and recklessly
operated it at a fast speed in disregard of traffic conditions then existing that he causes it
to bump with terrific force against a Montero Sport model 2012 bearing plate number
ILY 143 in which plaintiffs were in;
4. That because of the terrific impact, the said Montero Sport was greatly damaged, not only
in the rear portion but also in its front or radiator portion, having been pushed several
meters forward against other vehicles in front due to said terrific impact;
5. That because of this negligence of driver Ken Dy, an employee of defendant ABB
Logistics Co., the plaintiffs were thrown off balance, causing them, especially plaintiff
Mia Ling to bump her head and face against the front windshield of the case she was in,
 and causing contusions and bruises on her face, left earlobe, and leg, as well as in other
parts of her body;
6. That by reason thereof, the plaintiff Mia Ling suffered not only physical injuries for
which she was medically treated but also mental anguish, serious anxiety, and moral
shock;
7. That plaintiff Mia Ling had suffered actual damages for X-rays and medical attendance,
etc., in the sum of SEVENTY THOUSAND PESOS (P70,000.00) and moral damages in
the sum of FIFTY THOUSAND PESOS (P50,000.00);
8. That plaintiff Gia Ling suffered physical injuries which did not require medical
attendance. However, the Montero Sport owned and driven by her was badly damaged
and will require substantial repairs estimated to be at THREE HUNDRED THOUSAND
PESOS (P3000,000.00);
9. That plaintiff Gia Ling, by reason of having been deprived of the use of her own car
during the period of repairs, estimated to be a month, will be forced to take public
vehicles going to and from her office in Mayon Avenue, Naga City at the rate of not less
than ONE HUNDRED FIFTY PESOS (P150.00) a day, or an estimated FOUR
THOUSAND FIVE HUNDRED PESOS (P4,500.00) for the duration of the repair;
10. That plaintiff Gia Ling, by reason of having been deprived of the use of her private car, is
missing important business contracts which will cause her loss of profits to the extent of
not less than ONE HUNDRED THOUSAND PESOS (P100,000.00) for the duration of
the repairs;
11. That prior to the filing of this complaint, the plaintiffs through counsel, had written to
defendant ABB Logistics Co. that as employee of the defendant driver, it is its legal duty
to make good at least the actual damages suffered by the plaintiffs, but said employer
ignored plaintiffs’ request for an extrajudicial settlement, such that the plaintiffs were
compelled to go to court for redress of their grievances;
12. That in being compelled to litigate, plaintiffs were obliged to hire the services of a lawyer
who is entitled to attorney’s fees in the amount of ONE HUNDRED THOUSAND
PESOS (P100,000.00);

WHEREFORE, IN VIEW OF THE FOREGOING, plaintiffs through counsel pray this

Honorable Court, after due hearing, to adjudge defendants ABB Logistics Co., and Ken Dy,
jointly and severally, to pay the following:

a. To Mia Ling:
1. Actual damages of SEVENTY THOUSAND PESOS (P70,000.00);
2. Moral damages of FIFTY THOUSAND PESOS (P50,000.00);
3. Attorney’s Fees of FIFTY THOUSAND PESOS (P50,000.00).

b. To Gia Ling:
 1. Actual damages of THREE HUNDRED THOUSAND PESOS
(P300,000.00)
2. Loss of profits of ONE HUNDRED THOUSAND PESOS (P100,000.00);
3. Attorney’s Fees of FIFTY THOUSAND PESOS (P50,000.00).

or total damages for both plaintiffs in the sum of SIX HUNDRED TWENTY THOUSAND
PESOS (P620,000.00), with legal interest from the date of filing this suit, plus costs of suit, and
such other remedies as may be just and equitable in the premises.

All other just and equitable reliefs are also prayed for.

Naga City, Philippines, this 25th of day September 2020.

MARK V. MABALOT
Counsel For Petitioners
No. 143 Sta Cruz, Naga City
IBP Lifetime No. 2080203; Naga City
PTR No. 2080203; July 14, 2021, Naga City
Roll of Attorney No. 2080203
MCLE Compliance No. 1111111
 

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

We, GIA LING AND MIA LING, both of legal age, do hereby state that: we are the
plaintiffs in the complaint entitled COMPLAINT FOR DAMAGES BASED ON QUASI-
DELICT and in such capacity, caused this complaint to be prepared; we have read its contents
and affirm that they are true and correct to the best of our own personal knowledge; we hereby
certify that there is no other case commenced or pending before any court involving the same
parties and the same issue and that, should we learn of such a case, we shall notify the court
within five (5) days from our notice.
 IN WITNESS WHEREOF, we have signed this instrument on September 25, 2020, Naga
City, Camarines Sur, Philippines.

GIA LING MIA LING

Affiant Affiant

SUBSCRIBED AND SWORN TO before me in the City of Naga on this 8 th day of

October 2020, affiants exhibiting before me their identification:
Gia Ling SSS No. 123456 Issued on July 21, 2014, Naga City
Mia Ling GSIS No. 654321 Issued on April 4, 2013, Naga City

ALEXIS JANET J. VALDEZ

NOTARY PUBLIC
Commission Expires on December 31, 2020
IBP Lifetime No.2080070; Naga City
PTR No. 2080070; April 14, 2014, Naga City
Roll of Attorney No. 2080070
MCLE Compliance No. 2222222

Doc. No. 2
Page No. 1
Book No. I
Series of 2020