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ry ATENEO DE MANILA UNIVERSITY
ATENEO LEGAL SERVICES CENTER
CLIENT TNFORMATION FORM

Petsa ng Panayam/Inlerview APtIL3|Lral

Pangalan ng Kliycnte: 5@MAR LAZARO iDvrNcurL^ Edad: 5G,

Pagkamamamayan: f lLt Ptr.to Kasarim: Efi itF Civil Status: a(asal tiDi Kasal
Kung kasal, ano ang pangalan ng asawa?: MARISSA AOvtNC,1L{.
Tirahan: 2F74 MANgaJAs 9r.2 rAlAr,lhln , ?Astb c tly TeL No. q LJ
Lugar lanng saan nagtatrabaho: llAu*ntAlr.J , Fl6tg, ati 1"1 11o.

Iba pang contact number:

YDI{AE (agyn ng check ang lugar latng saai baympa o isinqmpq otg kaw)
U&*",i DMandaluyong lQu€zon City trIba pa _
( oR..a't)
NATURE ON CLSE (agnn ng check ang ui ng Lasong isasampa o isirurmpa)
v(i,;t L Cnmrnal n Labor !lba
URI NG TUIONG NA HINIHINGI
{ltbogdongk^k^rawm sa inyo sa harry ng korte pa:a sa isang kaso lPayo o Konsultang Legal
gfulong sa paggawa ng mga dokurnenlong legal
il Iba pa

INDIGENCY
Karaniwang trabaho o onpleyo (mangyaring ilagay din po mg uri ng habaho: employado, self-employdregular,
cusuat
probation arv, etc.):

J@?rlzy OPt't€P
Iba pang pinagkukunar ng $stento o hmap-buhay u[?tuK +?on,r SO \
Karaniwang buwanang sweldo: A PPro,.trrATELy ?l'looo
Ilan ang mga arak, kug man?: 3
mayroon Ilang anak ang nag-aaral pa?: -
1lang anak ang nagtatrabaho na? L (alzr1. On Ly oNs st2hJ rtflra
t)l4 )
Saan nag-aaral o nagtatrabaho ang mga anak? REb7-r!{ CrFtu&.rnor{ - AS * ,u?@w 91.*€
Kung nagbibigay ng tulong o $stento mg mga mak, magkano mg naibibigay ng mga
ito?
? t,@o l(i*(
Iba perg palaledam ng kalagayang pinaNyal (nagmffilay-ari o umrrya ng bahay, halsga ng upa, uri ng sasskyan ng pamilya,

kahmayan o ig indigency mula sa DSWD of sa pmrahalamg lokal, etc.)

I

JoI;r4at L.?Ato /.qr t .lcu r'r

Pamagst ng kaso: v|gr"v.4r )N)Dg ( ,r") ? UozlYio o Case No. c,J.CA(t r(D .
^o€l',ol tt -@4?+ cv
Mayrcon na bang abogadong kumakatawan 3a iyo? tlOo {r o,

Ano Da rng kalrgfyen ng keerndurn nbyo ng iyog ebogedo?

lKasalukuvang tilnrlungan ako ng atrogado DNatapos na mg kasrnduan ng pagtrlong ng abogado

Kung nrtrpos nao rng dahila ng pagtrlepor ng inyong kasunduan?

Kung patuk y pa ka*rnduen, ano ang dahilan ng prglapit ninyo sa AI-SC?

qaN ?h ro Nfu of rtltg",nf
"u€
at contrct numbcr ng rbogado:
Pangalan,lugar opbinr,

Ano ang iyong pa biparyon sa karc? D uagsasampa/nagrereklu.o A6rhrh"f U,havsakdal r-Jiba pa

Pangalan rt no. ng katungga[: A9,Rr,(nl JAC,g

no. ng abogado ng katunggati: l?0 -
r/!A(A1-l
Pangalan at
PINAYUHAN G LIJMAPIT SA ALSC faVNG: 7 oa @r4rzf

\LSC.\C'[IO\
T'rJY ARCAI'IA Date: p??lL 3, 2oL9
Inteniewed b1-':

Recommendati<m/Rma,*s; (attach Case Summary Repott)

-HI /ar/. lllAl0

INTO D THIS LINE BE TBY D

*/ lppti"^t r, *optol Date accepted

.'hlL
ll Apptication doried Date denied

Reasons for

assig""d- Tel no
Supervising lawyer

Acmmplished bY
 & ATENEO DE MANILA UNIVERSITY
ATENEOLEGALSE RVICESCENTER
CASE SUMMARY REPORT
Name of INTER\TIEWER: Colene Arcaina
Name of APPLICANT INTERVIEWEE: Ioemar Advincula
Date: April 3,201.8 Time: 10

FACTS

l J::T."1 At"ryula is a jeepney driver whose daily route passes through areas of
Marikina. In 1,8, 2017, at arourd 9:30am, Joemar was driving lowards the
_February
Manggahan Bridge where he hit Adrian Jacob, a passenger arighting"from another
jeepney in front of Joema/s. As a resuJt, Adrian's lefi knee was fractureJ.
]oemar drove
Adrian to Amang Rodriguez hospital for first-aid treatrnent but was transferred to
ospital ng Makati. wh e st r at the hospital, Adrian came up with a certain
Kosulntaty'Kasundrun where he waives his right to fire any case against
]oemar if the
latter shoulders the forme/s expenses for further medical treatm"it *",
agreed and
signed the document However, they revised the said agreement before
the Giuadalupe
Nuevg barangay officials at the insistence of Adrian's grandfather. The piece
of paper
containing the old agreement was thrown away by thelacobs and the ."*
ugreJ-".t
befgre the barangay merery obriges Joemar tL sirourder Adrian,s medicar ""*p"rr"",
without the latter waiving his right to file the charges.

f.eUrlrarl to August 2077, loernar, his wife Marissa, and

$o1
R:9".":b Agad, the registered.owner of the jeepney, shourdered theJoemar,s operator,
medicar uip"*",
of Adrian from
- x-ray fees, vitamins, prur..iption"-edicine, and other misce aneous
costs' Despite this, Adrian stilr filed u .o-pLit t for damages
against ]oemar and
Rudencio, based on Joema/s negrigence. This case is now
before MeTC Makati Branch
61 Rudencio.recenfly suffered from stroke and
. is currently hing represented by his
wife, Nencecita. The complaint, however, merely reads Rudencio,s
name .ra a co-
defendant, without his wife,s name.

The complaint and summons were received

by Joemar on February 77, 201g, but he
could not file an Answer absent a counser. The
defendants were advised by the court to
file a Motion to Admit Answer since the p".iod
;; fili.g an Answer has already passed.
LIST OF PR ESENTE D:
a 1. Photocopy of the Complaint filed by Adrian
Jacob (dated January 22,2O1g) with
the Annexes:
a A Certi fica tion fro m Land tion Office of the informa tion about
 i

the utility vehicle

- "B": Printed Copy of Clinical Abstract from Ospital ng Makati
- "C' - "C-2": TpageX-Ray Report Form
?. Summons issued by the MeTC Branch 61 (dated ]anuary 24, Z01g)
3. v-arious receipts for expenses (only for the month of June 2017; the receipts for
the rest of the months are kept by Adrian)
4. Agreement between Adrian and Joemar before the barangay signed by the
l 5.
barangay treasure and the two parties (copy with Joemar)
Certified rrue Copy of the Barangay's documenhtioo oi thu monthly check-ups
of Adrian

ISSUE
: Whether ]oemar Advincula and Rudencio Agad are liable for damages

RECOMM ENDATION
We recommmd to ACCEpT the case based on the following grounds:
1. Indigency - Joemar failed to give a Certificate of Inldigency. However, his daily
wage is estimated at p500 from driving the jeepney. His wife does
not work, and
between the two ch dren home with tt o"ty one of them helps out with the
expenses at home. Their son contributes "-,
p1,000 every week from iis
income as a
suPpol staff at Regent Corporation. They are currently renting out their living
space for P3,000 per month and are still indebt for all the coss
sleiled out for the
a monthly treatment of Jacob.
2' Urgency- foemar needs to file his Motion to Admit Answer immediately for
having failed to fire his Answer on time. No deadline was given
by the lourt
when the defendants were advised to f e the Motion.
Nonetieress, tr," pruirriin
could file a Motion to Declare in Default against the defendants.
3' Ne access to representation - Defendan"ts explain that they cannot
private counsel. At the afford a
they clarify that the public atto-uy;, oC."
: T-"j-"
already represents Adrian. Thus, they were denied representation from said
office.
4. Merit
: a. Stron defense for a licant - oemay's case must prosper
after havin g paid
all the medical exp enses for the treatrnent of Adrian.
Des pite the insistence of
Adrian to keep all the recei pts for the expenses evidencin
does not disprove the fact that tlre defendants
Thuq the defendants, act of paym ent effectively
g payment, the same
have already paid the claims
extinguishes Adrian,s claims.
y,##
Further, Adrian is c urrently fully healed from his
monthly thera py. Despite
this, he claims costs foras that never ha (under paragraph 12
of Complaint). lr,)
b. Contri buti to ation of tice - ttre sooner Joemar is represented,
the sooner that the court,s docket will be relieved
of this case.
q fnhl
c. Interestin case to test trial remed res
- while this is a case with srm le facts, it
 is complex enough to be a good test case for a few trial remedies available to
: the defendants.

For one, it is interesting to note that the court is lenient enough to advise the
defendants to file Motion to Admit Answer given that a month has already
passed since the deadline for their Answer.

: Further, it is also noted that one of the defendants is incapacitated due to an

illness but is without a representative impleaded in the case. A separate fic /f
Motion may be filed for asking the court to implead the spouse of such /1*3
defendant to allow him to file his Answer.

i Iastly, the rest of the receipts evidencing payment by the defendants are
being kept by the plaintiff. A subpoena, or a mode of dirovery may be
availed of the defendants to secure such of evidence.

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