Republic of the Philippines

Regional Trial Court

Branch VII, Cebu City


ARTEMIO TIGUM
Plaintiff,

-versus- Civil Case No. 0976
For: DAMAGES


GREGORIO DIAGO and/or MARIO BARIO
Defendant.


X________________________________X


COMPLAINT

Plaintiff Artemio Tigum, by undersigned counsel and to this Honorable Court, respectfully alleges:


1. That Plaintiff is of legal age, married and resides at 234-A Balagtas st., Pahina Central, Cebu City.


2. That Defendant Gregorio Diago is of legal age, engaged in the business of freight carrying,
owning and driving a black Elf truck with plate number ABC765, and resides at Tabunok, Talisay
City while the other defendant Mario Bario is the driver and owner of the Public Utility Jeepney
bearing the plate number AGH869 with residence at Tres de Abril, Labangon, Cebu City.


3. That for a cause of action against the defendant, it is hereby stated that the mishap happened on
March 1, 2013, around seven thirty oclock in the morning, while Artemio Tigum was crossing
Leon Kilat Street on his way to the University of Cebu

4. While plaintiff was crossing Leon Kilat Street, a black Elf truck owned and driven by Artemio
Tigum with plate number ABC765 suddenly collided with the jeepney AGH869 driven and
owned by Mario Bario. As a result of which, the jeepney skidded towards the plaintiff hitting him.


5. That because of the collision plaintiff sustained injuries and fractured limbs. (Please refer to
Annexes A, B, C and D)


6. Plaintiff and his wife were not able to work, thus were also not able to receive their day-to-day
salary. (please refer to Annex E)

7. That because of the fractured limbs and injuries sustained, plaintiff was forced to seek medical
assistance. Plaintiff underwent several tests and treatments including having procured the help of
a neurologist. The medical bills amounted to P305, 000. 00. ( please refer to Annexes A, B, C and
D)


8. That plaintiff went to the defendant, Artemio Tigum to ask for assistance in paying the medical
bills to no avail. Plaintiff was instead referred to the other defendant, Mario Bario but his request
was also not heeded. Artemio Tigum reasoned out that a criminal case is still pending and thus,
there is no determination as to who should be liable.


9. That due to defendants refusal, we have no other recourse but to mortgage our house and lot for
the amount of P250, 000. 00 in order to pay for our medical bills and other expenses.

10. In order to vindicate his rights, the plaintiff was compelled to litigate, and for the purpose,
engaged the services of the undersigned law firm for a fee of P10, 000.00 for which the
defendants should be liable, including the cost of suit.


PRAYER

WHEREFORE, premises considered, it is respectfully prayed that judgment be rendered in favour
of the plaintiff and against the defendant, ordering the latter to pay the following sums:


1. P305,000.00 as actual damages;


2. Ordering defendants to pay plaintiff the amount of P10, 000.00 for and as Attorneys as well
as the costs of suit.


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



(Date, place and signature)