Republic of the Philippines

REGIONAL TRIAL COURT

Judicial Region
Branch ___ Legaspi City
Corazon
Plaintiff,

CIVIL CASE No. _______________

versus

FOR: Damages for desecration of

dead body, moral damages and
attorneys fee

Pedro
Defendant
x- - - - - - - - - - - - - - - - - - - - - - - x

COMPLAINT
COMES NOW Plaintiff, by counsel and to this Honorable Court,
respectfully states that:
1. Plaintiff Corazon is of legal age, Filipino, married, and a resident of
Pototan, Legaspi City, Philippines For purposes of this action, plaintiff
may be served with all orders, notices, and other processes of this
Honorable Court through the office address of the undersigned counsel
indicated below;
2. Defendant Pedro, of legal age, Filipino, single, and may be served with
summons and other processes of this Honorable Court at his last
known address at Kamyas, Legaspi City, Philippines;
3. Sometime on January 15, 2015, Plaintiffs daughter, Maria died due to
severe pneumonia.
4. She has been interred on January 20, 2015.

5. On January 25, 2015, herein defendant, who is the caretaker of the

cemetery Malapuyot, exhumed the body of Maria and had a brutal
sexual intercourse with the body.
6. Hence, this suit instituted by the Plaintiff as provided for under Article
309 of the New Civil Code,
Any person who shows disrespect to the dead, or wrongfully interferes
with a funeral shall be liable to the family of the deceased for
damages, material and moral.
7. A true and faithful photographs shot while defendant was having
sexual intercourse with the corpse are attached hereto as annex A;
8. 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 _____________ (______%) percent of the total
amount due from Defendant to Plaintiff.
PRAYER
WHEREFORE, after due notice and hearing, Plaintiff respectfully prays
that judgment be rendered against the Defendant as follows:
1. Ordering the Defendant to pay Plaintiff the sums of:
a. _____________ (_____%) percent of the total amount due as
material and moral damages;
b. _____________ (_____%) percent of the total amount due as
Attorney's

Fees

plus

Appearance

Fee

P__________ per court hearing / conference;

at

the

rate

of

d. The costs of suit.

2. Plaintiff respectfully prays for such other reliefs as may be just and
equitable in the premises.
Date _____________, Philippines, __Date__.

(COUNSEL)
VERIFICATION AND CERTIFICATION
REPUBLIC OF THE PHILIPPINES)
Province of Sorsogon) S.S.
City of Legaspi)
x-----------------------x
I, Corazon, of legal age, Filipino, married, and a resident of Pototan,
Legaspi City, Philippines, after being sworn in accordance with law, hereby
depose and say:
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.
That I further certify that: (a) I have not theretofore commenced any
other action or proceeding or filed any claim involving the same issues or
matter in any court, tribunal, or quasi-judicial agency and, to the best of my
knowledge, no such action or proceeding is pending therein; (c) if I should
thereafter learn that the same or similar action or proceeding has been filed or
is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to report such fact within five (5)
days therefrom to the court or agency wherein the original pleading and sworn
certification contemplated herein have been filed.
IN WITNESS WHEREOF, I have hereunto
_____________ at _____________, Philippines.
AFFIANT

set my hand this

SUBSCRIBED AND SWORN to before me, this _____________, by

_____________ who exhibited to me her Taxpayer Identification No.
_____________ issued at _____________, Philippines on _____________.

NOTARY PUBLIC