Republic of the Philippines

National Capital Judicial Region

Metropolitan Trial Court
Branch____
City of Muntinlupa
MA. ANGELICA KRISTEL L. TANDOC,
Plaintiff,
- vs -

Civil Case No. ______

RODOLFO PAYUMO VEGAS,

Respondent.
x - - - - - - - - - - - - - - -- - - - - - - - - - - - - x
COMPLAINT
PLAINTIFF, by counsel, and to this Honorable Court, most respectfully aver:
1.) Plaintiff is of legal age, Filipino, single and with residence address at Block 52
Lot 9 Prime rose St., South Greenheights, Putatan, Muntinlupa City where
she may be served with summons and other court processes;
2.) Defendant is likewise of legal age and a resident of Lot 8 Block 2 Area J,
General Mariano Alvarez, Cavite where he may be served with summons and
other court processes;
3.) Defendant Rodolfo Payumo Vegas is the owner of a public utility Jeepney
with plate no. DJD-568 and plies the route of_______. Copy of the Cerificate
of Registration and Official Receipt is hereto collectively attached as Annex
A;
4.) Defendant is is being sued herein in his capacity as the registered owner of
the Jeepney with plate no. DJD-568, likewise as employer of the driver of said
vehicle and primarily, as joint tortfeasor under the provisions on Quasi-Delict
of the Civil Code;
5.) On or about 7:00 pm of May 11, 2005 along National Road fronting Hen Lin
Restaurant, Alabang, Muntinlupa while plaintiff was crossing said place of
incident., and in due regard of existing traffic rules and regulations, the
Jeepney with plate no. DJD-568 registered under defendants name, then
being driven in a reckless and wanton manner without due regard to traffic
conditions by Rolando Villanueva Butiong caused to bump plaintiff with such a
terrific impact causing the latter to go underneath said jeepney;
6.) As a result of the strong impact, plaintiff sustained injuries on her head,
fractured pelvic bones and bruises and abrasions on her limbs rendering her
incapacitated for __ months and preventing her from attending her classes;

7.) Both defendant Rodolfo Vegas Payumo and his driver Rolando Villanueva
Butiong failed and refused to pay the just claims of the plaintiff despite
repeated demands. Thus the plaintiff was forced to file a criminal case for
Reckless Imprudence Resulting In Physical Injuries against Rolando
Villanueva Butiong, the driver of the jeepney docketed as Criminal Case No.
______ before the _______ in Muntinlupa City. However, the accused driver
could not afford to pay the plaintiff and the proceedings thereon is still
continuing. Earnest efforts were undertaken by the plaintiff to have the matter
amicably settled but defendant refused to recognize plaintiffs just and valid
claims;
8.) Defendants negligence in the supervision and control over the driver of the
jeepney, ____ was the cause of the plaintiffs injury and damage that
rendered her ___ while defendant failed to provide skillful, competent and
safe driver for the said Jeepney;
9.) By reason of defendants contumacious act, plaintiff suffered serious anxiety
wounded feelings and mental pain resulting to several sleepless nights, for
which she should be compensated by the defendant solidarily, in the amount
of not less than P50,000 by way of moral damages;
10.)
The above-cited contumacious act of defendant, which was clearly
done in bad faith and with malice aforethought, should not be countenanced
by this Honorable Court. In order, therefore, to teach the defendant a lesson
to be circumspect, equitable and just in his actions, he should be made to pay
solidarily, the plaintiff the sum of not less than P50,000 as and by way of
Exemplary Damages;
11.)
Due to the injury caused to plaintiff for which the latter spent fifty-seven
thousand three hundred and ninety-two pesos and eleven centavos
(57,392.11) in medical expenses at the Ospital ng Muntinlupa and MCM
hospital that was likewise due to the financial inability of plaintiffs to raise said
amount;
12.)
As for the incapacity that lasted for __ months, plaintiff was thus
deprived and will continually be incapacitated to attend to school and help her
parents for an entire year;
13.)
Defendants must therefore be held jointly and severally liable in the
amount of Actual and Compensatory damages;
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this
Honorable Court that after due notice and hearing to render judgment in favor of
the plaintiff and against the defendants, ordering the defendants, jointly and
severally, to pay the plaintiff the following:

Moral Damages
Exemplary Damages
Actual Damages
Compensatory damages
Filing Fees
Cost of Suit

P
P
P
P
-

50,000.00
50,000.00
57,392.11
50,000.00

Plaintiff prays for such other and further reliefs and remedies that she may be
entitled under the law.
Muntinlupa City _________ __, 2005
Department of Justice
PUBLIC ATTORNEYS OFFICE
Muntinlupa District Office
Suite 205 & 206 Fresnedi Bldg.,
National Rd., Muntinlupa City
By:
MELITA PILAR P. BRIAS
Public Attorney I
Roll No. 50384
IBP No. 649904
PTR No. 4101518

VERIFICATION / CERTIFICATION
I, MA. ANGELICA KRISTEL L. TANDOC, Filipino, of legal age, single and with
residence at Block 52 Lot 9 Prime Rose St., South Greenheights, Putatan,
Muntinlupa City, after having been sworn in accordance with law, hereby state:
1.

I am the Plaintiff in the aforementioned case.

2.
I have caused the preparation of the foregoing Complaint, have read
the same, and the allegations therein are true and correct of my personal knowledge.
3.
I have not heretofore commenced any other action or proceeding
involving the same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency.
4.
To the best of my knowledge, no such action or proceeding is pending
in the Supreme Court, the Court of Appeals, or any other tribunal or agency.
5.
If I should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact, through counsel, within five (5)
days therefrom to the court or agency wherein the original pleading or sworn
certification contemplated herein has been filed.
MA. ANGELICA KRISTEL L. TANDOC
Affiant

SUBSCRIBED AND SWORN to before me, a Notary Public for and in

Muntinlupa City this __day of _________ 2005, affiant exhibiting to me her
Community Tax Certificate No. 02508489 issued on 02 November 2005 at
Muntinlupa City.
NOTARY
PUBLIC
Doc. No.___
Page No.___
Book No.___
Series of 2005