REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7TH JUDICIAL REGION
BRANCH 7, CEBU CITY

ANGELIN A. JOLIE,
Plaintiff,

-versus- CIVIL CASE NO. CM455L

FOR: DAMAGES AND
ATTORNEYS FEES
BRADD PITT AND ABC
BOTTLERS INC.,
Defendants.
x--------------------------------------x

COMPLAINT

COMES NOW the plaintiffs, by their undersigned counsel, and unto

this Honorable Court, respectfully alleges:

1. That plaintiff Angelin A. Jolie (Jolie) is of legal age, married and a

resident of One Oasis Condominium,Kasambagan, Cebu City.

2. That defendant ABC Bottlers is a corporation duly organized

under Philippine law, engaged in the business distribution of soft
drink products, with principal office at J. Solon Drive Lahug Cebu
City while the other defendant Bradd A. Pitt ( Pitt) is the driver of
the corporation's delivery truck, and both may be served with
summons at said address;

3. That for cause of action against the defendants, it is hereby stated

that on January 13, 2017, at about eleven o'clock in the evening
while driver Pitt was driving the company's delivery truck, bearing
plate No. BCD 112 along J. Solon Drive, within the territorial
jurisdiction of Cebu City, he so negligently and recklessly drove
the delivery truck at a very fast speed in disregard of traffic
conditions then existing that he caused it to bump with terrific
force a silver Toyota Vios, bearing plate No. EFG 321, driven by
herein plaintiff Jolie.

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4. That because of the terrific impact, the said Toyota Vios was
considerably damaged not only in the rear portion but also in front
or radiator portion, having been pushed several meters forward
against other vehicles in front due to said strong impact;

5. That because of the gross negligence of driver Pitt an employee of

defendant ABC Corp and the plaintiff was thrown off balance,
causing her to bump her head and face against the front windshield
of the car she was driving, and causing contusions and bruises on
his face, left arm and left shoulder.

6. That by reason thereof, the plaintiff Jolie suffered not only physical
injuries for which she was medically treated but also mental
anguish, fright, serious anxiety and moral shock;

7. That plaintiff Jolie had suffered actual damages for X-rays and
medical assistance in a sum of Php 50,000 and moral damages in a
sum of Php 50,000.00;

8. That plaintiffs Toyota Vios was badly damaged and will require
substantial repairs estimated to be in the amount of Php135,000.00.

9. That plaintiff Jolie, by reason of having been deprived of the use of

his own car during the period of the repairs, estimated to be two (2)
months, will be forced to rent a car in going to and from his office
in Asia Town Lahug, Cebu City at the rate of not less than One
thousand Pesos (Php 1,000.00 ) a day, or an estimated actual
damage of Sixty Thousand Pesos (Php 80,000.00) for the duration
of the repairs;

10.That prior to the filing of this complaint, the plaintiffs through

counsel, had written to defendant ABC Corporation that as
employer of the defendant Pitt, it is its legal obligation under the
law to make good at least the actual damages suffered by the
plaintiffs, but said employer ignored plaintiff's request for an
extrajudicial settlement, such that the plaintiffs were compelled to
go to court for redress of their grievances;

11.That in being compelled to litigate, plaintiffs were obliged to

engage the services of a lawyer who is entitled to attorney's fees in
an amount of Forty Thousand Pesos (Php40,000.00);

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 PRAYER

WHEREFORE, plaintiffs through undersigned counsel, pray this

Honorable Court, after due hearing, to adjudge defendants ABC Corporation
and Pitt, jointly and severally, to pay the following:

(1) Actual damages of Php 265,000.

(2) Moral damages of Php 50,000.00

(3) Attorney's fees of Php 40,000.00

OR total damages in the sum of Php 355,000.00, with legal interest

from the date of filing this suit, plus costs of the suit, and such other
remedies as may be just and equitable in the premises.

All other just and equitable reliefs are also prayed for.

Cebu City, Cebu, January 15, 2017.

Atty. Ma. Karla B. Siao

Counsel for Plaintiff
IBP No. 392049, Lifetime
Roll of Attorney No. 29380101
MCLE Compliance V No. 3930202, June 13, 2016
Suite 3 Axis Building Escario
Cebu City, 6000

VERIFICATION AND CERTIFICATION AGAINST

NON-FORUM SHOPPING

I, Angelin A. Jolie, of legal age, Filipino, single and a resident of One

Oasis Condominium Kasambagan, Cebu City, Philippines, after having been
duly sworn to in accordance with law, hereby, depose and say:

1. That I am the Complainant in the above-entitled case and have

caused this Action for Damages to be prepared; that I read and
understood its contents which are true and correct of my own
personal knowledge and/or based on authentic records;

2. That I have not commenced any action or proceeding involving the

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 same issue in the Supreme Court, the Court of Appeals or any other
tribunal or agency; that 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, and that, if I should learn thereafter that
a similar action or proceeding has been filed or is pending before
these courts or tribunal or agency, I undertake to report that fact to the
Court within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 15th

day of January, 2017.

Angelin A. Jolie
Affiant

SUBSCRIBED AND SWORN to before me this 15th day of January,

2017, affiant exhibiting before me her identification:

Angelin A. Jolie SSS No. 123456 Issued on October 15, 2014

Atty. Piolo Pascual

NOTARY PUBLIC
Within the Territorial Jurisdiction of
RTC Cebu City, Carcar and San Fernando
Notarial Registry No. 192893, December 31, 2017
PTR No. 29285, January 15, 2017
Roll of Attorney No. 2938010
IBP No. 392049, Lifetime
MCLE Compliance V No. 3930209, June 13, 2016
XYZ Building Escario
Cebu City, 6000

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 20____.

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Copy furnished by registered mail to:

ATTY. JENNIFER ANISTON

Unit 4 & 5, FRIENDS Bldg.,
Brgy. Labangon, Cebu City.
RR. No. 123456
January 15, 2017

EXPLANATION

In compliance with Section 11, Rule 13 of the Rules of Court, this

COMPLAINT was served to other parties by registered mail due to lack of
manpower in lieu of personal service.

MA. KARLA BAUTISTA-SIAO