You are on page 1of 2

Narration of Events

1. On October 23, 2018, Mr. Dominic Torreto, plaintiff in this


case, engaged the services of Mr. Brian
O’Connor, accused in this case, to repair his vehicle, a 2017
Toyota Hilux G, and brought with it a battery (AMARON GO
75D26L (2SMF)) worth P4,900.00.;
2. On October 24, 2018, Mr. Jonathan Mendoza, an employee of
the accused, immediately checked the defects in the engine of
said vehicle.;
3. Upon Mendoza's initial inspection, the clock spring of the
vehicle was defective causing the engine check lights on and
the airbag light flashing.;
4. Due to the unavailability of the part, the accused decided to
order said part from a supplier in Dubai which was expected to
arrive on December 15, 2018.;
5. After numerous follow-ups made by the plaintiff through
phone calls on various occasions, between November 15 to 26,
2018, there was no progress on the requested repair service.;
6. On December 2, 2018, Mendoza was repairing another vehicle,
a red Mitsubishi Pajero with plate number AAA123, owned by
Ms. Leonor Dalisay.;
7. Due to the unavailability of a spare battery, the accused
ordered Mendoza to use the battery of which the former got
from the vehicle of the plaintiff.;
8. The accused did not inform Mendoza that such battery was
from the vehicle of the plaintiff.;
9. Later, due to the load of work, Mendoza forgot where he
placed the battery and it was unknowingly brought by Dalisay
to their house.;
10. In the morning of December 3, 2018, Ms. Mia Torreto, sister of
the plaintiff and with the consent from the latter, instructed Ms.
Letty Ortiz to retrieve the vehicle from the O'Conner's Repair
Shop on the agreement that Ortiz will repair the vehicle instead
in her own auto shop.;
11. Ortiz was not able to get the subject vehicle since its battery
could not be found. She directly asked the accused with regard
the missing battery in which the latter replied that the battery
was used on another vehicle.;
12. Thereafter, accused promised to return the said battery later in
the afternoon of December 3, 2018.;
13. In the afternoon of that same day, Ortiz went back to the shop
and found out that the battery was still not returned. She
towed the vehicle to her shop.;
14. It was only on December 10, 2018 that Dalisay was able to
return the said battery to the O'Conner's Repair Shop.;
15. To date, the battery was still not returned to the plaintiff and in
the possession of the accused.

You might also like