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Republic of the Philippines National Capital Capital Judicial Region Region REGIONAL TRIAL COURT Branch 1, Quezon City
PEDRO BUHAY , Plaintiff,
-versus
Civil Case: 123456 For: Damages
JUANCHO MAHUSAY, Defendant. .x-------------------------------x
TRIAL MEMORANDUM For the Plaintiff Plaintiff PEDRO BUHAY, BUHAY, through the undersigned undersigned counsel, counsel, unto this Honorable Court, most respectfully submits this Memorandum and states THAT: STATEMENT OF FACTS:
In order that this Honorable court may be enlightend and guided in the judicious disposition disposition of the above-entitled case, cited cited hereunder the material, material, relevant and pertinent facts of the case to wit: 1. Plaintiff is PEDRO BUHAY, is of legal age, single, and with postal and residence address at No. 12 Primera St., Anonas, Quezon City; 2. Defendant is JUANCHO MAHUSAY, is of legal age, married, and with postal and residence residence address address at No. 1 Yellow Yellow Bird Bird Street, Kamuning, Quezon City: 3. Plaintiff is the owner of the house located at No. 12 Primera St., Anonas, Quezon City and a Red Mazda 3 with plate number ABC 123;
4. Just before the incident, plaintiff was watching PBA games in their living room together with his twelve year old brother. Suddenly, they heard a loud crashing sound banging on their gate of their. Plaintiff went outside to see what caused the crashing sound. Plaintiff saw a blue car already inside their garage crashing on his Red Mazda 3 and damaging damaging also their gate. Plaintiff alleges alleges that on or about 11:00 PM of June 10, 2014, the Defendant Juancho
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Mahusay were driving his Blue Honda CRV with plate number WXY-789 along Primera St., Anonas, Quezon City; 5. Plaintiff alleges that due to reckless and fast driving, the Defendant loses control of his vehicle and hit the gate of the Plaintiff’s garage damaging my Red Mazda 3 with plate number ABC-123 ; 6. Plaintiff immediately called the Quezon City Police StationAnonas Station for the spot report. Plaintiff also took pictures of the incident on his cellular phone; 7. Right after the incident, the Defendant was brought to the Police station and subjected to an alcohol test. It was proven that the Defendant was drunk during the incident and medical record issued by the PNP Crime Laboratory will prove such fact; 8. At the police station, the Defendant admits that he was the driver and owner of car that caused damage to Plaintiff’s gate and Red Mazda car parked inside their garage; 9. Plaintiff and Defendant agreed that the latter is willing to pay the damages caused by the incident; it was also agreed upon by both parties that the Plaintiff will give the defendant copy of the estimate cost of the damage of the car and the gate after two days; 10. Plaintiff furnished the defendant the estimated cost of car repair and the cost of installation of Plaintiff’s gate with the amount of One Hundred Seventy Seven Thousand Pesos and Thirty Two thousand pesos respectively; the Defendant agreed that he will pay such amount on June 15, 2014 ;
11. Defendant failed to pay on June 15, 2014 despite the constant reminder and calls from the Plaintiff; 12. A demand letter was sent to the Defendant on June 21, 2014 and was received personally by the Defendant on the same date; However despite of the demand letter sent and received by the defendant, he still failed to settle his obligation; 13. According to the plaintiff, Defendants should be taught a lesson entitling plaintiff exemplary damages in the amount of Fifty Thousand Pesos (P 50,000.00); 14. Plaintiff was constrained to secure the services of the undersigned counsel for an engagement fee and appearance fee.
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STATEMENT OF ISSUE
Whether or not the Defendant is liable to pay the actual damages, exemplary damages and cost of suit.
ARGUMENTS Plaintiff, arguments:
by
counsel,
respectfully
presents
the
following
That Mr. Juancho Mahusay should be held liable for actual damages, he was negligent in driving and was proven to be drunk during the incident, thus causing the accident; That Mr. Juancho Mahusay should be taught a lesson thus be held liable for exemplary damages; That Mr Juancho Mahusay should be held liable to pay the cost of suit since the plaintiff was only constraint to file such suit because of the former’s failure to settle his obligation .
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that, after hearing, judgment be rendered ordering the defendant: 1. To pay actual damages in the amount of Two Hundred Nine Thousand Pesos ( P 209,000.00); 2. To pay the amount of Fifty Thousand Pesos (P 50,000.00) by way of exemplary damages; 3. To pay the amount of Attorney’s fees of Fifty Thousand Pesos (P 50,000.00) and Three Thousand Five Hundred Pesos (P 3,500.00) per appearance; 4. To pay the plaintiff the cost of the suit. Other relief, just and equitable under the premises are likewise prayed for. RESPECTFULLY SUBMITTED.
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July 25, 2014, QUEZON CITY.
Arevalo Cusain Fontanilla Montemayor Talampas and Associates Counsel for the Plaintiff NEU COL Bldg., Central Ave. Diliman, Quezon City Telephone Numbers: 811-9910 to 15
For the Firm: JOSE CARLOS MONTEMAYOR Roll of Attorney: 678932 IBP No. 823415; 01-06-2014; Q. C. PTR No. 6234563; 01-03-2014; Q.C. MCLE Compliance No.143214 2/15/2014
VERIFICATION/CERTIFICATION OF FORUM SHOPPING
Republic of the Philippines ) Quezon City ) S.S. I, PEDRO BUHAY, of legal age, Filipino citizen, single and resident of NO. 12 Primera St., Anonas, Quezon City, after having been duly sworn to in accordance with law do hereby depose and say: That I am the plaintiff in the above-entitled case; That I have caused the preparation of the foregoing complaint and have read the allegations contained therein; The allegations in the said complaint are true and correct of my own knowledge and authentic records; I hereby certify that I have not commenced any other action or proceeding involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; That if I should learn thereafter that a similar action or proceeding has been filed or is pending, I hereby undertake to report that fact within five (5)
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days therefrom to the court or agency where the original pleading and sworn certification contemplated herein have been filed. IN WITNESS WHEREOF, I have hereunto affixed my signature this 24 day of July 2014, in Quezon City. th
PEDRO BUHAY Affiant SUBSCRIBED AND SWORN to before me this 24th day of July, 2014, in Quezon City, affiant exhibiting to me his Driver’s License No. 12345 issued by the Land Transportation Office on April 8, 2014 at Quezon City. NOTARY PUBLIC Doc. No. Page No. Book No. Series of 2014.
