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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES


FIRST JUDICIAL REGION
BAGUIO CITY, BRANCH NO. ____

HEIRS OF DOMINGO SALAZAR


(REPRESENTED BY CELIA SALAZAR),
Plaintiff,
CIVIL CASE NO. 143
-Versus -

FOR DAMAGES

CARLOS CORTEZ,
Defendant,
x---------------------------------x

COMPLAINT

COMES NOW, plaintiff, CELIA SALAZAR, through the undersigned


Counsel, and unto this Honorable Court, most respectively avers THAT:
1. Plaintiff is a Filipino, of legal age, widow and a resident of Bakakeng
Central, Baguio City, where she may be served with the summons,
papers, and other process of this Honorable Court;
2. Defendant is a Filipino, of legal age, married and a resident of #333,
Bayan Park, Aurora Hill, Baguio City, where he may be served with
summons, papers and other process of this Honorable Court;
3. That the defendant is the registered owner of a Royal Blue Toyota
Fortuner with the plate no. FUB 036, a copy of the Certificate of
Registration is hereunto attached as ANNEX A and made an
integral part hereof;
4. That sometime on October 21, 2015 at about 4:00 AM the Defendant,
CARLOS CORTEZ, drove the Toyota Fortuner with Plate No. FUB
036 in a reckless and imprudent manner and at high speed along
Marcos Highway, Baguio City;

5. That after eating at Mamitas Eatery, Baguio City, the plaintiff,


proceeded to the pedestrian lane in front of the said restaurant and
tried to cross the hi-way;
6. That defendant, driving negligently, with evident lack of foresight and
skill, in a manner contrary to law and without regard to traffic rules
and regulations and apparent disregard to the safety of other motorists
and pedestrians, drove his Toyota Fortuner with Plate No. FUB 036 at
a high speed;
7. That due to the recklessness, lack of foresight and lack of skill of the
defendant while driving the Toyota Fortuner with Plate No. FUB 036
at a high speed, the defendant lost control causing the vehicle to
swerve to the opposite lane and into the sidewalk where it hit the
plaintiff;
8. That after hitting the plaintiff, GRACE U. RABANAL a cigarette
vendor in front of Mamitas restaurant, saw the defendant went outside
of his vehicle to seemingly check on the plaintiff but immediately
went back to his vehicle upon seeing people already closing in and
drove off in a hurry. The testimony of GRACE U. RABANAL is
hereby attached as ANNEX B;
9. That the plaintiff clearly saw and vividly remembers that the Toyota
Fortuner that hit her was bearing the FUB 036 as the road was well lit
during the incident, a copy of the police blotter is hereunto attached
and marked as ANNEX C and made an integral part hereof;
10. That due to the incident, the plaintiff sustained serious physical
injuries resulting to his death, a copy of the plaintiffs medical
certificate and death certificate is hereunto attached and marked as
ANNEX D and ANNEX E and made an integral part hereof;
11. That due to the seriousness of the injuries sustained by the plaintiff,
she was confined for a period of two (2) days at Baguio General
Hospital, Baguio City incurring a hospital bill amounting to One
Hundred Ninety Eight Pesos (198,000.00 php), a copy of the
plaintiffs hospital bill is hereunto attached and marked as ANNEX
F and made an integral part hereof;
12. As a result of the Plaintiffs death his heirs also suffered mental
anguish and sleepless nights and is therefore entitled to moral
damages amounting to not less than 50,000.00 php;
13. That the plaintiff was forced to engage the services of the
undersigned counsel to protect her right for fee of 20,000.00php;

14. That an order to teach defendant a lesson so as to observe traffic rules


and regulations and to serve as deterrent to others, defendant should
be adjudged to pay exemplary damages of not less than 30,000.00php.

WHEREFORE, after due notice and hearing, judgment be rendered


ordering the Defendant to pay the plaintiff:

198,000.00 php for her hospital expenses


50,000.00 php moral damages
20,000.00 php attorneys fees
30,000.00 php exemplary damages

Other reliefs and remedies as may be deemed just and equitable under the
premises are also prayed for.
City of Baguio, Febuary 13, 2016

ATTY. MAE ANN Y. BADUA


Notary Public

Notarial Commission No.331-2018


Roll No. 071015
PTR No.7313108, 1/3/18
IBP No. 785625, 1/2/18
MCLE Compliance No. IV- 0020999
BADUA-AGUILAR & Associates
Alviar Tower Building
Baguio City, Philippines

VERIFICATION/CERTIFICATION
I, CELIA SALAZAR, Filipino, of legal age, widow and a resident of
Bakakeng Central, Baguio City,, after having been duly sworn to an oath in
accordance with law, hereby depose and say;
1. That I am the Plaintiff in the above entitled case;
2. That the allegation therein was explained to me and the contents thereof
are true and correct of my own personal knowledge and based on authentic
documents;
3. That I have commenced any other action or proceeding involving the
same issue in the Supreme Court, Court of Appeals or any other tribunal or
agency;
4. That to the best of my own personal knowledge, no such action or
proceeding is pending in the Supreme Court, Court of Appeals or any other
tribunal or agency;
5. That should hereinafter, I learn that a similar action is pending before the
Supreme Court, Court of Appeals or any other tribunal or agency, then I
obliged myself to inform the Court Concerned to such fact.
IN WITNESS WHEREOF, I have hereunto set my hand this 13h day of
Febuary 2016 at Baguio City, Philippines.
CELIA SALAZAR
Affiant
ID NO. SSS-123456
ISSUED AT BAGUIO CITY
ISSUED ON JANUARY 6, 2016

SUBSCRIBED AND SWORN to before me this 13h day of Febuary 2016 at


Baguio City and affiant presented her identification Card No. as indicated
below her name identifying her
ATTY. MAE ANN Y. BADUA
Notary Public

Doc. No. 1
Page No. 2
Book No. 3
Series of 2016.

Notarial Commission No.331-2018


Roll No. 071015
PTR No.7313108, 1/3/18
IBP No. 785625, 1/2/18
BADUA-AGUILAR & Associates
Alviar Tower Building
Baguio City, Philippines