Republic of the Philippines

REGIONAL TRIAL COURT

Cebu City
JOAN CRUZ
Plaintiff,
-versus-

Royal Supermart
Defendant,

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DEFENDANTS MEMORANDUM
Defendant, by counsel, respectfully submits its memorandum in the case
THE CASE
Plaintiff Joan Cruz filed her action for declaratory relief and damages against
defendant Royal Supermart, claiming that the Grocery Store (Royal Supermart) did
not execute due diligence in cleaning and supervising, and did not exert any efforts
in putting any safety precaution signs that caused the accident. In its answer, Royal
Supermart claimed that it is the duty of the parent(s) to exercise diligence of a
good father especially in public. The parent(s) is/are duty bound to discipline or
reprimand their children when misbehaving in any publicly use establishment. The
defendant filed for action for dismissal for lack of merit.
THE FACTS
At the trial Mrs. Joan Cruz gave her version of the events. Joan Cruz have
been buying her groceries at Royal Supermart for the past 20 years, at 10 am May
11, 2010 she went to Royal Supermart to buy ingredients for spaghetti and some
other stuff. She got a cart and started shopping, she also encourages Biboy, her
only son, to get some of the goodies he liked (Transcript of Stenographic Notes, June
7, 2011, p.1). While picking, Biboy saw a stray ball rolling down the aisle and chased
it, causing him to run into the puddle of syrup and slipped, slamming his wrist on to
the floor causing a major injury in his right wrist. According to Mrs. Cruz there were
no grocery clerk around to supervise them, nor there were signs that warn them
from any danger near the puddle, but there was a person who shouted HOY, BATA,
BANTAY! NAAY BASA DIHA. Biboy Underwent surgery to fix the fractured bone and
incurred Mr. & Mrs. Cruz P22,840 for doctors fee. Hospitalization, and medicine,
also, they bought toys for Biboy to distract him from the pain hes experiencing and
incurred additional P5,000 (id., p.2).

Mr. Rene Roa, a 5 year employee of Royal Supermart as supervisor, stated his
reply as witness, Mr. Roa contended that he came to the scene when the commotion
started as he was just on the other aisle (id., p.2). He contended that he saw a
broken bottle that caused the puddle, but it was due to Biboys misbehavior that
caused the said bottle to break. Mr. Roa stated Biboy who was wildly running at that
time could have bumped one of the shelves causing the bottle to break. Mr. Roa
offered his help to bring Mrs. Cruz and Biboy to the hospital, but Mrs. Cruz insisted
otherwise. While on the car going to the hospital, Mrs. Cruz told defendant that the
accident happened due to the negligence of the store (id., p. 3)

THE ISSUE
Whether or not the plaintiff is entitled for damages or reimbursement for the
expenses incurred due to the accident caused by the negligence of the defendant.