Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch __
Tuguegarao City

BASHA
Plaintiff,
CIVIL CASE NO.: 0101
-versus- FOR: Damages
POPOY
Defendant
x-------------------------------------x

COMPLAINT

Plaintiff thru counsel, and unto this Honorable Court, manifest:

1. That Plaintiff Basha, is of legal age, Filipino, single, an

architect and a resident of Larion Alto, Tuguegarao City;

2. That Defendant, Popoy is of legal age, Filipino, single, also an

architect and resident of Larion Alto, Tuguegarao City;

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

stated that sometime in 2003 Popoy and Basha, both seventeen
(17) years old had a romantic relationship. After seven years,
Popoy proposed to Basha and the latter accepted his proposal;

4. That sometime in 2010, when Plaintiff and Defendant made love

with each other, the latter discovered that Basha had undergone
a breast surgery. Defendant’s religion had an absolute
prohibition on surgery of any kind;

5. That despite discovery of the surgery, sometime in 2012, both

parties proceeded with the preparations for their wedding,
including the sending out of invitations to all the residents of
Larion Alto, Tuguegarao City setting forth the venue and date of
their wedding as December 12, 2012, 2 o’clock in the
afternoon. Photocopy of the invitation attached herein as
“Annex A”;
6. That Plaintiff’s parents had also spent Fifty thousand pesos
(P50,000.00) for the catering services of the wedding.
Photocopy of said receipt attached as “Annex B”;

7. That on December 11, 2012 at around 11:30 in the evening, the

eve of their wedding, Plaintiff and Defendant had a
conversation/fight which for some reason or another caused
Popoy to leave the wedding’s venue;

8. That after the said conversation/fight but before defendant drove

off from the venue, he had a drink of one (1) bottle Johnny
Walker Black;

9. That from that evening and onwards not a single word or news
from the defendant was heard;

10. That on December 12, 2012-The Wedding Day, defendant did

not show up. The most joyous and once in a lifetime event in
Basha’s life turned out to be the most embarrassing and
shattering moment, and worse, a complete public humiliation;

11. That on the following day, plaintiff learned that defendant had a
vehicular accident. Defendant’s car collided with Florida Bus
Line on December 12, 2012 at around 1 o’clock in the morning
at Buntun, Tuguegarao City, causing a head injury to the
defendant. Defendant’s car had minimal bumps but had no
serious damage;

12. That with all the unfortunate events and news, plaintiff was so
down, traumatized and depressed;

13. That as a result of the accident, based on initial diagnosis of Dr.

Dencio, defendant had suffered an amnesia. He underwent
treatment and according to the defendant, he forgot everything
except the fact that he has amnesia;

14. That sometime in January 2013, approximately only a month

after the wedding and the accident, defendant was in a romantic
relationship with Jenny. Few months later, defendant proposed
to Jenny. Their wedding date was set sometime on June, 2013
but the same was cancelled when Popoy did not attend the
wedding because accordingly he had already recovered from the
amnesia;

15. That on the same year, plaintiff is still in love with the
defendant, pleaded the latter to get back together but defendant
refused;
 16. That without much explanation or offer of consolation of any
kind, everytime Plaintiff tries to talk with him, defendant
rejected her;
17. That sometime on March 2014, Dr. Dencio admitted that he had
a wrongful diagnosis on Popoy, that the latter does not have
amnesia;

18. That by reason thereof, Plaintiff Basha suffered not only actual
damages from the expenses for the preparation of the wedding
but also suffered embarrassment and humiliation from being left
on the actual day of the wedding. She experienced sleepless
nights, and serious anxiety that her dream wedding ended up
into a social and public shame;

19. That from all the rejections of her pleas to Defendant, Plaintiff
self-pitied and felt dependence and leaving the latter to endure
further agony in the hope of getting back together and suffered
greater humiliation;

20. That considering herein Defendant don’t really have amnesia or

assuming that he really had, the Defendant’s wilful and wanton
disregard of all the circumstances which the Plaintiff had
suffered and without explanation or apologies of any kind even
after he has recovered from amnesia has worked as an injustice
to the rights of the Plaintiff;

21. That as a consequence, Plaintiff hereby institute the instant

action against the Defendant. She was constrained to retain the
services of lawyer who is entitled to attorney’s fees in the
amount of FIFTY THOUSAND PESOS (P50,000.00);

PRAYER

WHEREFORE, IN VIEW OF THE FOREGOING, it is most

respectfully prayed that this Honorable Court render judgment ordering
Defendant to pay herein Plaintiff the following amounts:
1. Php50,000.00, representing the actual damages suffered by the
Plaintiff;

2. Php100,000.00 as moral damages

3. Php50,000.00 as attorney’s fee; and with legal interest of the total
damages sought, from the date of filing this suit plus costs of suit.
All other just and equitable reliefs are likewise prayed for.
Respectfully submitted.
Tuguegarao City, Philippines, this 30th day March, 2019.

ATTY. MARIVIC ANTONIO-TALOMA

Counsel for the Plaintiff
Pengue Ruyu, Tuguegarao City
IBP No. 00002; 12-01-2018/Tuguegarao City
PTR No.00003 ; 01-01-2019/Janua, Baguio City
Roll of Attorney No. 00004
MCLE Compliance No. 00005
Republic of the Philippines )
Province of Cagayan )
City of Tuguegarao ) s.s

VERIFICATION & CERTIFICATION AGAINST FORUM

SHOPPING

I, Basha, , of legal age, do hereby state that: I am the Plaintiff in the

complaint entitled COMPLAINT FOR DAMAGES and in such capacity,
caused this complaint to be prepared; I have read its contents and affirm
that they are true and correct to the best of my own personal knowledge; I
hereby certify that there is no other case commenced or pending before
any court involving the same parties and the same issue and that, should I
learn of such a case, I shall notify the court within five (5) days from our
notice.

IN WITNESS WHEREOF, I hereby affixed my signature this

30th March 2019 at Tuguegarao City Cagayan.

BASHA
Plaintiff-Affiant

SUBSCRIBED AND SWORN TO before me in the City of

Tuguegarao on this 30th March 2019, affiants exhibiting before me her
identification: Basha, SSS No. 00006 Issued on January 21, 2019,
Tuguegarao City.

BEA ALONZO-CRUZ
NOTARY PUBLIC
Commission Expires on December 31, 2019
IBP Lifetime No.123, Tuguegarao City
PTR No. 456; April 14, 2018, Tuguegarao City
Roll of Attorney No.: 789
MCLE Compliance No. 101112

Doc. No. 13
Page No. 14
Book No. I
Series of 2019