REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
BRANCH 5
CITY OF NAGA
JONNA BUENO
Plaintiff, CIVIL CASE NO: 201900043
FOR: Art. 2199 of the Civil
Code
-versus-
GLORIA SUPERMART INC.
Respondent.
x--------------------------------------x
PROSECUTION’S MEMORANDUM
COMES NOW PLAINTIFF-RESPONDENTS, through undersigned
counsel unto this Honorable Court, most respectfully submit
instant MEMORANDUM and aver that:
STATEMENT OF THE CASE
Plaintiff Jonna Bueno, filed an action for damages against Gloria
Supermart Inc., before the Regional Trial Court of Naga City, for the
damages and injuries of her son, Ricky caused by negligence of
defendant’s employee.
STATEMENT OF THE FACT
Provides for the fact alleged and established by the parties as
supported by their evidence during trial:
At about 10 in the morning on May 11, 2010 Jonna Bueno were
grocery shopping together with her son, Ricky Bueno. A ball rolled
along the aisle of the department store and Ricky ran after it:
Ricky had gone some distance down the aisle from where Ms.
Bueno stood and saw him slipped on the wet floor. Ricky shrieked
from pain caused by his fractured bone in his arm.
Ms. Bueno alleged the store clerks are not mindful on the things
happening at the store. Furthermore, she did not see any warning or
caution devise to advice customers to be cautious.
Ms. Bueno asked the assistance of the store clerk to bring her
son to the nearest hospital. Ricky was brought to the Philippine
Orthopedic Hospital. She further alleged that the store clerk was not
friendly.
Dr. John D. Lim, an orthopedic surgeon, attended Ricky and
operated his right wrist to restore the fractured bone. The doctor
required Ricky to stay in the hospital for a night.
It took about six (6) weeks for Ricky to recover and Ms. Bueno
need to pay the hospitalization and medical treatment fee amounting
Twenty Seven Thousand and Eight Hundred and Forty Pesos
(Php. 27,840.00) plus the toys that distract him from the pain.
DISCUSSION
Gloria Supermart Inc., is liable for the damages caused by the
negligence of its employees. It is by their omission that the son of Ms.
Bueno slipped and got his right wrist fractured.
The court defined negligence “as the omission to do something
which is reasonable man, guided by those considerations which
ordinarily regulate the conduct of human affairs, would do, or doing
of something which prudent and reasonable man would not do.”
Art. 20 of the Civil Code of the Philippines requires every person
who, contrary to law, willfully or negligently causes damage to
another shall indemnify the latter for the same.
It is the responsibility of Gloria’s Supermart Inc. to secure and
assist their customers at all times. The store must be proactive in
dealing with such kind of accident and immediately take action to
such issue. Admitted by the store management that these kinds of
incidents are not the first that happened inside the store.
In accordance with Art. 2176 of the Civil Code requires that
whoever by act or omission causes damage to another, there being
fault or negligence, is obliged to pay for the damage done.
Art 2180 of the civil code supplied the obligations imposed by
Art. 2176. Paragraph 4 of art. 2180 states:
Xxx xxx xxx
“The owners and managers of an establishment or enterprise
are likewise responsible for damages caused by their employees in
the service of the branches in which the latter are employed or on the
occasion of their functions.
PRAYER
WHEREFORE, in the light of the foregoing premises, it is prayed
that, after due notice and hearing, this honorable court render
judgement in favor of the plaintiff ordering defendants as follows:
1. To pay plaintiff actual damages in the amount of Twenty
Seven Thousand Eight Hundred Forty Pesos (Php. 27,840.00)
for doctor’s fee, hospitalization and medical treatment and
for the toys to distract him from pain that he suffered.
2. To pay the plaintiff One Hunded Thousand Pesos
(Php.100,000.00) as moral damages.
3. To pay Forty Thousand Pesos (Php. 40,000.00) as attorney’s
fees.
4. To pay Twenty Thousand Pesos (Php. 20,000.00) as litigation
expenses.
ATTY. CHRISTIAN ANGELO B. ONATE
Counsel for the plaintiff
Sto. Domingo, Nabua, Camarines Sur
Roll No. 69345
IBP No. 20230056
PTR No. 2023000043
MCLE Compliance No. 202300123
(CC: Counsel for the defendant)
