Republic of the Philippines
Regional Trial Court of the Quezon City
Quezon City
Jonna Bueno
Plaintiff.
- versus - Case No. 27-112011
Gloria Super Market, Inc.
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PLAINTIFF'S MEMORANDUM
Plaintiff, by counsel, respectfully submits its memorandum in this case:
Statement of the facts
In order that the court may be enlightened and guided in the sequential facts, cited
hereunder are the pertinent details.
1. Plaintiff Jonna Bueno is 35 years old, married and a resident of 89 little
baguio st. San Juan City, Metro Manila.
2. The Plaintiff is an accountant. In this case, the Plaintiff is offering the
testimony of Ms. Bueno to prove that her son, Ricky, slipped on the wet floor
of Gloria Supermarket by reason of the gross negligence of its management
and employees, causing him to suffer excruciating pain from the fractured
arm and undergo great discomfort and depression.
3. The said Supermarket is located on Ortigas Avenue, San Juan, Metro Manila,
just two blocks from our condominium. The Plaintiff has been buying in the
said supermarket for the past 20 years.
4. The plaintiff indicated that when she was about to cook spaghetti for her son
Ricky when she realized that she didnt have any tomato sauce so she went to
gloria supermart to buy tomato sauce and some other things they need in the
house.
5. The plaintiff also provided that she had a cart and he would sometimes ride
on it or walk along the aisled with her. At time, I will ask him to pick safe
things from the shelves and put them in the cart. He also grabs goodies that
he likes.
6. There was no unusual that happened while the plaintiff and ricky. However,
Ricky had gone distance down the aisle from where the plaintiff stood and
saw him slip with a heavy bang on a wet section of the aisle. The plaintiff
immediately came to his side to help him. She also asked a store clerk who
came around to help me her to carry Ricky to her car so she could bring her
in to the hospital. She did not het to finish her shopping.
7. She brought Ricky to the Philippines Orthopedic Hospital. The plaintiff said
that there is a puddle of liquid on the floor. It was a syrup that seeped out
from a leaking bottle in a nearby shelf. There was no warning for the
customers of the danger it presents, but she heard that someone shout “ hoy,
bata, ingat! May basa diya.”
Statement of the Issues:
1. Whether or not the Gloria Supermart shall be liable for damages?
2. Whether Bueno is entitled for P. 1,500,000.00 damages against Gloria
Supermart before the Regional Trial Court of Quezon City?
3. Whether the testimony of other people shall be considered as valid?
Arguments:
1. Gloria Supermart shall be liable for damages against bueno for the event that
had happened to her son. Under quasi delicts, it provides thatwhoever by act
or omission causes damage to another, there being fault or negligence, is
obliged to pay for the damage done. Such fault or negligence, if there is no
pre-existing contractual relation between the parties, is called a quasi-delict
and is governed by the provision of this chapter. In the same way, an accident
pertains to an unforeseen event in which no fault or negligence attaches to
the defendant. On the other hand, the law also provides that negligence is the
omission which a reasonable man, guided by those considerations which
ordinarily regulate the conduct of human affairs, would do, or the doing of
something which a prudent man and reasonable man would not do. Accident
and negligence are intrinsically contradictory; one cannot exist with the other.
Accident occurs when the person concerned is exercising ordinary care,
which is not caused by fault of any person and which could not have been
prevented by any means suggested by common prudence. In the case at bar,
the doctrine of res ipsa loquitor shall apply for the reason that where the
accident was of such character as to warrant as inference that it would not
have happened except for the defendant’t negligence; the accident must have
been caused by an agency or instrumentality within the exclusive
management or control of the person charged with the negligence
complained of and the accident must not have been due to any voluntary
action or contribution on the part of the person injured.
2. Bueno is entitled for P. 1,500,000.00 damages against Gloria Supermart
before the Regional Trial Court of Quezon City, under the law, it has been
stated that damages may be: actual or compensatory, moral, nominal,
temperate or moderate, liquidated or exemplary or corrective. And in the
same case, except as provided by law or by stipulation, one is entitled to an
adequate compensation only for such pecuniary loss suffered by him as he
has duly proved. Such compensation is referred to as actual or compensatory
damages. The party suffering loss or injury must exercise the diligence of a
good father of a family to minimize the damages resulting from the act or
omission in questions.
3. The testimony of the witness shall be considered as liable and tenable for the
reason that the testimonies are generally confined to personal knowledge and
hearsays are excluded from it. The law provides that a witness can testitfy
only to those facts which he knows of his personal knowledge; that is which
are derived from his own perception, except as otherwise provided in these
rules. Where the statements or writings attributed to a person who is not on
the witness stand are being offered not to prove the truth of the facts stated
therein but only to prove that those statements were actually made or those
writtings were executed, such evidence is not covered by the heresay
evidence rule. By the rules, the doctrine of independently relevant statements,
only the fact that such statements were made is relevant, and the truth or
falsity thereof is immaterial. The hearsay rule does not apply.
Prayer
Wherefore, it is respectfully prayed for of this honorable court that judgment be
rendered ordering the plaintiff’s petition be filed against the defendant for clearly it is
meritorious.
