Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT BRANCH_____, QUEZON CITY

MARY GRACE EVANGELISTA, ELVIRA EVANGELISTA, and ARSENIO EVANGELISTA, Plaintiffs, -versusALFRED MENDIOLA, FERDINAND PARULAN, ROGER DOMINGUEZ and RAYMOND DOMINGUEZ, Defendants, X---------------------------------------------------X COMPLAINT Plaintiffs thru counsel, and before this Honorable Court, respectfully manifest: NATURE OF THE ACTION 1. This is a civil action brought against the Defendants Alfred Mendiola et al., for the criminal acts committed against the deceased Venson Evangelista. PARTIES 2. That plaintiff Mary Grace Evangelista is of 28 years of age, widow of Venson Evangelista, and resides at No. 57 Southwoods Subdivision, cor. Ablan St., Quezon City. That plaintiff Elvira Evangelista is of minor age, 8 years old, and the daughter of Mary Grace Evangelista and Venson Evangelista which currently resides with Evelina Evangelista, her mother. Civil case No.______ For: Damages

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That plaintiff Arsenio Evangelista is of age of 59 years of age, and the father of Venson Evangelista which currently resides with Mary Grace Evangelista, his daughter in-law. Defendant Alfred Mendiola is of age 33, single and resides at No. 11 Bagongbato St., Quezon City. Defendant Ferdinand Parulan is of age 31, single and resides at No. 13 Bolon St. Quezon City. That defendant Roger Dominguez is of age 31, single and resides at No. 02 Makatangay St., Quezon City and the brother of his co-defendant, Raymond Dominguez. That defendant Raymond Dominguez is of age 32, single and resides with Roger Dominguez, his brother. VENUE AND JURISDICTION

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This Court has subject matter jurisdiction over this action based on Section 19(8) of RA No. 7691. Venue is proper in this city, pursuant to Philippine laws FACTUAL ALLEGATIONS

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On January 30, 2011, Venson Evagelista, the husband of the plaintiff Mary Grace Evangelista, went missing in Quezon City and his charred body was found a day later in Cabanatuan City, Nueva Ecija. That the defendants Alfred Mendoza and Ferdinand Paraluan were arrested for the murder of Venson Evangelista. The defendants Alfred Mendoza and Ferdinand Paraluan pointed out four other suspects which includes the defendants Roger and Raymond Dominquez. That one of the defendants, Alfred Mendiola, was positively identified by the plaintiffs helper as the man who expressed his interest in buying Venson Evangelistas car the week before he disappeared. That the defendants Ferdinand Parulan confessed to the police that he had some items that were stolen from Venson Evangelista.

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Upon the arrest of the Defendants Mendiola and Parulan, the defendants confessed to the murder and carnapping of Venson Evangelista and implicated that the Dominquez brothers are the heads and mastermind of their carjacking operation. They further confessed that they planned the carnaping and killing of Venson Evangelista in an apartment in Greenville Subdivision in San Fernando Pampanga on the morning of January 13, 2011. Alfred Mendiola narrated that he was tasked to get in touch with Venson Evagelista to act as a middleman and to pretend as a buyer; Raymond Dominguez would act as a look out on board a white Ford Expedition; and a certain person named Jayson would drive a back-up green Pajero. At around 2pm, the group left San Fernando and arrived at the plaintiffss house in Quezon City at around 4pm. They started haggling over the price of a Toyota Land Cruiser and after which, the defendant, Alfred Mendiola, Venson Evangelista and a certain person named Joel went on a test drive and the other defendants accompanied them from behind by the green Pajero. During the test drive, at about 4:15 pm the group declared their plan to Venson Evangelista, and took control of the Land Cruiser. That after the group has taken control of the Land Cruiser, they took Venson Evangelista went to Mabalacat, Pampanga where they killed him. That by the reason thereof, the plaintiffs suffered monetary loss, mental anguish and serious anxiety. CAUSE OF ACTION (Moral Damages and Actual Damages of the Plaintiffs)

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Plaintiff incorporates by reference all facts set forth in paragraphs 11 through 23, above, as if fully set below. As the proximate result of the Defendants actions, the plaintiffs suffered mental anguish, fright, serious anxiety, wounded feelings and moral shock as a result of the death of Mr. Venson Evangelista. The Plaintiff Mary Grace Evangelista and Arsenio Evangelista, as a result of the mental suffering and anguish were incapacitated to work for a period of 3 months.

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That the Plaintiff Elvira Evangelista suffered sleepless nights and mental anguish, incapacitating her to go to her school. All the mental suffering and its effects suffered by the Plaintiffs are compensable as moral damages as stated in Article 2217 of the Civil Code of the Philippines which states: Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission.1

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That the Plaintiff Mary Grace Evangelista lost a total of ONE HUNDRED FIFTY THOUSAND (PHP 150,000.00) for the burial cost of her husband, Venson Evangelista. That the Plaintiffs suffered the loss of future earnings of the deceased Mr. Vengson Evangelist. The loss of the vehicle, the Toyota Land Cruiser driven by Vonson Evangelista during his murder which amounts to TWO MILLION PESOS(PHP 2,000,000.00) All pecuniary loss dealt to the Plaintiffs are compensable as actual or compensatory damages under Article 2199 of the Civil Code of the Philippines which states that: Art. 2199. 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.2

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As a result of the criminal acts of the defendants punitive damages and exemplary should also be awarded against it in an amount to be determined at trial. PRAYER FOR RELIEF

WHEREFORE, IN VIEW OF THE FOREGOING, plaintiffs through counsel pray this Honorable Court, after due hearing, to adjudge defendants ALFRED MENDIOLA ,FERDINAND PARULAN, brothers ROGER DOMINGUEZ and RAYMOND DOMINGUEZ, jointly and severally, to pay the following: A. To the Plaintiffs:
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Art. 2217, Civil Code Art. 2199, Civil Code

a) To Mary Grace Evangelista: 1. Moral Damages amounting to TWO MILLION PESOS (PHP 2,000,000.00) 2. Compensatory Damages amounting to FIVE MILLION PESOS (PHP 5,000,000.00) b) To Elvira Evangelista: 1. Moral Damages of FIVE HUNDRED THOUSAND PESOS (PHP 500,000.00) c) To Arsenio Evangelista
1. Moral Damages amounting to TWO MILLION PESOS (PHP 2,000,000.00)

B. Punitive damages in an amount to be proven at trial; C. Pre- and post-judgment costs and interest; and D. Such other and further relief as this Court may deem appropriate and equitable. Dated: March 5, 2011 __________________________ Diwa Rafael B. Bontuyan Attorney for the Plaintiffs

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, _______________________, of legal age, after having been duly sworn in accordance with law, depose and state that: 1. I am a plaintiff in the above-stated case; 2. I caused the preparation of the foregoing complaint; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession; 4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of July 2008 in Mandaue City, Philippines. ___________________________ Affiant JURAT SUBSCRIBED AND SWORN to before me this ___ day of __________ 201_ at _________________ affiant exhibiting to me his Community Tax Certificate No.____________________ issued on ________________ 200_ at ______________ City. Doc. No. ; Page No. ; Book No. ; Series of 200_.