Sps. McPoyle v DIHRC (1)

8/18/2019 Sps. McPoyle v DIHRC (1)

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Republic of the Philippines

Regional Trial Court

Branch 42

City of Dinagat Island

Spouses Marcus and Maureen

McPoyle, plaintiffs.

Civil Case No. 63799!

"or #a$ages

-versus-

#inagat %sland &otel and Resort

Corporation '#%&RC(,

defendant.

x-------------------------------x

C)MP*+%NT

C)MS N)-, te plaintiff togeter /it te undersigned

counsel to tis $ost onora0le court, M)ST RSPCT"1**2

ST+TS T&+T

1. Plaintiffs arcus cPoyle and aureen cPoyle !herein referred

as "P#$"%" CP#&'%( are both )ilipino* of legal age* +arried*

and residing at ,2% acinto "t. 'oreto* Dinagat Islands* here they

+ay be ser/ed ith su++ons* papers and other process of this

0onourable Court.

2. Defendant Dinagat Island 0otel and Resort Corporation !herein

referred as C#RP#RI#3(* is a corporation duly organied and

existing under and by /irtue of the las of the Republic of the

Philippines* and engaged in the hotel business located at 5678

0ilay "t. Dinagat* Dinagat Islands* here it +ay be ser/ed ith

su++ons* papers and other process of this 0onorable Court.

,. #n )ebruary 1,* 2815* a day before their edding* "P#$"%"

CP#&'%* including se/eral close fa+ily +e+bers and friends*

chec9ed into the 7-star Dinagat Island 0otel and Resort oned and

operated by defendant C#RP#RI#3. he cPoyle entourage

chec9ed into four !4( roo+s in the hotel* located at separate

buildings.


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4. he "P#$"%" CP#&'% and their fa+ilies stayed at to !2(

roo+s at the aharli9a ing of building and their close friends

stayed at to !2( roo+s at the "agigilid ing of building B.

7. #n )ebruary 14* 2815* at around 2 o:cloc9 P* "P#$"%"CP#&'% left their hotel roo+ and proceeded to the nearby

Church of the 0oly 0oliness for their edding.

5. fter the edding cere+ony and subse;uent edding ban;uet* at

around < o:cloc9 P* "P#$"%" CP#&'% ent bac9 to their

hotel roo+* only to find out that the doors of their roo+ a=ar. fter

exa+ining their roo+* they found that they ha/e been ransac9ed by

un9non intruders. "e/eral personal ite+s ere +issing* including

=eellery pieces* /arious electronic gadgets* clothes and anunspecified a+ount of cash.

6. he "P#$"%" CP#&'% i++ediately infor+ed the

+anage+ent staff of the hotel of hat had transpired in their

roo+s. hey as9ed $'I3 #R>%* the hotel +anager* if they

could chec9 the CC? footage hen the incident happened.

0oe/er* to their dis+ay* orge infor+ed the+ that the CC?s

located in the a=arli9a building are not or9ing for reasons that

ere not disclosed to "P#$"%" CP#&'%.@. "P#$"%" CP#&'% then as9ed the hereabouts of the security

guards in the building. $nfortunately* the sole guard tas9ed that

night to secure a 18- storey building as busy attending other

+atters.


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PR+2R

-&R")R, pre+ises considered* it is +ost respectfully prayed of

this 0onorable Court that =udge+ent be rendered in fa/or of the plaintiff

and that after =udge+entA

a. he Defendant shall be ordered to pay +oral and actual da+ages

resulting for the C#RP#RI#3:s gross negligenceA

b. Puniti/e da+ages in an a+ount to be pro/en at trialA

s ell* as such other reliefs and re+edies under the pre+ises areli9eise prayed for.

unicipality of Dinagat* Dinagat Islands Philippines* this @th day of

arch* 2815.

#*+ P+4, &%CT+, %*+5+N *+- "%RMCounsel for te Plaintiff

R+.2487 24) 2 orre 'oreno Bldg.*

unicipality of Dinagat* Dinagat Islands

tty. Ri99i 'ouis Dela Pa

PR 3o.


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R%"%C+T%)N +N# CRT%"%C+T%)N

Ee* r. F rs. arcus and aureen cPoyle* both )ilipino* of legal

age* +arried* and residing at ,2% acinto "t. 'oreto* Dinagat Islands after

being sorn according to la* hereby depose and state thatA

1. Ee are the Plaintiffs in this proceeding.

2. Ee ha/e read and understood the filed co+plaint and allegations

therein.

arcus cPoyle aureen cPoyle

Plaintiff Plaintiff

In itness thereof* I* tty. %steele ?anessa nn 0iceta* counsel of the

plaintiff* ha/e herunto set +y hand this

Documents

Sps. McPoyle v DIHRC (1)