Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
CITY OF MANILA, Branch 15

COMPANY BUS LINES

Plaintiff,
Civil Case No. 3275
For: Damages

- versus MARQUEE LINES, INC.

Defendant.
x--------------------------------------x 44

ANSWER
(With Counterclaim)

Defendant, through undersigned counsel, answering plaintiffs complaint, alleges:

1.

That defendant ADMITS the allegations in paragraphs 1 and 2 of the Complaint.

2.

That defendant ADMITS the allegations in paragraph 3 of Complaint, to the effect

that a collision took place on 23 May 2003 between plaintiffs passenger bus, Odessa with
plate number XYZ123, and defendants passenger bus, Peter Pan with plate number ABC456,
while defendants bus was in transit to Manila from Pangasinan; but DENIES that defendants
bus was running at a very fast speed without regard to traffic conditions and the welfare of the
public.

3.

That defendant specifically DENIES that the collision was caused by the erratic

and faulty maneuvers of the defendants vehicle and the lack of skill, negligence or imprudence
of its driver.

4.

That defendant is without knowledge or information sufficient to form a belief as

to the truth of the averments in Paragraph 4, 5 and 6 of complaint.

5.

That defendant ADMITS the allegations in paragraph 9 of complaint; and as

AFFIRMATIVE DEFENSE

1.

That the collision in 23 May 2003 between defendants bus and plaintiffs was, in

fact, the direct cause of the reckless driving of plaintiffs driver, Bobby Bee.

2.

That, while defendants bus was driving along North Expressway and heading

towards the direction of Manila, plaintiffs bus, running at a high speed and going towards the
same direction, appeared on their right side and suddenly swerved onto the lane where
defendants bus was travelling without slowing down and without making a signal to the left.

4.

That, as a last ditch effort, defendants bus swerved to the left to avoid collision

but the same was too late.

COUNTERCLAIM
1.

That plaintiff be ordered to pay to defendant compensatory damages in the

amount of Three Million Pesos (P3,000,000.00).

PRAYER

WHEREFORE, defendant prays for judgment:

1.

Dismissing the complaint with costs against plaintiff; and

2.

On the COUNTERCLAIM, ordering plaintiff to pay defendant the sum of Three

Million Pesos (P3,000,000.00), with interest thereon at the legal rate from 25 June 2005 until the
amount is fully paid.
3.

Other reliefs, as may be just and equitable under the premises, are likewise prayed

for.

City of Manila for the City of Manila: 30 November 2007.

MONSOD, PALLARCA & DIAZ LAW OFFICES

Counsel for Defendant
COMPANY BUS LINES
1852 North Park Avenue, Quezon City
By:

MARIA CHRISTINA E. GAVIOLA

PTR No. 1234567/1 Jan. 2005/City of Manila
Life IBP No. LRN-12345/07 Dec. 2005/Manila
Roll No. 12345

V E R I F I C A T I O N and C E R T I F I C A T I O N OF
NON-FORUM SHOPPING
I, Zuleika Chorizo, after being duly sworn in accordance with law, hereby depose and
state:
1. That I am the President of the plaintiff COMPANY BUS LINES in the
above-entitled case;
2. That I have been authorized by the Board of COMPANY BUS LINES to
represent it and file the instant complaint on its behalf; and
3. That, I have caused the preparation of the above complaint, and that the
factual allegations therein are true of my own personal knowledge and based
on authentic records.
I likewise certify that plaintiff has not theretofore commenced any other or similar action
or proceeding involving the same issues raised in the above-entitled case before any Court,
tribunal or body, and there is, to the best of my knowledge and information, no such other or
similar action or proceeding pending before any Court, tribunal or body; and finally, I certify that
should it come to my knowledge that any other or similar action or proceeding has been filed or
is pending before any other Court, tribunal or body, I hereby undertake to notify the court or
tribunal taking cognizance of the above-entitled case of such fact within five (5) days from
receipt of such knowledge.
Zuleika Chorizo
Affiant

REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA
)S.S
SUBSCRIBED AND SWORN to before me this __________ _____________, in the
City of Manila, affiant exhibiting her Community Tax Certificate No.____________________,
issued at______________, Metro Manila on _____________________.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2005.
COPY FURNISHED:
ATTY. SHONDA PALLARCA
Counsel for Plaintiff
17 Carnival Park, BF Homes,
Taguig, Metro Manila.