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2.
3.
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SPECIFICALLY DENY the same the truth being that set forth
in SPECIAL AFFIRMATIVE DEFENSES AND ALLEGATIONS;
4.
5.
6.
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10.
follows:
Plaintiffs
deceased
husband was negligent;
__________________________
13. That the collector and driver duly and timely
reminded all the passengers to wear their respective seatbelts
before the bus left the station. Notices of safety precautionary
measures were also posted legibly on the dashboard and
behind every seat for every passenger to follow. However, while
on transit, said late Frederick Ledino willfully removed his
seatbelt as attested by a co-passenger, Pedro Manigo
[hereinafter, Pedro];
14. That Pedro and Lita Luna [hereinafter, Lita], another
passenger who was seated adjacent to the wife of the deceased,
who were seated immediately next to each other, attested that
they were wide awake when the accident happened and that they
did not notice or smell anything such as of a burnt rubber inside
the bus, copy of the affidavits of the witnesses are attached as
Annex 2 and Annex 3, respectively;
15.
follows:
16.
In Landicho v. BTCo.,
the Court held that the passenger is
responsible for finding a safe seat, as the duty of the
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20.
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PRAYER
For the foregoing reasons, Defendants pray for an order
and/or judgment as follows:
1. Setting the preliminary
defenses set forth;
hearing
on
the
affirmative
VERIFICATION
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MICHAEL B. GARCIA
Affiant
SS No. 33-6630205-4
SS No. 33-0030644-3
Surigao City
Greetings:
Please take notice that the foregoing ANSWER WITH
SPECIAL AFFIRMATIVE DEFENSES AND ALLEGATIONS,
WITH
MOTION
FOR
PRELIMINARY
HEARING
ON
AFFIRMATIVE DEFENSES will be submitted to this Honorable
Court for its consideration and approval on December __, 2016
at ______ oclock in the morning or as soon as counsels and
matters may be heard.
SHERALYNE DAZ PEQUINA
Counsel for Defendants
EXPLANATION
(Pursuant to Section 11, Rule 13 of the 1997 Rules of
Procedure)
The foregoing ANSWER WITH SPECIAL AFFIRMATIVE
DEFENSES AND ALLEGATIONS, WITH MOTION FOR
PRELIMINARY HEARING ON AFFIRMATIVE DEFENSES and
served upon Plaintiffs counsel via registered mail owing to the
distance between the office of the undersigned counsel and the
counsel for Plaintiff, and for lack of messengerial services.
SHERALYNE DAZ PEQUINA
Counsel for Defendants
Copy furnished:
FLORES GARDE MALAZA LAW OFFICES
1703 M. Ortiz St.
Brgy. Washington
Surigao City
REGISTRY RECEIPT
Postal/Package No. ______
Posted on ______________
Posted at ______________
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