Professional Documents
Culture Documents
ANSWER
(With Counterclaim)
effect that a collision took place on 23 May 2003 between plaintiff’s passenger bus, “Odessa”
with plate number XYZ123, and defendant’s passenger bus, “Peter Pan” with plate number
ABC456, while defendant’s bus was in transit to Manila from Pangasinan; but DENIES that
defendant’s bus was running at a “very fast speed without regard to traffic conditions and the
3. That defendant specifically DENIES that the collision was caused by the erratic
and faulty maneuvers of the defendant’s 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
AFFIRMATIVE DEFENSE
1. That the collision in 23 May 2003 between defendant’s bus and plaintiff’s was, in
fact, the direct cause of the reckless driving of plaintiff’s driver, Bobby Bee.
2. That, while defendant’s bus was driving along North Expressway and heading
towards the direction of Manila, plaintiff’s bus, running at a high speed and going towards the
same direction, appeared on their right side and suddenly swerved onto the lane where
defendant’s bus was travelling without slowing down and without making a signal to the left.
4. That, as a last ditch effort, defendant’s bus swerved to the left to avoid collision
COUNTERCLAIM
PRAYER
Million Pesos (P3,000,000.00), with interest thereon at the legal rate from 25 June 2005 until the
3. Other reliefs, as may be just and equitable under the premises, are likewise prayed
for.
By:
I, Zuleika Chorizo, after being duly sworn in accordance with law, hereby depose and
state:
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
COPY FURNISHED: