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Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES Fifth Judicial Region Legazpi, City

PEDRO BATONGBAKAL, Plaintiffs, - versus – JUAN BATO, Defendant, x---------------------------------x CIVIL CASE NO. 10287622 For: Damages

ANSWER WITH COUNTERCLAIM

DEFENDANT, JUAN BATO, to the Honorable Court by way of answer to the complaint respectfully avers:

ADMISSIONS / DENIALS

1.

Paragraph 1 of the complaint is ADMITTED by answering DEFENDANT. However his present address is at Washington Drive Legazpi City.

2. Paragraphs 2, 3, and 4 of the complaint is also admitted specifically.

repleads and reiterates in paragraphs 1 to 5 and avers: 6. . 10287622 ANSWER WITH COUNTERCLAIM page 2of 6 3. BATO CIVIL CASE NO. 4. 5. but despite such warning. Paragraphs 7 to 11 are specifically denied for lack of sufficient knowledge as to the truth or veracity of the foregoing.BATONGBAKAL VS. That answering defendant started honking the car horn 20 meters before the collision site. Answering defendant hereby claims that the traffic light was changed from red to green for two minutes. the truth being that stated in the SPECIAL / AFFIRMATIVE DEFENSES: By way of SPECIAL / AFFIRMATIVE DEFENSES. collided with the rear bumper of the plaintiff’s vehicle. and the Nissan Sentra owned by answering defendant. answering defendant. Paragraph 6 of the complaint is partly admitted only insofar as the driver of the Nissan Sentra is the answering defendant. plaintiff never moved from his stationary site. Paragraph 5 of the complaint is partly admitted only insofar as the plaintiff was at full stop. but plaintiffs vehicle did not move from its stationary state. 7.

the tires of the Nissan Sentra. Answering defendant. 12. slipped despite the breaks for a distance of 1. 11.BATONGBAKAL VS.000. plaintiff excusing himself due to his new pair of contact lenses and the adjustment he is into using them. Answering defendant hereby avers that it is he who confronted the plaintiff and not the other way around. Answering defendant hereby avers that actual expenses of the Honda Civic vehicle owned by plaintiff amounts only to Php 10. 10. and did not received any demands from him. 9. regarding the traffic light regulations. since it was only a minor dent and few paint scratches.75 meters. . confronted plaintiff. Answering defendant did not promise anything to the plaintiff.00. That due to heavy rainfall and oil spills from various vehicles that passed before the collision happened. BATO CIVIL CASE NO. 10287622 ANSWER WITH COUNTERCLAIM page 3 of 6 8. causing the minor collision of the vehicles involved herein.

answering defendant alleges: 16.000. embarrassment. BATO CIVIL CASE NO.13. BATONGBAKAL VS. 15. 17. the Honorable Court has been effectively ousted from jurisdiction to hear and decide the instant case. including besmirched reputation for which he should be entitled to a . the total amount of the claim is Php 95. because applying the totality rule. The allegations in paragraph 1 to 15 are hereby repleaded reproduced and reiterated.00 consisting the alleged value of the actual damage and cost of suit. PLAINTIFF’S precipitate action has caused himto suffer mental anguish. it has no jurisdiction to entertain the complaint. The instant suit against answering DEFENDANT is malicious and groundless. as enjoined the pertinent provisions of Rule 141. By reason of non compliance of the provisions in payment of docket fees. 10287622 ANSWER WITH COUNTERCLAIM page 4 of 6 14. and humiliation. By way of COMPULSARY COUNTERCLAIM. With all due respect due the Honorable Court. The proper filing fees have not been paid by PLAINTIFF. All Allegations of the answering defendant is evidenced by a police report signed by plaintiff admitting the fault of the incident. serious anxiety.

ORDER THE PLAINTIFFS TO PAY ANSWERING DEFENDANT JUAN BATO DAMAGES OF NOT LESS NOT PHP 50.000.000. WHEREFORE. and entitle the latter exemplary damages. against PLAINTIFF’S nasty action. BATONGBAKAL VS.grant of moral damages.000. ORDER THE DISMISSAL OF THE COMPLIANT AGAINST ANWERING DEFENDANT JUAN BATO.000. Answering defendant by reason of the baseless and unwarranted complaint was forced to secure the services of counsel to defend his interest. 2. PLAINTIFF’S reckless and wanton attitude in filing the present action against answering DEFENDANT should be castigated to deter other persons from acting in the same manner. 19. 10287622 ANSWER WITH COUNTERCLAIM page 5 of 6 18.00 exclusive of appearance fees of Php 2. PREMISES CONSIDERED. which amount is left to the sound discretion of the Honorable Court. ANSWERING DEFENDANT RESPECTFULLY PRAYS THAT THE HONORABLE COURT: 1.00. BATO CIVIL CASE NO. although the amount is not capable of pecuniary estimation. WITH .00 per court hearing.00. should not be less than Php 50. incurring legal expenses of not less than Php 50.

ANSWERING DEFENDANT JUAN BATO PRAYS FOR OTHER SUCH RELIEF AS MAY BE JUST AND EQUITABLE IN THE PREMISES. .000. Albay for Tabaco City. Malilipot. BATO CIVIL CASE NO.00 PER COURT APPEARANCE. November 25.00 EXCLUDING PHP 2.000.EXEMPLARY DAMAGES AS THE HONORABLE COURT MAY FIND REASONABLE AND ATTORNEY’S FEES OF NOT LESS BATONGBAKAL VS. INCLUDING COST OF SUIT. 10287622 ANSWER WITH COUNTERCLAIM page 6 of 6 THAN PHP 50. Philippines. 2007.

Filipino citizen. tribunal or quasi-judicial agency. tribunal or quasi-judicial agency. I. That to the best of my knowledge. That I have not commenced any action or filed any claims involving the same issues in the Supreme Court. JUAN BATO Affiant . 2. and 5. of legal age.s.VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING Republic of the Philippines ) City of Legazpi ) S. the same being true and correct of my own personal knowledge and based on authentic records. single. And CERTIFY: 4. 2007 at Legazpi City. IN WITNESS WHEREOF. or any other court. That I am DEFENDANT in the above – captioned case. I hereby affix my signature this 25 th day of November. no such other action or claim is pending in the Supreme Court. or any other court or quasijudicial agency. or any other court. Philippines. 3. That I caused the preparation and filing of the ANSWER with COUNTERCLAIM. That I have read and fully understood the allegations therein. Legazpi City. I shall report that fact to this Court within five (5) days from notice. and 6. under oath: DECLARE: 1. the Court of Appeals. with address at Washington Drive. JUAN BATO. Philippines. the Court of Appeals. That I should hereafter learn that the same or similar action or claim has been filed or is pending before the Supreme Court. the Court of Appeals.

_____ Series of 2007 . No. 2010 IBP No. BY: LARA BRUSOLA-BOBIS Notary Public-Province of Albay Valid until December 31. No.SUBSCRIBED AND SWORN to me before this 25th day of November.ALBAY TIN 930-995-395 With office at Real St. Albay Doc. Albay. 2005-05 Roll No. 987654-J 01/02/2010-MALILIPOT. 2007 and acknowledged that the VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING attached to the COMPLAINT was freely and voluntarily executed. 6. _____ Book No. Malilipot. _____ Page No. 123456-Albay 01/02/2010 PTR No. who is personally known to me. affiant. 2011 COMM. 75125/May 9. 2007 at Malilipot. 1339940 issued on Jan. appeared and exhibited to me his Community Tax Certificate No. Philippines.