Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES 11th Judicial Region Branch 13 Davao City DAVAO RABBIT

BUS LINE, represented by its President MELCHORA CATACUTAN-ATAPANG Plaintiff " versus $ Civil Case No: 32 2!!"1#

%or: Da&ages

AMADOR A BULAN, ROLANDO B SUI!O, "nd #IRST INTEGRATED BONDING AND INSURANCE CO, INC Defendants. ' " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " "' ANS$ER $ITH COUNTERCLAIM Defendants (&ador () Bulan Rolando *ui+o and %irst ,ntegrated Bonding and ,nsurance by counsel unto the -onorable Court in an ans.er to the co&plaint in the above"entitled case &ost respectfully state that: 1) Paragraphs 1 and 2 are ad&itted/ 2) Paragraphs 3 is partly ad&itted and partly denied for being conclusion of facts/ and further those to be averred in *pecial (ffir&ative defenses/ 3) Paragraphs 0 and 1 are denied the truth being those to be averred in *pecial affir&ative defenses/ 0) Par 2 and ! are denied for lac3 of infor&ation to for& a belief to the truth or falsity thereof/ 1) Paragaraphs 4 5 and 1# are denied for lac3 of infor&ation to for& a belief as to the truth or falsity thereof/ 2) Paragraph 11 is ad&itted/

!) Paragraph 12 is ad&itted and futher elaborated in *pecial affir&ative defenses 4) Paragraphs 13 10 and 11 are denied for lac3 of infor&ation to for& a belief to the truth or falsity thereof/ B% $A% O# SPECIAL DE#ENSES Defendants Bulan and *ui+o reiterating and repleading the allegations in the ans.er further states that:

5) Defendant *ui+o is the driver of the 6B -ino Cargo truc3 bearing plate 7*8 13# o.ned and registered in the na&e of Defendant Bulan .ho is engaged in the regular business of 9eneral truc3ing services for various 3ind of products to any point in :indanao/ 1#) ;hile Defendant *ui+o .as cruising along :c (rthur -igh.ay on its .ay bac3 fro& a prior delivery in the south and upon approaching the intersection of *anda.a Road and :c (rthur -igh.ay :atina Davao City slo.ed do.n as he .as turning right to *anda.a Road and .hile e<ecuting the right turn the speeding passenger bus no) 131! .ith plate no) 202 belonging to plaintiff Davao Rabbit Bus 7ines and .hile encroaching the opposite lane .ithout stopping as re=uired by the 8raffic Rules > it being a cross thru road? said passenger bus driven by Ben@a&in Bigat s&ashed hit the left bac3 portion of the said 8ruc3 bearing plate no) 7*8 13#/ 11) (s a result of the rec3less and i&prudent driving style of :r) Ben@a&in Bigat hitting and s&ashing the lighter 6B -ino Cargo 8ruc3 the latter sustained da&ages the cost of the da&age is esti&ated to be no less than Php 225 ###)## as actual da&ages for the necessary repairs and for unearned inco&e .hile said truc3 re&ained unserviceable due to the da&age) -ereto attached as (nne< 1 is the Repair Cost Asti&ate) B% $A% O# COUNTERCLAIM Defendants (&ador () Bulan and Rolando *ui+o by counsel further&ore state: 12) 8hat the Passenger bus 131! o.ned by Davao Rabbit Bus 7ine and driven by :r) Ben@a&in Bigat disregarded the basic traffic rule that .hen approaching a cross"road his driven vehicle in approaching said crossing &ust stop or slo. do.n but failed to do so and instead proceeded .ith great speed .ith rec3lessness hit s&ashed the vehicle driven by Rolando *ui+o/ 13) 8hat as a result of the rec3lessness and i&prudence of the driver of the passenger bus the defendant incurred or .ill be incurring da&ages a&ounting to Php 225 ###)##/ 10) 8hat as a result of the rec3lessness and i&prudence of the driver of the passenger bus the defendants .ere constrained to hire the services of counsel and agreed to pay the su& of Php

1# ###)## as attorneyBs fees and .ill be incurring litigation e<pense in the a&ount of Php 2# ###)## PRA%ER ;-ARA%CRA in vie. of the foregoing it is &ost respectfully prayed of this -onorable Court that: 1) 8he co&plaint file by plaintiff Davao Rabbit Bus 7ines be dis&issed for lac3 of &erit/ 2) 8he counterclai& of defendants be granted/ and to order the Plaintiff to pay the latter the follo.ing: i) Php 225 ###)## representing actual da&ages and unearned inco&e/ ii) Php !# ###)## representing attorneyBs fee and litigation e<pense iii) Php 3# ###)## as e<e&plary da&ages Defendants pray for such other reliefs and re&edies under the pre&ises) %ebruary 1 2#1#Davao City Philippines)

MILLAN CARPIO LEANO BALDO!A LA$ O##ICE Counsel for the Defendants 1!D%lr Pryce 8o.er Building Ba@ada Davao City By: ATT% MAR% L%CEL D MILLAN P8R No) !24010 #1"#0"1# 8,N 2!#"54!"#54 ,BP No) 51221! #0"#1"#5 Roll No) 24#51 :C7A Co&pliance: 12 2##5 Davao City

Copy %urnished (88E) 8ACDCRC PAP,8C B9RP8 7(; %,R: *uite 1F2 3rd %lr :,*8( Bldg) Da&osa 9ate.ay 7anang Davao City

REPUBLIC O# THE PHILIPPINES& CIT% O# DAVAO &SS '-----------------------------------------------------' VERI#ICATION AND CERTI#ICATION ;e (&ador Bulan and Rolando *ui+o are both of legal age and residents of *anda.a Road Davao City Philippines) ;e have caused the preparation and filing of the above entitled ans.er .ith counterclai&/ ;e have read the sa&e and all the allegations therein are true and correct to our o.n personal 3no.ledge/ and ;e hereby certify that .e had not co&&enced any other action or proceedings involving the sa&e issue in the *upre&e Court the Court of (ppeals or any other tribunal or agency/ 8o the best of our 3no.ledge no such action or proceeding is pending in the *upre&e Court the Court of (ppeals or in different divisions thereof or any other tribunal or agency/ ,f .e should thereafter learn a si&ilar action or proceeding has been filed or is pending before the *upre&e Court Court of (ppeals or different divisions thereof or any other tribunal or agency .e underta3e to pro&ptly infor& the aforesaid courts and such other tribunal or agency of that fact .ithin five >1? day thereof) IN $ITNESS $HEREO#, ;e have hereunto affi< our signature this #1th day of %ebruary 2#1# in the City of Davao)

AMADOR BULAN (ffiant

ROLANDO SUI!O (ffiant

SUBSCRIBED AND S$ORN to before &e this #1th day of %ebruary 2#1# in the City of Davao) (ffiants e<hibited to &e their *** ,D no) 12!45!21 and 4!21#54! respectively)

ATT% MAR% L%CEL D MILLAN NOTAR% PUBLIC Gntil Dece&ber 31 2#12 P8R No) !24010 #1"#0"1# 8,N 2!#"54!"#54 ,BP No) 51221! #0"#1"#5 Roll No) 24#51 :C7A Co&pliance: 12 2##5 Davao City Doc) No) #2 Page No) #2 Boo3 No) #1 *eries of 2#1#