answer sample

7/29/2019 answer sample

1/4

Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region

Branch _____

Lapu-Lapu City

SPOUCES RONNIE C. OMPAD andELENITA S. OMPAD

Plaintiffs,

-versus-

WILFREDO G. EVARDOME, EFREN

NAVALES, REYNALDO GIPANAOand FOUR JOHN DOES

Defendants,

x-------------------------------------------/

ANSWER

COMES NOW Defendant Reynaldo Gipanao, by counsel and unto this Honorable Court, most

respectfully states and avers that:

ADMISSION

1. Defendant admits the information the information provided for by the plaintiff inparagraph 3 of the complaint;

2. Defendant partly admits the allegation contained in paragraph 6 where plaintiff offerspayment to the defendant to avoid her car from being towed and defendant insisted that

plaintiff should proceed to the impounding area instead for the release of her vehicle;

3. Defendant partly agrees in the allegation stated in paragraph 8. Defendant agrees thatdespite the plaintiffs plea that her vehicle not be towed, he and the rest of the defendants

persisted in towing the plaintiffs vehicle;

4. Defendant lastly admits the information contained in paragraph 15 that since theDefendant is a public officer/ employee and the dispute relates to the performance of his


2/4

duties then it falls under the exception to the requirement of prior conciliation

proceedings at the barangay level;

SPECIFIC DENIAL

5. Defendant vehemently denies the allegations contained in paragraph 5. The defendant didnot take part of the towing process for it is beyond his duty, he merely cited the traffic

violations made by the plaintiff that caused her car to be towed and that the latter should

proceed to the impounding area for the release of her car;

6. The allegation contained in paragraph 12 of the complaint claiming that defendants actedwith gross and evident bad faith and in wanton, reckless and oppressive manner is

specifically denied. Defendants were merely doing their job and that they already have

explained the matter to the plaintiff the traffic law she violated which resulted in the

towing of her vehicle;

DENIAL FOR LACK OF KNOWLEDGE

7. Defendant denies for lack of knowledge the information in paragraphs 2 and 4 providedfor in the complaint regarding the fellow defendants. Defendant does not know who his

fellow defendants are personally for they merely cross paths at the time of the said

incident;

8. Defendant furthermore denies for lack of knowledge the information in paragraph 1provided for in the complaint regarding the information of the plaintiffs. For the same

reason provided for above preceding paragraph, defendant does not know the plaintiff

personally;

9. Defendant lastly denies for lack of knowledge the allegations given in paragraph 8regarding the towing equipment being defective;


3/4

AFFIRMATIVE ALLEGATIONS

10.On December 18, 2012 at around 4:40 in the afternoon, plaintiff illegally parked her carat the sidewalk in front of Cebuana Lhullier at Basak, Lapu-Lapu City near Tamiya

which resulted for the defendant to issue a traffic citation ticket to the plaintiff;

11.Insofar as the liability of the Defendant is concerned, as a traffic officer of the CityTraffic Management Systems (CTMS), he is not liable for damages, if any, the Towing

agency concerned may have caused;

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed that after hearing on

the merits, this Honorable Court issue an Order:

1. Dismissing the Complaint in totofor utter lack of merit;

2. Granting moral damages in favor of the Defendant in the amount of__________________________ (P_____________);

3. Granting exemplary damages in favor of the Defendant in the amount of__________________________ (P_____________);

Other reliefs just and equitable under the premises are likewise prayed for.

Lapu-Lapu City, Philippines, January 17, 2013


4/4

OFFICE OF THE CITY ATTORNEY

2nd

Floor, City Hall Building,

Pusok, Lapulapu City

By:

YURI BILOAN

City Attorney

IBP No.

PTR No.

Roll of Attorney No.

MICHAEL M. DIGNOS

Assistant City Attorney

IBP No. 821281 12/29/11 Cebu Province

PTR No. 2620080 01/03/11 Lapu-lapu City

Roll of Attorney No. 46722

ROLDAN M. PEPITOLegal Officer III

IBP No. 823414 01/03/11 Cebu City

PTR No. 2810560 01/03/11 Lapu-lapu City

MCLE Compliance No. III-0012552


ETHELBERT B. OUANO

Legal Officer II

IBP No. 843619 01/11/11 Cebu City

PTR No. 0847595 01/12/11 Cebu CityMCLE Compliance no. II-0012836


answer sample

Documents