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Formal Offer of Evidence

Sample formal offer of evidence

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Monique Acosta
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84 views

Formal Offer of Evidence

Sample formal offer of evidence

Uploaded by

Monique Acosta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


11th Judicial Region
Branch 3
Nabunturan, Compostela Valley

Bridget Abad, Plaintiff, CIVIL CASE No. 220321

- versus – FOR: Damages for injuries, Loss


of earning capacity, Moral
Davao Metro Shuttle damages and Attorney’s Fees.
Corporation, Defendant
Third Party Plaintiff

- versus –

Bachelor Express
Incorporated,
Third Party
Defendant.

x------------------x

ANSWER WITH THIRD PARTY COMPLAINT

COMES NOW the Defendant, DAVAO METRO SHUTTLE


CORPORATION, represented by its President De Carlo L. Uy, by and
through his undersigned counsel and pursuant to Rule 6, Sec. 11 of
Rules of Court, hereby impleads the Third-Party Defendant,
BACHELOR EXPRESS INCORPORATED, represented by its CEO,
Leo Rey V. Yanson, and alleges as follows:

1. Defendant admits the averment in paragraph 1, 2, 3, 4 and 5 of


the complaint;

2. Defendant has no knowledge or information to form a belief as to


the truth of the averment in paragraphs 6, 7, 8, 9, 10, 11, 12, 13 of
the complaint;

SPECIAL AND AFFIRMATIVE DEFENSES

By way of special and affirmative defenses, defendant avers:


1. That the cause of the accident which caused Mrs. Abad’s
injuries were through no fault or negligence on the part of the
employees of the defendant;

2. That it exercised the extraordinary diligence required of a


common carrier for the safety of the passengers transported by them;

THIRD PARTY COMPLAINT

By way of Third Party Complaint, Defendant alleges:

1. That the accident was caused by the fault or negligence of the


Bachelor Express Incorporated bus with plate number LXA 234,
driven by one Masiad Ong Paspas, as evidenced by the Traffic
Incident Report attached herein as “Annex A;”

2. That due to the fault or negligence of Bachelor Express


Incorporated and its employees, the property of the defendant
and the safety of its passengers were endangered, and indeed
caused multiple injuries, as supported by the abovementioned
Traffic Incident Report;

3. That due to the accident, the defendant was constrained to


reimburse the immediate expenses incurred by its passengers
who were injured and required medical attention, amounting to
about four hundred thousand pesos (400,000) the receipts
thereof attached herein as “Annex B”;

4. That owing to the damage caused by the impact, the


Defendant’s bus was overhauled, incurring expenses amounting
to one hundred fifty thousand pesos (150,000), the receipt
thereof attached herein as “Annex C”;

PRAYER

WHEREFORE, it is respectfully prayed that:

a. The Third Party Defendant be ordered to pay for actual


damages suffered in the amount of FIVE HUNDRED FIFTY
THOUSAND PESOS (Php 550,000.00)

b. The Defendant and Third Party Plaintiff, can demand judgment


against the Third Party Defendant, for all sums that may be
adjudged against it as Defendant, in favor of BRIDGET ABAD
as Plaintiff,
c. The Third Party Defendant be ordered to pay attorney’s fees in
an amount equivalent to TWENTY FIVE PERCENT (25%) of
the total amount to be adjudged in favor of plaintiffs;

d. The Third Party Defendant be ordered to pay all costs


incidental to the defense of the principal suit.

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

Tagum City, Philippines, July 21, 2018..

For the Defendant / Third Party Plaintiff


By

ATTY. LUNA MARIA DOMINIQUE S. ACOSTA


Sunga-Acosta Law Office, 3rd Floor Manlitoc Building,
Doctolero Avenue, Tagum City
PTR No. 1247838 1-20-2018 Davao City
IBP No. 911117 1-21-2018 Davao City
Roll No. 89994
MCLE Ex. No. 111-000748 1-13-2018
For 3rd compliance
Republic of the Philippines)
Davao del Norte )
Tagum City )s.s
x- - - - - - - - - - - - - - - - - - - - - - - -x

VERIFICATION AND CERTIFICATION AGAINST FORUM-


SHOPPING

I, DE CARLO L. UY, President and CEO of Defendant – Third Party


Complainant, Davao Metro Shuttle Corporation, a juridical entity duly
registered with the Securities and Exchange Commission, with office
address at Davao Metro Shuttle Compound, Ecoland Drive, Matina,
Davao City, and representing the same, after having been duly sworn
to in accordance with law depose and say, THAT:

1. That I am the duly authorized representative of the Defendant –


Third Party Complainant in the above-entitled case as evidenced by
the Secretary’s Certificate attached hereto as “Annex D”;

2. That I have caused the preparation of the foregoing answer


with third party complaint and have read the allegations contained
therein;

3. The answers and allegations in the said complaint are true and
correct of my own knowledge and authentic records;

4. I hereby certify that neither I nor any other representative


Defendant – Third Party Complainant have not commenced any other
action or proceeding involving the same issues in any court, tribunal
or quasi-judicial agency and, to the best of my knowledge, no such
other action or claim is pending therein;

5. That if I should learn thereafter that a similar action or


proceeding has been filed or is pending, I hereby undertake to report
that fact within five (5) days therefrom to the court or agency where
the original pleading and sworn certification contemplated herein
have been filed;

6. I executed this verification/certification to attest to the truth of


the foregoing facts and to comply with the provisions of
Administrative Circular No. 04-94 of the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto set my hand this 21st
day of July, 2018 at Tagum City, Philippines.

DE CARLO L. UY
Affiant

SUBSCRIBED AND SWORN to before me this 21st day of July,


2018, by De Carlo L. Uy, who exhibited to me his Driver’s License
No. 12345 issued at Davao City, Philippines on December 20, 2016.

WITNESS MY HAND AND SEAL.

ATTY. LUNA MARIA DOMINIQUE S. ACOSTA


NOTARY PUBLIC
Sunga-Acosta Law Office, 3rd Floor Manlitoc Building,
Doctolero Avenue, Tagum City
PTR No. 1247838 1-20-2018 Davao City
IBP No. 911117 1-21-2018 Davao City
Roll No. 89994

Doc. No. 0013;


Page No. 003;
Book No. 002;
Series of 2018.
ANNEX A
ANNEX B
ANNEX C
ANNEX D

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