REPUBLIC OF THE PHILIPPINES
12th Judicial Region
REGIONAL TRIAL COURT
Branch 14
Cotabato City
RICO SINAGASA CIVIL CASE No. 19876
Plaintiff,
- versus –
For:
BEN MINAMALAS TAXI
COMPANY and MANOY DAMAGES
KASKASERO,
Defendants.
x----------------------------------x
MOTION FOR PRELIMINARY HEARING
ON AFFIRMATIVE DEFENSES
COMES NOW, defendants BEN MINAMALAS TAXI COMPANY and
MANOY KASKASERO assisted by the undersigned counsel, unto this
Honorable Court, most respectfully states that:
In his ANSWER dated December 27, 2019, defendant alleged, as
affirmative defenses the following:
1. The truth of the matter is that on December 5, 2019, Thursday, at
about 7:35 in the morning, the area along Coland System
Technology, Inc. to Notre Dame – RVM College of Cotabato,
Sinsuat Avenue is crowded with students. The flow of traffic is
slow and traffic enforcers are present at every pedestrian lane to
guide the motorists and pedestrians. Hence, it is impossible for
the passenger taxi to hit the complainant with great impact at high
speeds; pictures attached herewith as Annexes 1-A to A-B;
2. As to the spot report specified under Paragraph 4 of the
Complaint is incomplete of the material facts and unsigned. Under
the Rules of Court, an unsigned pleading produces no legal effect;
3. As to Paragraph 5 of the Complaint, the allegations stated therein
are untrue and exorbitant because the copies attached by the
Plaintiff as Annexes “C”, “D”, “E” and “F” are unsigned documents.
The official receipts are undated, there is a lack of substantial
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amount of details as to the medications availed of, and is merely a
certification of what the complainant paid. There are no thorough
details as to the alleged injuries incurred by the Plaintiff from the
accident in absence of a medico-legal to support such claims.
Hence, such documents are mere fabrication or otherwise
maliciously obtained by the Plaintiff to collect an unconscionable
amount of money from the defendants;
4. Defendant Ben Minamalas Taxi Company exercised due diligence
on the supervision and discipline over its employees. Its
employee, defendant Manoy Kaskasero, is one of its outstanding
employee as he always exhibits extraordinary diligence in
transporting safely; certified copy of Certificate of Appreciation as
Annex “2”;
5. The alleged demand letters were not actually received by either of
the defendants, and such letters as Annexed by the Plaintiff were
unsigned;
6. That plaintiff has no cause of action against defendant because of
his failure to support its claims of both the accident and the injury
it sustained. Hence, plaintiff has no legal basis for his claim;
7. That there was failure to serve summons upon the defendants.
Such were not personally received by defendants or by any
person authorized by law to receive summons pursuant to Section
18, Rule 14 of the Rules of Court. Hence, the Regional Trial Court
did not acquire jurisdiction over the person of the defendants; and
8. That the appearance of defendants before the court to question its
jurisdiction over their person is not tantamount to voluntary
submission to the Court’s jurisdiction pursuant to Section 20, Rule
14 of the Rules of Court.
COUNTERCLAIMS
1. That by virtue of this unwarranted and malicious act initiated by
the plaintiff, defendants was forced to engage counsel in the sum
of Php50,000.00 as attorney’s fees; and
2. Similarly, the plaintiff’s unfounded suit has caused the defendants
mental anguish and suffering and public humiliation and
embarrassment, for which the defendant claims moral damages of
Php200,000.00, and exemplary damages of Php100,000.00.
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PRAYER
WHEREFORE, premises considered, it is respectfully prayed unto
this Honorable Court:
1. To dismiss the complaint for lack of jurisdiction over the person
of the defendant and lack of cause of action;
2. To dismiss the complaint for utter lack of merit and for being
baseless;
3. To order the plaintiff to pay the defendant Php50,000 for the
attorney’s fee, Php200,000 for moral damages and Php100,000
for exemplary damages; and
4. To grant other relief just and equitable under the circumstances.
Cotabato City. January 6, 2020.
Assisted by:
ATTY. ALICE MONTERO
Counsel for the Defendants
KILLER Bldg., Magallanes St., 9600 Cotabato City
Roll of Attorney No. 14141
MCLE Compliance No. V-0012345 valid until 4/20/2022
PTR No. 246810/01.05.20/Cotabato City
IBP Lifetime Member No. 022222
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NOTICE OF HEARING
The Clerk of Court
Regional Trial Court
Branch 14
Cotabato City
Atty. Maine Mendoza
3rd floor, Mondragon Bldg.,
Macapagal St., Cotabato City
GREETINGS:
Please submit the foregoing MOTION to this Honorable Court
upon filing thereof of its consideration.
ATTY. ALICE MONTERO
Counsel for the Defendants
EXPLANATION
Copy of the MOTION FOR PRELIMINARY HEARING ON
AFFIRMATIVE DEFENSES was served by registered mail due to time and
distance constraints and for lack of the undersigned’s staff who can
serve the same in person.
ATTY. ALICE MONTERO
Counsel for the Defendants
Copy furnished:
Atty. Maine Mendoza
3rd floor, Mondragon Bldg.,
Macapagal St., Cotabato City
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