ANSWER With Counterclaim

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT

PASAY CITY
Branch 28
MARIA REMEDIOS RASONABLE,

Complainant, Civil Case. No. 100000
versus -
DONALD CURTIS STEVENS,

Defendant.
x---------------------------------x
ANSWER
(With Counterclaim)
COMES NOW, the Respondent, through the undersigned
counsel and unto this Honorable Court, most respectfully
avers that:
1. Respondent is a truck driver of AVON Cosmetics, a
corporation duly organized and existing under the laws
of the Republic of the Philippines. AVON Cosmetics is
engaged in the business of beauty products and ready-
to-wear items.
2. Complainant, MARIA REMEDIOS RASONABLE,

accused said respondent of being responsible for her
sustained serious injuries to the legs, head, and waist,
broken rib and spine and incapacity to walk for life, in
relation to a road accident on August 1, 2018 at
Merville Access Road at around 1AM.
3. Respondent DENIES Rasonable’s accusations and

SPECIFICALLY DENIES the following paragraph for
being absolute falsities:
3.1. Paragraph [4.2] in so far as it alleged that upon

seeing her, I immediately went back to my truck
and ran away.
4. The true events that transpired are as follows:

4.1. I came from Cabuyao, Laguna on the night of July
31, 2018 after delivering items for AVON
Cosmetics outlet in the area. The transfer of items
1
from my truck to the warehouse ended at
11:00pm. I left at around 11:30 p.m. and reached
Merville at around 1:00 a.m. of August 1, 2018.
4.2. It was around that time when I started

experiencing stiffness of my arms, neck and legs;
that when I reached the Access Road, I failed to
turn the steering wheel properly or to hit the
brakes. This caused me to bump into some series
of street stalls.
4.3. The truck stopped after hitting the stalls. I tried to

give myself some time to recover from the
stiffness that my body was experiencing.
4.4. I went down from the truck to see the damages

that I have caused. Upon seeing that no person
was hit, I felt that I need to see a doctor at that
time to check on me so I left the area with the
thought of returning in the morning to pay for
whatever damages I have incurred.
4.5. I immediately drove to the nearest hospital

emergency room of Ospital ng Parañaque located
at Quirino Ave., Parañaque City. They gave me
temporary medications to address my situation
and they advised me to seek professional help in
the Philippine General Hospital. The following
morning of August 1, 2018, I asked permission
from my employer to take the day off for my
medical check-up at the Philippine General
Hospital.
4.6. Few days later, I received a diagnosis from Dr.

Horacio Barameda that I have Parkinson’s
disease. Attached herewith is the medical record
and diagnosis as Exhibits of the said disease
which explains the stiffness of my body during the
incident.
5. The Complainant failed to state a cause of action

because no right was alleged to be violated by the
herein Respondent. Corollarily, Stevens does not have
a correlative obligation to answer for the damages
suffered by the Complainant.
5.1 The witness presented by the Complainant failed to
identify the actual vehicle that caused the alleged
injuries of the Complainant.
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5.2 The witness could not have identified Respondent
due to the lack of street lights found in Merville Access
Road.
6. The Complaint was filed in an improper venue.
6.1 The Complainant is a resident of Parañaque City.
6.2 The alleged injury took place in Parañaque City.
7. Rule 16, Section 1 (c) and (g) provides respectively

that the venue is improperly laid and that the pleading
asserting the claim states no cause of action, which are
grounds to dismiss the action.
WHEREFORE, the defendant respectfully prays

that the complaint be dismissed with costs against the
plaintiff. Other relief and remedies as may be deemed just
and equitable under the premises are likewise prayed for.
Paranaque City, August 24, 2018, for Pasay.
TVWZ Law
Counsel for the Defendant
Unit 18 Adriatico Plaza, Adriatico
St. Malate, Manila City 1234
Tel No. (02) 655-3355
By:
MARTIN VILLADOLID
Roll No. 12345, 4/27/2018
IBP Lifetime Member No. 1907
IBP Pasay Chapter
PTR 1016909, 1/7/2020, Pasay
City
MCLE Compliance No. IV-1326,
2/3/2020
Copy Furnished:
DEL ROSARIO, NAVAL & SOLIS LAW OFFICES
Counsel for the Complainant
Unit 15, Star Arcade. C.V. Starr Ave.
Philamlife Village, Pasay City 1740
Tel. No. 8433892; Fax No. 92019
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

MARIA REMEDIOS RASONABLE,

DONALD CURTIS STEVENS,

2. Complainant, MARIA REMEDIOS RASONABLE,

3. Respondent DENIES Rasonable’s accusations and

3.1. Paragraph [4.2] in so far as it alleged that upon

4. The true events that transpired are as follows:

4.2. It was around that time when I started

4.3. The truck stopped after hitting the stalls. I tried to

4.4. I went down from the truck to see the damages

4.5. I immediately drove to the nearest hospital

4.6. Few days later, I received a diagnosis from Dr.

5. The Complainant failed to state a cause of action

6. The Complaint was filed in an improper venue.

6.1 The Complainant is a resident of Parañaque City.

6.2 The alleged injury took place in Parañaque City.

7. Rule 16, Section 1 (c) and (g) provides respectively

WHEREFORE, the defendant respectfully prays

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