8 th Judicial Region Branch 19 Catarman, Northern Samar
Julius D. Fodra and Kristine Gallardo-Fodra, Civil Case No. 27643 Plaintiff, accompanied by their Attorney-in-fact, for: Damages, Loss Atty. Joelyn Soldevilla-Biag earning capacity, Moral Damages, Attorneys Fees
-versus-
Gladys Marie Hechanova representing Her son Rey Hechanova Defendant
DEFENDANT, by counsel, respectfully submits this answer in substantiation on her plea to lower the amount for damages prayed for by the plaintiff, to wit: 1. Defendant Gladys Marie C. Hechanova, of legal age, single and a resident of University of Eastern Philippines, Catarman Northern Samar. 2. Herein named defendant acts as representative of her son, Rey Hechanova, 17 years of age. 3. That sometime in in the morning of March 1, 2014, my son Rey Hechanova allegedly slightly hit the couple, Julius and Kristine Gallardo-Fodra by his motorcycle as they passed by our gate. 4. That on that fateful morning, my son Rey honked the horn of the motorcycle before slowly driving out of our gate. 5. That it was not the intention of my son Rey Hechanova, to hit the passersby considering that he honked the motorbikes horn before slowly driving out of the gate, thus taking in consideration the presence or crossing of would-be passers-by. 6. That the unfortunate accident happened not only due to my sons negligence but as well as the couples sense of safety awareness as they should have been aware of the motorbikes honks. 7. That the negligence of the plaintiffs in not noticing the motorbikes honks negates the cause of action. Hence, there is no cause of action.
PRAYER
WHEREFORE, it is respectfully prayed for of this Honorable Court that judgment be rendered in favor of the defendant and the dismissal of the case. Defendant likewise prays for costs and for such other relief as this Honorable Court may deem just and equitable in the premises.
IN WITNESS WHEREOF, I Atty. Mikhael S. Dagutdot, counsel of the defendant, hereunto set my hand this 5 th day of March in the year 2014 at Catarman, Northern Samar, Philippines.
ATTY. MIKHAEL S. DAGUTDOT COUNSEL PTR No. 17689595:1-04-07:B.C. IBP No. 692955:1-04-07:B.C. Roll No. 08581:5-10-97