Republic of the Philippines

Department of Transportation
LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
East Avenue, Quezon City

PILAR – AYALA SHUTTLE OPERATOR’S

& DRIVER’S ASSOCIATION, INC., IRS NO. 048427
Respondent.
x---------------------------------------------------x

ANSWER

COMES NOW the undersigned, MR. JUAL A. COMILANG,

authorized driver and representative of Respondent – Operator of a

SHUTTLE with unit bearing Plate No. AA1 – 6725, hereby respectfully

submits this pleading contesting the Apprehension Report, dated 4-13-

18 filed by the apprehending officer, Christopher D. Costales, and states:

1. That the undersigned received the SHOW CAUSE ORDER issued

by this Honorable Board, dated April 24, 2018, stating in part, to wit:

“x x x ordered to SHOW CAUSE in writing for the violation of

COLORUM and submit his/her Answer if Admitted or Contested
within five (5) days from receipt x x x”

2. That the instant case was brought about by the Apprehension

Report, dated 4-13-18 filed by the apprehending officer, Christopher D.

Costales, falsely and erroneously indicating therein that herein

respondent committed the following violations, to wit:

“Colorum x x x operating as UV Express; operating differently

from denomination; no proper authority issued from the Board”

3. That the aforementioned accusations of the apprehending

officer, Christopher D. Costales, who is supposed to be knowledeable and

competent to exercise sound discretion, are mere suppositions and

conjectures founded on erroneous conclusions;

4. That the apprehending officer disregarded the documentary

evidences presented by herein respondent immediately after the latter

was made to stop by the former, supposedly for verification purposes.

The said documentary evidences are as follows, to wit:

a] A copy of the Decision in Case No. NCR-98-01072 rendered by this

Honorable Board, approving the respondents application for a Certificate
of Public Convenience which is valid up to Februiary 18, 2021. A copy of
which is hereto attached as Annex “A” to “A-1” and made an integral
part hereof.

b] A copy of the Certificate of Registration with No. 196595383

together with Official Receipt No. 1143416330, dated June 30, 2017,
for the payment of the vehicle registration fees, wherein it was clearly
indicated that the same is FOR HIRE. A copy of which is hereto attached
as Annex “B” and made an integral part hereof.

c] A copy of the Memorandum of Agreement between the Respondents

and Pilar Village Homeowners Association, dated January 16, 2018,
making the respondents as the duly authorized shuttle service provider
for the residents of Pilar Village to Makati City. A copy of which is hereto
attached as Annex “C” to “C-2” and made an integral part hereof.

d] A copy of the Authorization issued by the PUVRC District Office of

the Land Transportation Office, allowing the use of improvised number
AAI6725 pending the issuance of its corresponding yellow plate. A copy
of which is hereto attached as Annex “D” and made an integral part
hereof.

5. That an elementary review of the foregoing documents will

clearly show that there is no valid cause, or logical reason for the

apprehending officer to conclude that herein respondent’s vehicle is a

colorum. To make matter worst, and obviously to justify his prior false

and erroneous charges, the said apprehending officer further concluded

that herein respondent is “operating as UV Express. Operating

differently from its denomination, no proper authority from the

Board”. The latter charges is obviously an after thought to justify his

previous erroneous and baseless charge of colorum;

 6. That the apprehending officer was so confident of his decision to

apprehend and impound the respondents vehicle that he did not even

bother, or find it necessary, to provide the necessary evidence or basis of

how he arrive at such decision;

7. That although the Board is not bound by the strict Rules of

Procedure and technical rules of evidence in the conduct of its hearings,

substantial evidence is still necessary to establish a fact or such amount

of evidence which is relevant to the fact in issue that a reasonable mind

might accept to be adequate to justify or support a finding or

conclusion1;

COUNTER-CLAIM

8. That the unlawful act of the apprehending officer in making the

malicious and fraudulent accusations against the undersigned

respondent, resulting in the baseless impounding of herein respondents

motor vehicle, is obviously a clear manifestation of his incompetence and

ignorance of the law he is supposed to implement, have caused herein

respondent and his family physical suffering, mental anguish, fright,

serious anxiety, besmirched reputation, wounded feelings, moral shock,

and social humiliation entitling the respondent herein to be awarded

moral damages in the amount of PhP100,000.00;

9. That by way of example or correction for the public good in order

to deter the apprehending officer to repeat the same act and others who

have similar malicious inclination from committing similar nefarious

schemes, the apprehending officer should be made to pay the respondent

herein exemplary damages in the amount of PhP100,000.00;

1Section 4, Rule 22 , 2011 Revised Rules of Practice and Procedure before the Land
Transportation Franchising and Regulatory Board
 10. That the filing of the baseless charges and accusations against

the respondent, which is obviously whimsical, capricious, and baseless

has compelled the respondent herein to incur expenses in order to

protect his interest thereby entitling him to be awarded attorney’s fee in

the amount of PhP100,000.00;

13. That the apprehending officer should be made to shoulder all

the incidental expenses for the return into the custody of the respondent

herein his impounded vehicle, in addition to the cost of damages suffered

by the said impounded vehicle, if any;

WHEREFORE, premises above considered, it is most respectfully

prayed of this Honorable Board that the instant action be resolved in

favor of the respondent whereby an Order be issued completely absolving

the respondent herein of any fault and/or liability, as well as granting

the counter-claims of the respondent herein particularly Ordering the

apprehending officer to pay herein respondent the following:

1. Moral damages in the amount of PhP100,000.00;

2. Exemplary damages in the amount PhP100,000.00;

3. Attorney’s fee in the amount of PhP100,000.00; and

4. Costs of suit and other incidental expenses.

Other reliefs and remedies that are just and equitable under the

premises are also prayed for.

Las Pinas City for Quezon City, May 4, 2018.

JUAL A. COMILANG
Authorized Representative
of Respondent operator of Shuttle
unit with Plate No. AA1 – 6725
 VERIFICATION
I, the undersigned affiant, is of legal age, Filipino Citizen, with
postal address at Pilar – Ayala Shuttle Operators and Drivers
Association, Inc., and after having been duly sworn to in accordance with
law, hereby depose and say:

That I am the authorized driver and representative of Respondent –

Operator of a SHUTTLE with unit bearing Plate No. AA1 – 6725 in IRS
No. 04827 which is currently pending before the Land Transportation
Franchising and Regulatory Board;

That I have caused the preparation and filing of the foregoing

answer;

That I have read and understood the contents of the same, and
that to the best of my personal knowledge, the allegations stated therein
are true and correct;

That this instrument is hereby executed to attest to the veracity of

the foregoing statement, and for whatever purpose/s this document may
be of legal worth

JUAL A.COMILANG
Affiant

REPUBLIC OF THE PHILIPPINES}

LAS PINAS CITY }S.S.

SUBSCRIBED AND SWORN TO before me this _________ at

_________________, affiant exhibited to me his Drivers License with No.
____________, issued at __________________ and valid until ______________.

Doc. No.
Page No.
Book No.
Series of 2018.