REPUBLIC OF THE PHILIPPINES

[REGION]
[COURT]
[BRANCH], [CITY]

[NAME],
Plaintiff,
CIVIL CASE No. ___________

- versus - FOR: DAMAGES BASED ON

BREACH OF CONTRACT OF
CARRIAGE

[NAME COMMON CARRIER OPERATOR],

represented by its [President][Name],
Defendant.

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

ANSWER
(TO COMPLAINT FOR DAMAGES BASED ON
BREACH OF CONTRACT OF CARRIAGE)

DEFENDANT, by counsel, respectfully states that:

ADMISSIONS/DENIALS

1. Defendant admits the contents of paragraph 1 only insofar as it

states the names, status, and residences of the parties but specifically
denies the rest thereof for lack of knowledge sufficient to form a reasonable
belief as to its truth or falseness.

2. Defendant admits the contents of paragraph 2 only where it states

that defendant is the owner and operator of [Bus No. XXXX] driven by [Name
of driver] but specifically denies the rest thereof for lack of knowledge
sufficient to form a reasonable belief as to its truth or falseness.

A defendant must specify each material allegation of fact the truth of which
he does not admit and, whenever practicable, shall set forth the substance of
the matters upon which he relies to support his denial. Where a defendant
desires to deny only a part of an averment, he shall specify so much of it as
is true and material and shall deny only the remainder. Where a defendant is
without knowledge or information sufficient to form a belief as to the truth of
a material averment made in the complaint, he shall so state, and this shall
have the effect of a denial. [Section 10, Rule 8, Rules of Court]

3. Defendant specifically denies [under oath] the execution and

authenticity of [the document], Annex “___” of the complaint, for the reason
that neither defendant nor any of its representatives executed, issued, nor
signed the same.

In certain cases, the specific denial must be made under oath, and in these
instances, a mere specific denial is not enough to produce the kind of denial
required under the Rules of Court. One example is in case of denial of an
actionable document [Section 8, Rule 8, Rules of Court] However, the failure to
 deny the genuineness and due execution of an actionable document does not
preclude a party from arguing against it by evidence of fraud, mistake,
compromise, payment, statute of limitations, estoppel, and want of
consideration. [Acabal v. Acabal, G.R. No. 148376, March 31, 2005]

4. Defendant specifically denies the contents of paragraphs 4 to 6 for

the reasons stated in the Affirmative and Negative Defenses below.

AFFIRMATIVE AND NEGATIVE DEFENSES

5. Defendant reiterates, repleads and incorporates by reference all

the foregoing insofar as they are material and additionally submit that the
Complaint should be dismissed because:

5.1. [State Defenses]

5.2 [State Defenses]

Defenses may either be negative or affirmative:

A negative defense is the specific denial of the material fact or facts alleged in
the pleading of the claimant essential to his cause or causes of action.

An affirmative defense is an allegation of a new matter which, while

hypothetically admitting the material allegations in the pleading of the
claimant, would nevertheless prevent or bar recovery by him. The affirmative
defenses include fraud, statute of limitations, release, payment, illegality,
statute of frauds, estoppel, former recovery, discharge in bankruptcy, and
any other matter by way of confession and avoidance.

[see Sec 5, Rule 6, Rules of Court]

WHEREFORE, Defendant respectfully prays that judgment be

rendered in his favor by dismissing the Complaint, with prejudice, and with
all costs borne by the plaintiff.

Other just and equitable reliefs are prayed for.

[Place] ____________; [Date] __________.

[SIGNATURE]
[Name of Counsel]
Counsel for Defendant
[Address] ___________
Roll No. ____________
IBP No. _____________
issued on ________ at _____
PTR No. _____________
issued on ________ at _____
MCLE Compliance _________
 VERIFICATION

Defendant [Name], by himself and as [President of Corporation], after

having been duly sworn, deposes and states that:

1. That he has caused the preparation of the foregoing Answer with

defenses, and the allegations therein are true and correct of his personal
knowledge and/or based on authentic records.

2. He further states that the [Actionable Document], Annex “__” of the

Complaint, is [spurious for being fabricated and false, and not executed,
issued, nor signed by the defendant nor any of his/its duly authorized
representatives].

Executed this ___ day of [Month and Year] at [Place].

SUBSCRIBED AND SWORN TO before me in the City of [Place] on

this day of [Month and Year], affiant exhibiting before me his [Government
Issued ID Type and No.] issued on [Date of Issuance] at [Place Of Issuance].

[Signature]
[Name] _________________
Notary Public
Until [Date]__________________
PTR No. [Number] ____________
Issued at [Place]______________
On [Date] ___________________

Doc. No.
Page No.
Book No.
Series of 20 _____.

PROOF OF SERVICE

[USE THE FOLLOWING IF SERVICE IS MADE PERSONALLY]

Copy furnished through personal service:

[Name of Counsel] __________________

Counsel for the Plaintiff/Respondent
[Firm Name] _______________
[Address] ________________

AFFIDAVIT

Republic of the Philippines )

City of _______________ ) s.s.

I, [Name] _____ , of legal age and having been duly sworn, depose and
state that:
 I am the messenger of [Name of Counsel or Law Firm] with office
address at [Address] __________________, counsel on record for __________ in
the case entitled _____ [Case Title] ___, Civil Case No ________, G.R. No.
______, and as such messenger, I served upon the counsel of adverse party
and other parties, the petition (or motion or other pleading) filed in said case
as follows:

___[Name of Counsel or Law Firm]__, counsel of record for __

[Respondent] ___, by personal service by delivering personally copy of said
the petition (or motion or other pleading) upon said lawyer, who
acknowledged receipt thereof [or who acknowledged the same though his
receiving secretary] as shown by his signature or initials on said pleading,
this __ [Date]__, 20___.

Note: if no person is found in his office, or if his office is not known, or

he has no office, then service is made by leaving a copy, between the hours of
eight in the morning and six in the evening, at the party’s or counsel’s
residence, if known, with a person of sufficient age and discretion then
residing therein.

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on

[DATE] ________________, in the City of [CITY] _____________, Philippines.

[Signature]
[Name] _________________
Affiant

[USE THE FOLLOWING IF SERVICE IS NOT MADE PERSONALLY]

Copy furnished through registered mail:

[Name of Counsel] __________________

Counsel for the Respondent/Plaintiff
[Firm Name] _______________
[Address] ________________
Registry Receipt No. ________
Post Office ________________
Date _____________________

EXPLANATION

The foregoing [Answer] and its attachment were served on [Name of

Counsel] ________________ by registered mail instead of personal service as
counsel for Respondent for the reason that [state reason]
___________________.

[Signature]
[Name] _________________
 AFFIDAVIT

Republic of the Philippines )

City of _______________ ) s.s.

I, [Name] _____ , a messenger of [Name of Counsel], with office address

at [Address] __________________, after being duly sworn, deposes and states:

That on [Date] ______________________, I served a copy of the following

pleadings/papers by registered mail in accordance with Section 10, Rule 13
of the Rules of Court:

Nature of Pleading/Paper
[STATE PLEADING/PAPER SENT]
________________________

in Case No. [CASE NUMBER] _________________ entitled [TITLE OF CASE]

____________________ by depositing a copy in the post office in a sealed
envelope, plainly addressed to [NAME OF PARTY/ATTORNEY]
_______________ at _______________ with postage fully paid, as evidenced by
Registry Receipt No. _____________________ attached and with instructions to
the post master to return the mail to sender after ten (10) days if
undelivered.

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on

[DATE] ________________, in the City of [CITY] _____________, Philippines.

[Signature]
[Name] _________________
Affiant

SUBSCRIBED AND SWORN TO before me in the City of

_______________ on this _______ day of [Month], 20____, affiant exhibiting
before me his Government Issued ID No. _______________ issued on
[Date]__________________ at [Place of Issuance]_____________________.

[Signature]
[Name] _________________
Notary Public
Until [Date]__________________
PTR No. [Number] ____________
Issued at [Place]______________
On [Date] ___________________

Doc. No.
Page No.
Book No.
Series of 20 _____.