12. The allegations in this paragraph LACKS A CASUE OF ACTION.

TUADES failed to attach her actionable

document as the basis of her UNLIQUIDATED DAMAGES on the death of her husband. The complaint has
not appended any receipts for hospital bills, funeral, burial expenses and the like. Hence, general
averments are insufficient in order to claim damages thereto. As a consequence, the venue is
improperly laid. Therefore, the venue is jurisdictionally defective. Where there is failure to ascertain the
totality of the unliquidated damages claimed, such claim is without merit for it must be properly
pleaded and proven. Failure to do so is fatal to such claim, thus, committed a violation on Rules on
venue.

13. DENIED. The allegations in this paragraph lacks knowledge and information sufficient to form belief
as to the veracity or falsity thereof, the allegations therein being matters known only to and are within
the control of the plaintiff TUALDES.

14. DENIED. Lacks knowledge or information to form a belief as to the truth.

FAILURE TO COMPLY CONDITIONS PRECEDENT, FALSE VERIFICATION WITHOUT PREJUDICE FOR

PERJURY

15. DENIED. The allegations in this paragraph failed to establish a condition precedent of Barangay
Conciliation Proceedings nor given Certificate to file action. Thus, the alleged Attempted Amicable
Settlement is beret of merit where no such thing occurred. It would be highly unlikely for CRUZ to enter
as such much less agree to the terms thereof when apparently he is not liable to pay for damages nor
solidarily liable thereto. Just because he is the registered owner of the subject vehicle involved in the
incident but it does not mean automatic assumption of liability. More so, CRUZ cannot be held negligent
therein where there is established bailment relationship between him and the repair shop owner long
before the date of the incident. Thus, plaintiff TUALDES can be held liable for PERJURY when such
statement was made under oath, where in truth and in fact such allegations where bereft of veracity
correctness and truthfulness.

16. DENIED. Lacks knowledge or information to form a belief as to the truth.