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    4 Municipal Circuit Trial Court Maigo-Bacolod-Munai

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    Alfons Janssen Alpoy Marcera
    This document is a motion to dismiss a criminal case on the grounds that the summons was improperly served. Specifically, it argues that serving the summons on "Maria Clara, an authorized personnel", did not comply with the rules requiring service be made on specific corporate officers like the president or corporate secretary. It provides background on the relevant rules and explains how the new more limited rules on service were not followed. The motion requests that the case be dismissed due to lack of jurisdiction over the defendant resulting from improper service of the summons.

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    4 Municipal Circuit Trial Court Maigo-Bacolod-Munai

    Uploaded by

    Alfons Janssen Alpoy Marcera
    96 views3 pages
    This document is a motion to dismiss a criminal case on the grounds that the summons was improperly served. Specifically, it argues that serving the summons on "Maria Clara, an authorized personnel", did not comply with the rules requiring service be made on specific corporate officers like the president or corporate secretary. It provides background on the relevant rules and explains how the new more limited rules on service were not followed. The motion requests that the case be dismissed due to lack of jurisdiction over the defendant resulting from improper service of the summons.

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    Motion to Dismiss

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    This document is a motion to dismiss a criminal case on the grounds that the summons was improperly served. Specifically, it argues that serving the summons on "Maria Clara, an authorized personnel", did not comply with the rules requiring service be made on specific corporate officers like the president or corporate secretary. It provides background on the relevant rules and explains how the new more limited rules on service were not followed. The motion requests that the case be dismissed due to lack of jurisdiction over the defendant resulting from improper service of the summons.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    96 views3 pages

    4 Municipal Circuit Trial Court Maigo-Bacolod-Munai

    Uploaded by

    Alfons Janssen Alpoy Marcera
    This document is a motion to dismiss a criminal case on the grounds that the summons was improperly served. Specifically, it argues that serving the summons on "Maria Clara, an authorized personnel", did not comply with the rules requiring service be made on specific corporate officers like the president or corporate secretary. It provides background on the relevant rules and explains how the new more limited rules on service were not followed. The motion requests that the case be dismissed due to lack of jurisdiction over the defendant resulting from improper service of the summons.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Republic of the Philippines

    Province of Lanao del Norte


    4th Municipal Circuit Trial Court
    Maigo-Bacolod-Munai
    12th Judicial Region
    Bacolod, Lanao del Norte

    PEOPLE OF THE PHILIPPINES,

    Plaintiff,

    - versus - Criminal Case No. 2115-N

    For: Reckless Imprudence


    Resulting to Homicide

    EDBYRON BULAC y GENGOS

    Accused.

    X ------------------------------------------ X

    MOTION TO DISMISS

    COMES NOW the accused Edbyron G. Bulac through the


    undersigned counsel, and to this Honorable Court, most respectfully
    moves for the dismissal of the Information on the following ground that
    THE ________________________________

    DISCUSSION

    A cursory reading of the Summons and Return of Service would


    readily show that the copies of the Summons dated 08 May 2001 and the
    Complaint and its corresponding annexes were allegedly delivered and
    tendered upon the Movant _____________ INC. through a certain Maria
    Clara alleged to be the authorized personnel of Movant _____________
    INC., Bacolod City on 29 August 2001. Copies of the said Summons and
    Return of Service that form part of the records on the case are hereto
    pleaded as integral part of this Motion;

    Said service of Summons, however, constitutes an improper service of


    summons amounting to lack of jurisdiction over the person of the herein
    Movant Corporation _____________ INC. since the summons was
    improperly served upon a person who is not one of those persons named
    or enumerated in Section 11, Rule 14 of the 1997 Rules of Civil Procedure
    upon whom service of summons shall be made;

    The material provision on the service of summons provided for in Section


    11 of Rule 14 of the 1997 Rules of Civil Procedure reads as follows:

    "Section 11. Service upon domestic private juridical entity.- When the
    defendant is a corporation, partnership or association organized under the
    laws of the Philippines with a juridical personality, service may be made
    on the president, managing partner, general manager, corporate secretary,
    treasurer, or in-house counsel" (underscoring ours)

    It bears no further emphasis that the service of the summons was done on a
    person who is not included in the exclusive enumeration provided for
    under the said Section, as service was done only on an alleged authorized
    personnel of the Movant Corporation;

    This new revision of the Rules of Court for the service of summon is a clear
    departure from the old rule as stated in Section 13, Rule 14 of the Rules of
    Court which provided that:

    "SECTION 13.Service upon private domestic corporation or partnership. -


    If the defendant is a corporation organized under the laws of the
    Philippines or a partnership duly registered, service may be made on the
    president, manager, secretary, cashier, agent, or any of its directors."

    It must be equally noted that the changes in the new rules are substantial
    and not just general semantics as the new rules restricted the service of
    summons on persons clearly enumerated therein. In effect, the new
    provision makes it more specific and clear such that in the case of the word
    "manager", it was made more precise and changed to "general manager",
    "secretary" to "corporate secretary", and excluding therefrom agent and
    director;

    The designation of persons or officers who are authorized to accept


    summons for a domestic corporation or partnership is under the new rules,
    limited and more clearly specified, departure from which is fatal to the
    validity of the service of the summons and resulting in the failure of the
    court to acquire jurisdiction over the person of the respondent corporation.

    PRAYER

    WHEREFORE, it is respectfully prayed that the Complaint with


    respect to the Movant Corporation be dismissed for lack of jurisdiction
    over the person of the defendant.

    Other reliefs just and equitable are likewise prayed for.

    _____________, Philippines, __Date__.

    (COUNSEL)

    (NOTICE OF HEARING)

    (EXPLANATION)

    COPY FURNISHED:

    OPPOSING COUNSEL

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