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    Motion To Dismiss

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    Phrexilyn Pajarillo
    Defendant ABC Corporation filed a motion to dismiss the complaint on the grounds that: 1) Summons was not properly served on the defendant as required by the rules, so the court does not have jurisdiction over the defendant. 2) Summons must be served on specific high-level individuals of a corporate defendant like the president or general manager, but there is no evidence summons was served on any such person for defendant ABC Corporation. 3) Without proper service of summons, the court has not acquired jurisdiction over the defendant. The defendant requests that the complaint be dismissed due to lack of jurisdiction over the defendant.

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    Motion To Dismiss

    Uploaded by

    Phrexilyn Pajarillo
    70 views2 pages
    Defendant ABC Corporation filed a motion to dismiss the complaint on the grounds that: 1) Summons was not properly served on the defendant as required by the rules, so the court does not have jurisdiction over the defendant. 2) Summons must be served on specific high-level individuals of a corporate defendant like the president or general manager, but there is no evidence summons was served on any such person for defendant ABC Corporation. 3) Without proper service of summons, the court has not acquired jurisdiction over the defendant. The defendant requests that the complaint be dismissed due to lack of jurisdiction over the defendant.

    Original Title

    10. Motion to Dismiss

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    Defendant ABC Corporation filed a motion to dismiss the complaint on the grounds that: 1) Summons was not properly served on the defendant as required by the rules, so the court does not have jurisdiction over the defendant. 2) Summons must be served on specific high-level individuals of a corporate defendant like the president or general manager, but there is no evidence summons was served on any such person for defendant ABC Corporation. 3) Without proper service of summons, the court has not acquired jurisdiction over the defendant. The defendant requests that the complaint be dismissed due to lack of jurisdiction over the defendant.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    70 views2 pages

    Motion To Dismiss

    Uploaded by

    Phrexilyn Pajarillo
    Defendant ABC Corporation filed a motion to dismiss the complaint on the grounds that: 1) Summons was not properly served on the defendant as required by the rules, so the court does not have jurisdiction over the defendant. 2) Summons must be served on specific high-level individuals of a corporate defendant like the president or general manager, but there is no evidence summons was served on any such person for defendant ABC Corporation. 3) Without proper service of summons, the court has not acquired jurisdiction over the defendant. The defendant requests that the complaint be dismissed due to lack of jurisdiction over the defendant.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT OF ILOCOS SUR


    First Judicial Region

    JUAN TAMAD
    Plaintiff, CIVIL CASE NO. 1010
    FOR: SUM OF MONEY
    -versus-

    ABC CORPORATION
    Defendant.
    x-------------------------------------x

    MOTION TO DISMISS

    Defendant, by the undersigned counsel and to this Honorable Court, respectfully moves
    for dismissal of the complaint on the following grounds:
    1. Summons was not served upon defendant ABC Corporation as mandated by the Rules.
    Hence Honorable Court has no jurisdiction over its person;
    2. Where a defendant is a private juridical entity like defendant Ban Goza Corporation,
    Section 12, Rule 14 of the Revised Rules of Court provides that service of summons may
    be made either on the president, managing partner, general manager, corporate secretary,
    treasurer or in house counsel.
    3. In the case at bar, there is no showing that summons was served either on defendant
    AV Corporation’s president, managing partner, general manager, corporate secretary,
    treasurer, or in-house counsel, or that, at least, efforts were made to serve the summons
    upon said persons.
    4. There being no service of summons upon defendant AV Corporation in accordance
    with the requirement of the rules, it follows that this Honorable Court has not acquired
    jurisdiction over said defendant’s person.
    5. That this motion is not intended for delay, much less to take for granted or disobey the
    legal processes of this Honorable Court.
    PRAYER
    WHEREFORE, it is respectfully prayed that the Complaint be dismissed on the ground of
    lack of jurisdiction over the person of the defendant.
    April 20, 2021, Vigan City, Ilocos Sur, Philippines.
    (Sgd.)
    PHREXILYN PAJRILLO
    Counsel for the Defendant
    Balaleng, Bantay, Ilocos Sur
    Roll of Attorney No. 12345

    Page 1 of 2
    IBP No. 12345/2-5-21
    PTR No. 87654/12-22-20
    MCLE Compliance No.: _____
    Email Add: [email protected]
    C.P. No.: 09173456789

    NOTICE OF HEARING

    Copy furnished thru Personal Service:


    ABCEE
    Counsel for the Plaintiff
    Brgy 1, Vigan City (2700), Ilocos Sur

    PROOF OF SERVICE

    Page 2 of 2

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