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    Peter T. Buenaventura

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    Zian felix
    This document is a motion to dismiss a case due to lack of jurisdiction over the defendant and failure to state a cause of action. Specifically, it argues that (1) summons was not properly served on the defendant; (2) the defendant already paid back the money owed, so the plaintiff's claim is extinguished; and (3) the court does not have jurisdiction over the defendant. It requests that the case be dismissed and provides notice that the motion will be submitted to the court on a specified date.

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    Peter T. Buenaventura

    Uploaded by

    Zian felix
    19 views3 pages
    This document is a motion to dismiss a case due to lack of jurisdiction over the defendant and failure to state a cause of action. Specifically, it argues that (1) summons was not properly served on the defendant; (2) the defendant already paid back the money owed, so the plaintiff's claim is extinguished; and (3) the court does not have jurisdiction over the defendant. It requests that the case be dismissed and provides notice that the motion will be submitted to the court on a specified date.

    Original Description:

    PETER T. BUENAVENTURA

    Original Title

    PETER T. BUENAVENTURA

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    This document is a motion to dismiss a case due to lack of jurisdiction over the defendant and failure to state a cause of action. Specifically, it argues that (1) summons was not properly served on the defendant; (2) the defendant already paid back the money owed, so the plaintiff's claim is extinguished; and (3) the court does not have jurisdiction over the defendant. It requests that the case be dismissed and provides notice that the motion will be submitted to the court on a specified date.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    19 views3 pages

    Peter T. Buenaventura

    Uploaded by

    Zian felix
    This document is a motion to dismiss a case due to lack of jurisdiction over the defendant and failure to state a cause of action. Specifically, it argues that (1) summons was not properly served on the defendant; (2) the defendant already paid back the money owed, so the plaintiff's claim is extinguished; and (3) the court does not have jurisdiction over the defendant. It requests that the case be dismissed and provides notice that the motion will be submitted to the court on a specified date.

    Copyright:

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

    PETER T.

    BUENAVENTURA,
    Defendant.
    x----------------------------------------------/

    MOTION TO DISMISS

    DEFENDANT, by counsel and unto this Honorable Court, most


    respectfully move for the dismissal of the above-captioned case upon the
    following arguments:

    GROUNDS

    1. 1. THIS HONORABLE COURT HAS NO JURISDICTION


    OVER THE PERSONS OF THE DEFENDANTS.

    1.2. THAT THE PLEADING ASSERTING THE CLAIM


    STATES NO CAUSE OF ACTIONS.

    II

    DISCUSSIONS

    2.1. That in the case at bar, there is no showing that summons was served
    by handing a copy thereof to the defendant in person or that, at least, efforts
    were made to personally serve the summons upon said defendant.

    2.2. That there being no personal service of summons upon defendant


    nor justifiable causes for substituted service in accordance with the
    requirement of the rules, it follows that the Honorable Court has not
    acquired jurisdiction over said defendant’s person.
    2.3. That defendant had already paid the money borrowed from the
    plaintiff to the her agent t JOLLY CUBILLAN the following amounts: Php
    250,000.00 on December 1, 2014 and Php 250,000.00 on January 31, 2015.

    2.4. Thus, the Complaint fails to state a cause of action as the obligation
    sought to be enforced by the plaintiff is already extinguished

    PRAYER

    WHEREFORE, defendants respectfully pray that the herein complaint be


    ordered dismissed on the ground of lack of jurisdiction over the persons of
    the defendants and/or for failure of the plaintiff to state a cause of action.

    Other Relief, just and equitable are also prayed for.

    Page 1 of 3
    MOST RESPECTFULLY SUBMITTED.

    Surigao City, Philippines, 6 February 2015.

    RALNA DYAN T. FLORANO


    Roll No. 82489
    Counsel for the Defendant
    PTR No. 2408989, 1-07-13, Surigao City
    IBP Lifetime No. 092417
    MCLE Compliance No. III-0002453
    FLORANO LAW OFFICE
    1703 M. Ortiz St., Brgy. Washington, Surigao City

    COPY FURNISHED:

    ATTY. SEAN E. RAMOS


    Counsel for the Plaintiff
    Navarro Street, Brgy. Washington, Surigao City

    NOTICE OF HEARING

    THE BRANCH CLERK OF COURT


    Regional Trial Court
    10th Judicial Region
    Surigao City, Branch 29

    ATTY. SEAN E. RAMOS


    Counsel for the Plaintiff
    Navarro Street, Brgy. Washington, Surigao City

    Page 2 of 3
    Please take notice that on Friday, 20 February 2015, at 2:00 o’clock in
    the afternoon or thereabouts, or as soon as this may be calendared for
    hearing, the undersigned counsel will submit the foregoing Motion for the
    consideration and approval of this Honorable Court.

    RALNA DYAN T. FLORANO

    EXPLAINATION ON SERVICE BY REGISTERED MAIL

    Copies of the Motion were furnished to the prosecution and filed with
    this Honorable Court via registered mail due to lack of messengerial
    personnel. This is in compliance with Section 11, Rule 13 of the Rules of
    Court.

    RALNA DYAN T.
    FLORANO

    Page 3 of 3

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