Motion To Dismiss Sample 6b142s

Republic of the Philippines Regional Trial Court Second Judicial Region Tuguegarao City GLADYLOU RAMOS Plaintiff

CIVIL CASE NO: 12345 FOR: COLLECTION OF SUM OF MONEY

-versusGLORIA DELA CRUZ Defendant x-----------------x MOTION TO DISMISS DEFENDANT, through his counsel, move that the complaint in this case be dismissed, and in thereof, respectfully alleges: 1. That the court has no jurisdiction of the of the defendant and/or of the subject matter of the action, for the reason that at the outset, it must be pointed out that as per request made by plaintiff, defendant just signed the promissory note to accommodate his friend and that proceeds of the loan subject of the above mentioned promissory note went to her friend Juliet Pulio and not to the defendant; 2. This fact was not unknown to plaintiff since she was the one who proposed the said arrangements; 3. Hence, if at all plaintiff should go after Juliet Pulio and not after herein defendant; 4. Nevertheless, if only to establish the fact that the instant suit is patently baseless and ungrounded and that plaintiff maliciously instituted the same defendant deems it necessary to set-up the following defense; 5. In addition to the full settlement of the Php 350,000.00 plaintiff seeks to collect from defendant by virtue of the instant case on ground of defective Certificate of Non-forum shopping; 6. A perusal of the Verification and Certification against Forum Shopping attached to the complaint readily reveals that the same is not subscribed nor sworn in violation of the istrative Circular No. 09-94 which states in pertinent parts:

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“The plaintiff, petitioner, applicant or principal party seeking relief in the complaint, petition, application or other initiatory pleadings shall certify under oath in such original pleadings, or in a sworn certification annexed therto and simultaneously filed therewith, to the truth of the following facts and undertakings: (a) he has not heretofore commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; (b) to the best of his knowledge, no such action of proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; (c) if there is any such action or proceeding which is either pending or may have been terminated, he must state the status thereof; and, (d) if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals or any other tribunal or agency, he undertakes to report that fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed. xxxxxxxxx Any violation of this Circular shall be cause for the dismissal of the of the complaint, petition, application or other initiatory pleading, upon motion and after hearing. Under scoring ours. 7. It is clear from the foregoing that compliant in the instant case is fatally defective which cannot be cured by mere amendment; 8. This being the case the complaint in the instant case should be dismissed even on this ground alone. WHEREFORE, defendant prays that the complaint be dismissed, with cost against the plaintiff.

ATTY. RAMBEE G. AGGABAO Counsel for the Defendant

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The Clerk of Court Regional Trial Court Greetings! Please submit the foregoing motion for the consideration and approval of this Honorable Court immediately upon receipt hereof.

ATTY. RAMBEE G. AGGABAO

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VERIFICATION I, GLORIA DELA CRUZ, of legal age and a resident of Tuguegarao City, after having been duly sworn to in accordance with law hereby depose and state that: 1. I am the defendant in Civil Case No. 12345 pending before the Regional Trial Court, Branch ___, Tuguegarao City and which is the subject of the present case. 2. I have caused the preparation and filing of the foregoing Motion to Dismiss. 3. I have read the contents thereof and that the same are true based on my own personal knowledge and on documents and records in my possession.

GLORIA DELA CRUZ Affiant Subscribed and sworn to before me this 1st day of December 2014 at Tuguegarao City, Cagayan affiant has exhibited to me her Postal ID issued by Postal Office of Cagayan issued at Tugegarao City bearing her photograph and signature.

ATTY. RAMBEE G. AGGABAO Doc. No. xxx Page No. xxx Book No. xxx Series of 2014

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