Republic of the Philippines

10th Judicial Region

Regional Trial Court
Surigao City, Branch 29

ELLAINE C. DELA TORRE

Plaintiff,
-versus-

Civil Case No:.1234

For: Sum of Money

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:
I
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 defendants person.
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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.
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

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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
Please take notice that on Friday, 20 February 2015, at 2:00 oclock 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
FLORANO

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DYAN

T.