REPUBLIC OF THE PHILIPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT DESIGNATED AS FAMILY COURT BRANCH 143

CALOOCAN CITY

Maria Clara Dela Cruz Petitioner Versus Juan Dela Cruz Jr. Respondent Republic of the Philippines Movant X----------------------------------------------------------------------X MOTION TO DISMISS Civil Case No: 7738-7718 For Declaraton of Nullity of Marriage

The movant REPUBLIC OF THE PHILIPPINES by counsel to this honorable court respectfully submits this motion to dismiss on the following-

Grounds I THERE IS ANOTHER ACTION PENDING BETWEEN PARTIESWITH THE SAME CAUSE. II THE VENUE IS IMPROPERLY LAID III THE CLAIM SET FORTH IN THE COMPLAINT HAS BEEN EXTINGUISHED

There is another action pending between parties with the same cause --------------------1. It has come to the attention of the movant that another case was filed before the Manila Regional Trial Court on February 12, 2010.

2. The said case was raffled and was given to the sala of Judge Severus Snape and is currently undergoing hearing. 3.It is respectfully sought by the Movant that this petition for declaration for nullity of marriage be dismissed on the ground that a similar case involving the same parties and similar cause in another court, as stated by the Rule 2 Section 4 of the 1997 Rules on Civil Procedure:
Section 4. Splitting a single cause of action; effect of. If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the merits in any one is available as a ground for the dismissal of the others.

The venue has been improperly laid. ---------------------------------------4. The Movant respectfully asks the indulgence of this Honorable Court to dismiss the foregoing petition because this court has no jurisdiction over the complaint because as the Section2 of Rule 4 of the 1997 Rules on Civil Procedure provides:
Section 2. Venue of personal actions. All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff.

4.It is stated by the Respondent that they reside in the City of Manila and neither of them is a resident of Caloocan the suit should have been filed at their residence in Manila. The claim set forth in the complaint has been extinguished --------------------------------------------5. The claim of Mrs. Dela cruz that their marriage is void ab initio is has been extinguished by Article 41 of the Family Code thus:
Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

6. Hence a petition for declaration of nullity would no longer be necessary for the respondent contracted 2 valid bigamous marriages. Prayer WHEREFORE,It is respectfully prayed that after due noticeand hearing the present petition for declaration of nullity of marriage BE DISMISSED.

Makati City, for Caloocan City March 16, 1012

Francis Jardeleza Solicitor General Roll No: 123456 IBP Lifetime No: 01237 Erika Frances S. Buluran- Monzon Senior State Solicitor Roll No: 51809 IBP No:822082, 03-22-10 MCLE Compliance No.III-003761

Gavin Reyes Custodio Associate Solicitor Roll No. 459890 IBP No. 34204 PTR No. 42323232

MCLE Compliance No. IV-2393-34 Tel No:498443 OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo Street, Legazpi Village Makati City Telephone No: 818-6301-09

NOTICE OF HEARING The Clerk of Court

Branch 143 Caloocan City

Please calendar the foregoing MOTION TO DISMISS for the consideration and approval of this honorable court as soon as the undersigned counsel maybe heard. Gavin Reyes Custodio Associate Solicitor

DATUIN& REYES LAW OFFICE Atty. Aimee Fay Datuin-Puti Counsel for Petitioner 189 Parola Compund, Tondo Manila Greetings: Please take notice that the foregoing MOTION TO DISMISS is being submitted for the consideration and approval of this Honorable Court as soon as the undersigned counsel maybe heard. Gavin Reyes Custodio Associate Solicitor Copy Furnished: DATUIN& REYES LAW OFFICE Atty. Aimee Fay Datuin-Puti Counsel for Petitioner 189 Parola Compund, Tondo Manila

EXPLANATION The foregoing MOTION TO DISMISS is being filed due to the lack of personnel to effect personal service. Gavin Reyes Custodio Associate Solicitor