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Republic of the Philippines10th Judicial RegionRegional Trial Court

Surigao City, Branch 29

ELLAINE C. DELA TORRE Plaintiff,

-versus- Civil Case No:.1234For: Sum of Money

PETER T. BUENAVENTURA, Defendant.

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MOTION TO DISMISS

DEFENDANT, by counsel and unto this Honorable Court, most respectfully move for the dismissal of the above-captioned case upon thefollowing 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 defendant’s 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. FLORANORoll No. 82489

Counsel for the Defendant PTR No. 2408989, 1-07-13, Surigao City

IBP Lifetime No. 092417MCLE Compliance No. III-0002453

FLORANO LAW OFFICE 1703 M. Ortiz St., Brgy. Washington, Surigao City

COPY FURNISHED:

ATTY. SEAN E. RAMOSCounsel for the PlaintiffNavarro Street, Brgy. Washington, Surigao City

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NOTICE OF HEARING

THE BRANCH CLERK OF COURTRegional Trial Court10th Judicial RegionSurigao City, Branch 29

ATTY. SEAN E. RAMOSCounsel for the PlaintiffNavarro Street, Brgy. Washington, Surigao City

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