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-versus- FOR:
MOTION TO DISMISS
2. Rule 16, Section 1 of the Rules on Civil Procedure states the grounds for
the filing of a Motion to Dismiss. The motion under this Rule should be
filed within the time for but prior to the filing of the answer of the
defending party to the pleading asserting the claim against him.
4. While it is true that the plaintiff alleged in its complaint that they
brought the controversy to the attention of the Lupong
Tagapamayapa for conciliation and mediation proceedings, the
Certification attached to the Complaint is not a Certification to File
Action.
1
Rule 16, Section 1, paragraph (j)
5. The document (Annex E) attached merely states that the plaintiff is
the real owner of the lot located at Alibago, Enrile, Cagayan and that
he bought the same for P150,000.00.
6. I t was time and again held by the Supreme Court that where the
Complaint does not state that it is one of the excepted cases, or it
does not allege prior availment of said conciliation process, or it does
not have a Certification that no conciliation or settlement had been
reached by the parties (emphasis supplied), the case should be
dismissed on motion. This applies to cases cognizable by both the
inferior courts and the Regional Trial Courts.2
PRAYER
2
Morata vs. Go, et., al., G. R. No. 62339, Oct. 27, 1983
3
Garces v. Court of Appeals, G.R. No. L-76836, 23 June 1988, 162 SCRA 504
PUBLIC ATTORNEYS OFFICE
Tuguegarao City District Office
Counsel for the Defendant
by:
LOVELORN S. TAGABING-GALANO
Public Attorney II
Roll of Attorneys No. 48802-05/03/04
IBP No. 856210-01/04/12-Cagayan
MCLE Compliance Certificate not yet
issued
GREETINGS:
Please submit the Motion to Dismiss for resolution of the Honorable Court
and set the same for hearing on March 13, 2012 at 1:30 oclock in the afternoon
or at the next available calendar date as counsel or matter may be heard.
Thank you.
Copies of this pleading will be filed and served to the plaintiffs counsel by
registered mail in lieu of personal service due to distance and lack of material
time.
` LOVELORN S. TAGABING-GALANO