Republic of the Philippines

10th Judicial Region

REGIONAL TRIAL COURT
Branch 1
Hall of Justice, Libertad
Butuan City

BIG MALL CORPORATION,

Plaintiff,

Versus -

Civil Case No. 12345-ABC

LITTLE MALL CORPORATION,

Defendant.
X-------------------------------------/

MOTION TO DISMISS

COMES NOW, the Defendant, Little Mall Inc., by the undersigned

counsel and unto this Honorable Court, most respectfully moves for the
dismissal of the Complaint on the following ground that THE HONORABLE
COURT HAS NO JURISDICTION OVER THE DEFENDING PARTY.

DISCUSSION

A cursory reading of the Summons and Return of Service would readily

show that the copies of the Summons dated 08 May 2001 and the Complaint
and its corresponding annexes were allegedly delivered and tendered upon
the Movant Big Mall Inc. through a certain Wilma Doesnt alleged to be the
authorized personnel of Movant Big Mall Inc., Butuan City on 29 August
2001. Copies of the said Summons and Return of Service that form part of
the records on the case are hereto pleaded as integral part of this Motion;
Said service of Summons, however, constitutes an improper service of
summons amounting to lack of jurisdiction over the person of the herein
Movant Corporation, Big Mall Inc. since the summons was improperly served
upon a person who is not one of those persons named or enumerated in
Section 11, Rule 14 of the 1997 Rules of Civil Procedure upon whom service
of summons shall be made;
The material provision on the service of summons provided for in
Section 11 of Rule 14 of the 1997 Rules of Civil Procedure reads as follows:
"Section 11. Service upon domestic private juridical entity. - When the
defendant is a corporation, partnership or association organized under the
laws of the Philippines with a juridical personality, service may be made on
the president, managing partner, general manager, corporate secretary,
treasurer, or in-house counsel." (Underscoring ours)
It bears no further emphasis that the service of the summons was
done on a person who is not included in the exclusive enumeration provided
for under the said Section, as service was done only on an alleged
authorized personnel of the Movant Corporation;
This new revision of the Rules of Court for the service of summon is a
clear departure from the old rule as stated in Section 13, Rule 14 of the
Rules of Court which provided that:
"SECTION 13. Service upon private domestic corporation or
partnership. - If the defendant is a corporation organized under the laws of
the Philippines or a partnership duly registered, service may be made on the
president, manager, secretary, cashier, agent, or any of its directors."
It must be equally noted that the changes in the new rules are
substantial and not just general semantics as the new rules restricted the
service of summons on persons clearly enumerated therein. In effect, the
new provision makes it more specific and clear such that in the case of the
word "manager", it was made more precise and changed to "general

manager", "secretary" to "corporate secretary", and excluding therefrom

agent and director;
The designation of persons or officers who are authorized to accept
summons for a domestic corporation or partnership is under the new rules,
limited and more clearly specified, departure from which is fatal to the
validity of the service of the summons and resulting in the failure of the
court to acquire jurisdiction over the person of the respondent corporation.
WHEREFORE, it is respectfully prayed that the Complaint with respect
to the Movant Corporation be dismissed for lack of jurisdiction over the
defendant.

Other reliefs just and equitable are likewise prayed for.

Butuan City, Philippines. August 27, 2015.

LIM & ASSOCIATES

Counsel for Defendant
123 Big Building, Long Way Avenue
Butuan City 8600

By:

Clark Jay M. Lim

PTR No. 1234567; SFC: 01/01/2015
IBP O.R. No. 123456; Butuan: 11/30/2014
Attorneys Roll No. 12345

NOTICE OF HEARING

Atty. Maria Clara E. Fuentes

Court

The Branch Clerk of

123 Unknown Street, Brgy. Nowhere

RTC Branch 1

Butuan City

Butuan City

GREETINGS:
Please take notice that the foregoing motion will be submitted, and is
requested to be submitted, for the consideration and approval of the Honorable
Court on September 15, 2015 at 1:30 p.m. or soon thereafter as matter and
counsel may be heard on notice.

CLARK JAY M. LIM

EXPLANATION ON SERVICE BY REGISTERED MAIL

Defendants, by counsel, respectfully manifest that due to lack of
messengerial personnel, time constraint and the distance involved, a copy of
the foregoing Motion to Dismiss was served by registered mail in accordance
with Rule 13 of the Revised Rules of Civil Procedure.

ATTY. CLARK JAY M. LIM

Copy Furnished:

Atty. Maria Clara E. Fuentes

Counsel for Plaintiff
123 Unknown Street, Brgy. Nowhere
Butuan City