Republic of the Philippines

REGIONAL TRIAL COURT

12TH JUDICIAL REGION
BRANCH 05
Iligan City
MANININGIL C. AKO,
Plaintiff,
CIVIL CASE NO. 123456
-versusFor: COLLECTION OF SUM OF MONEY
WITH DAMAGES

DAMING UTANG INC.,

Respondent.
x-------------------------------------------------x

MOTION TO DISMISS
COMES NOW the Respondent, DAMING UTANG INC., through the undersigned
counsel, appearing especially and solely for this purpose, and to this Honorable Court, most
respectfully moves for the dismissal of the Complaint on the following ground that THE
HONORABLE COURT HAS NOT ACQUIRED JURISDICTION OVER THE PERSON OF
THE DEFENDING PARTY.
DISCUSSION
A cursory reading of the Summons and Return of Service would readily show that the
copies of the Summons dated 01 November 2016 and the Complaint and its corresponding
annexes were allegedly delivered and tendered upon the Movant DAMING UTANG INC.
through a certain Maria B. Walangkinalaman alleged to be the authorized personnel of Movant
DAMING UTANG INC., Iligan City on 26 October 2016. 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 DAMING
UTANG 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.
PRAYER
WHEREFORE, it is respectfully prayed that the Complaint with respect to the Movant
Corporation be dismissed for lack of jurisdiction over the person of the defendant.
Other reliefs just and equitable are likewise prayed for.
This 30th day of October 2016 at Iligan City, Philippines.

PEARLA MAY ANGELA L. PLAZA

Counsel for the Defendants
19, Tibanga St., Iligan City
PTR No. 123456 / 01-15-15 / Iligan City
IBP No. 987654 / 01-13-15 / Iligan City
Attorneys Roll No. 76543 2014
MCLE Compliance No. IV-0020571 June 5, 2015
NOTICE OF HEARING
Atty. LOVELY M. LASAY
Counsel for the Plaintiff
2/F Mataas Bldg. Mahaba St.
Brgy. Pala-o, Iligan City
THE CLERK OF COURT
Regional Trial Court
12th Judicial Region
Branch 05
Iligan City
Greetings!
Please take notice that the foregoing Motion to Dismiss shall be submitted for the
consideration and approval of the Honorable Court on Friday, November 4, 2016, or as soon as
counsel or matter may be heard.
PEARLA MAY ANGELA L. PLAZA
Copy furnished:

Atty. LOVELY M. LASAY

Counsel for the Plaintiffs
2/F Mataas Bldg. Mahaba St.
Brgy. Pala-o, Iligan City
EXPLANATION
(Pursuant to Sec. 11, Rule 13 of the 1997 Rules of Civil Procedure)
Copy of the foregoing Motion to Dismiss was served on the other party by registered
mail with return card due to lack of available messengerial personnel to effect personal service or
delivery.

PEARLA MAY ANGELA L. PLAZA