Mindanao State University - Iligan Institute of Technology

Andres Bonifacio Street, Tibanga, Iligan City

College of Law - Extension
Practicum I

MOTION TO DISMISS

Prepared by GURO, Abduljabbar B.

Republic of the Philippines

Region X
 REGIONAL TRIAL COURT
Branch 2, City of Iligan

MR. X,
Plaintiff,
Civil Case No. 54321
- versus - For: Sum of Money with
Damages

MR. Y,
Defendant.
x ----------------------------------- x

MOTION TO DISMISS

COMES NOW, the defendant, through the undersigned counsel and unto this
Honorable Court, most respectfully move for the dismissal of the complaint on the
following grounds, and avers:
1. That the claim of Php 200,000.00 for the single pair of havianas slippers
set forth in the plaintiffs pleading has been paid as evidenced by
receipt no. 123456 which are hereto attached as Annex 1;
2. That payment by the defendant of the aforesaid claim by the plaintiff is
a valid ground for a motion to dismiss under 1997 Rules of Civil
Procedure, Rule 16, Section 1 (h).

WHEREFORE, defendant prays that the complaint be dismissed, with costs

against the plaintiff.

Such other relief and remedies as may be deemed just and equitable under the
premises are likewise prayed for.

Iligan, November 4, 2016.

ATTY. PEDRO T. DAHON

Counsel for the Defendant
Unit 1, X Building, Tibanga, Iligan
Appointment No. 123, Until Dec. 31, 2016
IBP No. 123456; 01/10/10Iligan
PTR No. 1234567; 01/10/10Iligan
Roll No. 12345; 5/05/05
MCLE No. I - 001234; 9/09/15
MCLE No. II 005678; 9/09/15
Serial No. of Commission M-123

REQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURT
REGIONAL TRIAL COURT
BRANCH 1, ILIGAN

Please submit the foregoing Motion to the Court for its consideration and
approval immediately upon receipt hereof and kindly include the same in the court s
calendar for hearing on Friday, November 11, 2016 at 2:00PM.

ATTY. ROMEO ORTIZ DE BELEN

Counsel for the Plaintiff
Suite 101, Pacific Irvine Bldg.,
2746 Zenaida St., Brgy. Poblacion
Iligan City

Please take notice that counsel has requested to be heard on Friday, November
11, 2016 at 2:00PM.

ATTY. PEDRO T. DAHON

Counsel for Defendant
Unit 1, X Building, Tibanga, Iligan

Copy furnished through registered mail:

ATTY. ROMEO ORTIZ DE BELEN
Counsel for the Plaintiff
Suite 101, Pacific Irvine Bldg.,
2746 Zenaida St., Brgy. Poblacion
Iligan City
Registry Receipt No. 0001223
Iligan City Post Office
Date November 4, 2016
 EXPLANATION

The foregoing Answer and its attachment were served on Atty. Romeo Ortiz De
Belen by registered mail instead of personal service as counsel for petitioner due to
time constraints, and for lack of the undersigneds office personnel thereby rendering
personal service thereof inconvenient and impracticable.

(signed)
ATTY. PEDRO T. DAHON

Republic of the Philippines )

City of Iligan ) s.s.

AFFIDAVIT

I, Amado P. Policarpio, a messenger of Atty. Pedro T. Dahon, with office address at Unit
1, X Building, Tibanga, Iligan, after being duly sworn, deposes and states:

That on November 4, 2016, I served a copy of the following pleadings/papers by

registered mail in accordance with Section 10, Rule 13 of the Rules of Court:

Answer with compulsory counterclaim and cross claim

in Case No. 40865 entitled Felicisimo C. De Jesus v Emman Igwebuke Obiegbu by

depositing a copy in the post office in a sealed envelope, plainly addressed to Atty.
Romeo Ortiz De Belen at Suite 101, Pacific Irvine Bldg., 2746 Zenaida St., Brgy.
Poblacion,Iligan City with postage fully paid, as evidenced by Registry Receipt No.
0001223 attached and with instructions to the post master to return the mail to sender
after ten (10) days if undelivered.

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on November

4, 2016, in the City of Iligan, Philippines.

(signed)
Amado P. Policarpio
Affiant

SUBSCRIBED AND SWORN TO before me in the City of Iligan on this 4 th day of

November, 2016, affiant exhibiting before me his Government Issued ID no. 00789
issued on April 2, 2016 at Mindanao State University-Marawi.
 ATTY. PEDRO T. DAHON
Notary Public for Iligan
Unit 1, X Building, Tibanga, Iligan
Appointment No. 123, Until Dec. 31, 2016
IBP No. 123456; 01/10/10Iligan
PTR No. 1234567; 01/10/10Iligan
Roll No. 12345; 5/05/05
MCLE No. I - 001234; 9/09/15
MCLE No. II 005678; 9/09/15
Serial No. of Commission M-123
Doc. No. 11;
Page No. 22;
Book No. V ;
Series of 2016