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JOSE REYES
Plaintiff,
Civil Case No. ____________
For: FORCIBLE ENTRY
- versus -
MOTION TO DISMISS
I.
GROUNDS
A.
THAT THE PLEADING ASSERTING THE CLAIM STATES NO CAUSE OF
ACTION
B.
THAT A CONDITION PRECEDENT FOR THE FILING OF THE CLAIM HAS NOT
BEEN COMPLIED WITH
II.
DISCUSSION
1. Defendants admit that while in a state of great intoxication, they sought refuge at
plaintiff’s home rather than risk the dangers of travelling to their far homes in
such state/circumstances. However, forcible entry does not exist in this case
because (a) the plaintiffs must allege their prior physical possession of the
property and b) they must assert that they were deprived of possession either by
force, intimidation, threat, strategy or stealth.
1.3 When Jose entered the house he saw the defendants sleeping.
While the intoxicated defendants were sleeping, Jose roused them
aggressively which caused the defendants to defend themselves
against Jose's attack.
2. Defendants left immediately after effects of alcohol had subsided on March 31,
2017 (early hours of April 1)
A CONDITION PRECEDENT
FOR THE FILING
OF THE CLAIM
HAS NOT BEEN COMPLIED WITH
3.1. Sec. 412 of R.A. 7160, otherwise known as the Local Government
Code, established the precondition to filing a complaint before the
court, to wit:
3.4. And lastly, Sec. 12 of Rule 70 (Forcible Entry), calls for the
dismissal of cases which fail to show compliance with such
precondition.
4.1. Sec 4, Rule 7 of the Rules of Court, as amended by A.M. No. 00-2-
10-SC4 provides that “a pleading required to be verified which
contains a verification based on “information and belief,” or upon
“knowledge, information and belief,” or lacks a proper verification,
shall be treated as an unsigned pleading.”
4.2. Sec 5 of the same rule, on the other hand, mandates the
attachment of a certification against forum shopping. To wit,
PRAYER
WHEREFORE, defendants respectfully pray that this Honorable Court dismiss the
herein complaint on the grounds of failure to state cause of action, and non-
compliance with condition precedent for filing of the claim.
RESPECTFULLY SUBMITTED.
Makati City, Philippines, this 10th of May 2017.
By:
MICHAEL GEOFFREY UY
PTR No. 7542531/01-03-12/Pasig City
IBP Lifetime No. 00815
MCLE Compliance No. V-0009710/03-08-16
Roll of Attorney No. 36512
Copy furnished:
[SIGNATURE]
[NAME] _________________
[SIGNATURE]
[NAME]_______
Notary Public
Until [DATE]__________________
PTR No. [NUMBER] ____________
Issued at [PLACE]______________
On [DATE] ___________________
Doc. No.
Page No.
Book No.
Series of [YEAR] ___________.