Motion To Dismiss Sample

Republic of the Philippines
Regional Trial Court

Second Judicial Region
Tuguegarao City
GLADYLOU RAMOS
Plaintiff
CIVIL CASE NO: 12345

FOR: COLLECTION OF SUM OF MONEY
-versusGLORIA DELA CRUZ

Defendant
x-----------------x
MOTION TO DISMISS
DEFENDANT, through his counsel, move that the complaint in this case be
dismissed, and in support thereof, respectfully alleges:
1. That the court has no jurisdiction of the of the defendant and/or of the subject
matter of the action, for the reason that at the outset, it must be pointed out that as
per request made by plaintiff, defendant just signed the promissory note to
accommodate his friend and that proceeds of the loan subject of the above
mentioned promissory note went to her friend Juliet Pulio and not to the
defendant;
2. This fact was not unknown to plaintiff since she was the one who proposed the
said arrangements;
3. Hence, if at all plaintiff should go after Juliet Pulio and not after herein defendant;
4. Nevertheless, if only to establish the fact that the instant suit is patently baseless
and ungrounded and that plaintiff maliciously instituted the same defendant
deems it necessary to set-up the following defense;
5. In addition to the full settlement of the Php 350,000.00 plaintiff seeks to collect
from defendant by virtue of the instant case on ground of defective Certificate of
Non-forum shopping;
6. A perusal of the Verification and Certification against Forum Shopping attached to
the complaint readily reveals that the same is not subscribed nor sworn in
violation of the Administrative Circular No. 09-94 which states in pertinent parts:
The plaintiff, petitioner, applicant or principal party seeking relief in the

complaint, petition, application or other initiatory pleadings shall certify under
oath in such original pleadings, or in a sworn certification annexed therto and
simultaneously filed therewith, to the truth of the following facts and
undertakings: (a) he has not heretofore commenced any other action or
proceeding involving the same issues in the Supreme Court, the Court of Appeals,
or any other tribunal or agency; (b) to the best of his knowledge, no such action of
proceeding is pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency; (c) if there is any such action or proceeding which is either
pending or may have been terminated, he must state the status thereof; and, (d) if
he should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals or any other tribunal or
agency, he undertakes to report that fact within five (5) days therefrom to the
court or agency wherein the original pleading and sworn certification
contemplated herein have been filed.
xxxxxxxxx
Any violation of this Circular shall be cause for the dismissal of the of
the complaint, petition, application or other initiatory pleading, upon motion
and after hearing. Under scoring ours.
7. It is clear from the foregoing that compliant in the instant case is fatally defective
which cannot be cured by mere amendment;
8. This being the case the complaint in the instant case should be dismissed even on
this ground alone.
WHEREFORE, defendant prays that the complaint be dismissed, with cost
against the plaintiff.
ATTY. RAMBEE G. AGGABAO

Counsel for the Defendant
The Clerk of Court

Regional Trial Court
Greetings!
Please submit the foregoing motion for the consideration and approval of this
Honorable Court immediately upon receipt hereof.
VERIFICATION
I, GLORIA DELA CRUZ, of legal age and a resident of Tuguegarao City, after
having been duly sworn to in accordance with law hereby depose and state that:
1. I am the defendant in Civil Case No. 12345 pending before the Regional Trial
Court, Branch ___, Tuguegarao City and which is the subject of the present
case.
2. I have caused the preparation and filing of the foregoing Motion to Dismiss.
3. I have read the contents thereof and that the same are true based on my own
personal knowledge and on documents and records in my possession.
GLORIA DELA CRUZ

Affiant
Subscribed and sworn to before me this 1st day of December 2014 at Tuguegarao
City, Cagayan affiant has exhibited to me her Postal ID issued by Postal Office of
Cagayan issued at Tugegarao City bearing her photograph and signature.

Doc. No. xxx
Page No. xxx
Book No. xxx
Series of 2014

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Republic of the Philippines

Regional Trial Court

CIVIL CASE NO: 12345

-versusGLORIA DELA CRUZ

The plaintiff, petitioner, applicant or principal party seeking relief in the

ATTY. RAMBEE G. AGGABAO

The Clerk of Court

ATTY. RAMBEE G. AGGABAO

GLORIA DELA CRUZ

ATTY. RAMBEE G. AGGABAO

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