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Motion To Dismiss

Defendant ABC Corporation filed a motion to dismiss the complaint on the grounds that: 1) Summons was not properly served on the defendant as required by the rules, so the court does not have jurisdiction over the defendant. 2) Summons must be served on specific high-level individuals of a corporate defendant like the president or general manager, but there is no evidence summons was served on any such person for defendant ABC Corporation. 3) Without proper service of summons, the court has not acquired jurisdiction over the defendant. The defendant requests that the complaint be dismissed due to lack of jurisdiction over the defendant.

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Phrexilyn Pajarillo
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154 views2 pages

Motion To Dismiss

Defendant ABC Corporation filed a motion to dismiss the complaint on the grounds that: 1) Summons was not properly served on the defendant as required by the rules, so the court does not have jurisdiction over the defendant. 2) Summons must be served on specific high-level individuals of a corporate defendant like the president or general manager, but there is no evidence summons was served on any such person for defendant ABC Corporation. 3) Without proper service of summons, the court has not acquired jurisdiction over the defendant. The defendant requests that the complaint be dismissed due to lack of jurisdiction over the defendant.

Uploaded by

Phrexilyn Pajarillo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF ILOCOS SUR


First Judicial Region

JUAN TAMAD
Plaintiff, CIVIL CASE NO. 1010
FOR: SUM OF MONEY
-versus-

ABC CORPORATION
Defendant.
x-------------------------------------x

MOTION TO DISMISS

Defendant, by the undersigned counsel and to this Honorable Court, respectfully moves
for dismissal of the complaint on the following grounds:
1. Summons was not served upon defendant ABC Corporation as mandated by the Rules.
Hence Honorable Court has no jurisdiction over its person;
2. Where a defendant is a private juridical entity like defendant Ban Goza Corporation,
Section 12, Rule 14 of the Revised Rules of Court provides that service of summons may
be made either on the president, managing partner, general manager, corporate secretary,
treasurer or in house counsel.
3. In the case at bar, there is no showing that summons was served either on defendant
AV Corporation’s president, managing partner, general manager, corporate secretary,
treasurer, or in-house counsel, or that, at least, efforts were made to serve the summons
upon said persons.
4. There being no service of summons upon defendant AV Corporation in accordance
with the requirement of the rules, it follows that this Honorable Court has not acquired
jurisdiction over said defendant’s person.
5. That this motion is not intended for delay, much less to take for granted or disobey the
legal processes of this Honorable Court.
PRAYER
WHEREFORE, it is respectfully prayed that the Complaint be dismissed on the ground of
lack of jurisdiction over the person of the defendant.
April 20, 2021, Vigan City, Ilocos Sur, Philippines.
(Sgd.)
PHREXILYN PAJRILLO
Counsel for the Defendant
Balaleng, Bantay, Ilocos Sur
Roll of Attorney No. 12345

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IBP No. 12345/2-5-21
PTR No. 87654/12-22-20
MCLE Compliance No.: _____
Email Add: phrexilynpajarillo@gmail.com
C.P. No.: 09173456789

NOTICE OF HEARING

Copy furnished thru Personal Service:


ABCEE
Counsel for the Plaintiff
Brgy 1, Vigan City (2700), Ilocos Sur

PROOF OF SERVICE

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