REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 131
CALOOCAN CITY
KATHREEN L. QUESEA
Plaintiff,
- versus - Civil Case No. C-24758 (2017)
For: SUPPORT
EDWIN N. QUESEA
Defendant.
x-----------------x
MOTION TO DISMISS
DEFENDANT EDWIN N. QUESEA, by the undersigned counsel
to the Honorable Court, most respectfully avers:
1. Under the Rules of Court, the venue of a personal actions
shall be at the residence of the plaintiff or of the defendant at the
option of the plaintiff;
2. Under Section 1 (c) of Rule 16 of the Rules of Court, one of
the grounds of a motion to dismiss is when the “venue is improperly
laid”;
3. Here, the plaintiff claims that her address is at RPC
Building, 264 J. Rodriguez Street, Caloocan City. She even attached a
Barangay Clearance from Barangay 15, Central , Zone 2, District II,
Caloocan City and a Proof of Occupancy executed by Renato Pituc
Caballero;
4. With all due respect, the complaint with its attachments
shows that the plaintiff and the minor children, for whom the present
case was instituted, are residing at Mauban, Quezon. The present
complaint was filed in Caloocan City simply because plaintiff is working
at Caloocan City;
5. Annex “M” of the Complaint is the Complaint-Affidavit filed
by the plaintiff before the Office of the Provincial Prosecutor,
Department of Justice at Mauban, Quezon. In simple and clear words,
the personal circumstances state:
“I, KATHREEN LABRADOR QUESEA (Complainant), of legal
age, Filipino, married, and presently residing at Llamas 1 St., Brgy.
Sadsaran, Mauban, Quezon, after having being sworn to in
accordance with law, hereby depose and state that:”
(emphasis supplied)
6. The above-cited complaint affidavit was sworn to on
February 9, 2016 at Mauban, Quezon before Public Attorney II Allan C.
Lobo, a duly authorized solemnizing officer pursuant to R.A. 9406;
7. In fact, the “Kasunduan” cited in the complaint and
attached as Annex “E” thereof, which was forged at the Public
Attorney’s Office, Mauban District, Brgy. Lual Poblacion, Mauban,
Quezon, also states that:
“Na kami, EDWIN N. QUESEA, 29 taong gulang, at KATHREEN L.
QUESEA, 26 taong gulang, legal na mag-asawa, ang una ay
kasalukuyang nakatira sa Brgy. Santiago, Malvar, Batangas, at ang
pangalawa ay kasalukuyang nakatira sa Brgy. Sadsaran,
Mauban, Quezon, ay boluntaryo at kusang loob na nagkasundo sa
mga sumusunod:”
(emphasis supplied)
8. This document was also solemnized before Atty. Allan C.
Lobo pursuant to R.A. 9406;
9. Annex “P” of the complaint is a Certification from Mauban
Foundational Christian School Inc., with address at Enverga St., Exte.
Brgy. Bagong Bayan, Mauban, Quezon. It was issued by Roberto V.
Calucin and is dated June 3, 2017. The said certification states that
Kassidy L. Quesea, a child of the parties, is enrolled at the said school
located at Mauban, Quezon;
10. The Meralco Electric Bill, attached as Annex “R-3” of the
complaint, shows that it is billed to an address at Castor Llamas Street,
Sadsaran, Mauban, Quezon. This is the electric bill for the house which
defendant is renting for his family which the plaintiff and their children
resides at;
11. The same is true with Annex “R-4” which is a Mauban
Water District Collector’s Receipt, a bill for the water usage of the
plaintiff and their children at their house at Mauban, Quezon
12. The ML Kwarta Padala remittances attached as Annexes
“T” to “T-7” shows that the same were encashed at M Lhuillier
Mauban, Quezon;
13. The Bank statements attached as Annex “U-series” shows
that the address declared by the plaintiff is at “Llamas 1 St. Brgy
Sadsaran, Mauban, Province of Quezon”
14. Even the statement of Priscilla Almiranez Labrador
categorically states that the children of the parties are residing at
“Llamas 1 St. Barangay Sadsaran bayan ng Mauban, Quezon”
15. Perjury is the willful and corrupt assertion of a falsehood
under oath or affirmation administered by authority of law on a
material matter.1 Here, the plaintiff verified the complaint and even in
the verification and certification with special power of attorney claimed
that her address is at RPC Building, 264 J. Rodriguez St., Caloocan City.
This was notarized by Atty. Benjamin N. Corotan. This is a willful
assertion of falsehood on a material matter tantamount to a perjury
just to justify the filing of the present complaint here at Caloocan City;
16. Thus, it is most respectfully requested of the Honorable
Court that the instant case BE DISMISSED for improper venue;
17. This motion is not intended to delay the proceedings of the
instant case but is being filed in good faith solely for the afore-stated
reasons.
1
CRISTE B. VILLANUEVA vs. THE HON. SECRETARY OF JUSTICE and HORST-KESSLER VON
SPRENGEISEN, G.R. No. 162187 November 18, 2005 citing U.S. v. Estraa, 16 Phil. 520 (1910).
PRAYER
WHEREFORE, the foregoing considered, it is most respectfully
prayed of the Honorable Court, that the instant case BE DISMISSED
for improper venue.
Defendant likewise prays of other relief just and equitable under
the premises.
10 September 2017 Paranaque City for Caloocan City.
The Law Office of
Atty. JOHNSEN ANTONIO SALAZAR
Counsel for the Defendant Edwin N. Quesea
No. 6524A Rosal Street, Gatchalian I
Subdivision, Barangay San Dionisio, Sucat,
Paranaque City
Tel No. 8342598
By:
JOHNSEN A. SALAZAR
Roll No. 57307
IBP Lifetime No. 010075 – 3/16/2011
PTR NO. 9225383- 3/29/16 Lucban
MCLE Compliance No. V-0007351-4/21/2015
NOTICE OF HEARING AND COPY FURNISHED
THE BRANCH CLERK OF COURT
Regional Trial Court, Branch 131,
Caloocan City
THE LAW FIRM OF JORGE M. JUCO
Counsel for Plaintiff
2781 Daanhari Street, United Hills Village,
Paranaque City
Greetings!
Please be served with notice that the foregoing Motion for To
Dismiss shall be submitted for the kind consideration of the Honorable
Court on 15 September 2017 at 8:30 in the morning, or on such other
date as may be accommodated by the Honorable Court.
JOHNSEN A. SALAZAR
EXPLANATION
In compliance with Section 11, Rule 13 of the 1997 Rules of
Civil Procedure, it is respectfully manifested that service through
registered mail of the foregoing pleading was resorted to due to
limited personnel to effect personal service.
JOHNSEN A. SALAZAR
