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Republic of the Philippines

Regional Trial Court


Branch __, Tacloban City

X
Plaintiff,

Civil Case No. ______


For: Recovery of a Parcel of

Land
-versus
Y
Defendant
X----------------------------------x
MOTION TO DISMISS
COMES NOW, Defendant, through the undersigned
counsel and unto this Honorable Court, most respectfully
moves for the dismissal of the complaint on the following
ground:
GROUNDS
1. The court has no jurisdiction over the subject matter.
PARTIES
2. Plaintiff is of legal age, Filipino citizen and a resident of
Sagkahan, Tanauan, Philippines while defendant is
likewise of legal age , Filipino citizen and resident of San
Jose, Tanauan, Philippines where he may be served with
the summons, orders and other legal processes of this
Honorable Court.
DISCUSSION
3. The said parcel of land claimed by the plaintiff is
located at Tanauan, Leyte, and has an assessed value
of P10,000.
4. The complaint has been filed by the plaintiff at the
Regional Trial Court which has no jurisdiction over the
subject matter, because civil actions regarding real

properties with assessed value not exceeding P 20,000


should be filed at the Municipal Trial Court where the
property is located.
PRAYER
WHEREFORE, it is respectfully prayed from this
Honorable Court for the dismissal of the case for no
jurisdiction on the said subject matter.
Other just and equitable reliefs are prayed for.
September 30, 2015, Tacloban City.
(sgd.)
Y
(sgd.)
ATTY. DORA EXPLORER
Counsel for Defendant
Sagkahan, Tacloban City
Roll No. XXXX
IBP No. XXXX
PTR No. XXXX
MCLE No. XXXX

REQUEST FOR AND NOTICE OF HEARING


The Branch Clerk of Court
Regional Trial Court
Branch __, Tacloban City
Please submit the foregoing Motion to the Court
for its consideration and approval immediately upon
receipt hereof and kindly include the same in the
Courts calendar for hearing on October 05, 2015.
(sgd.)
Atty. Dora Explorer
Counsel for the Defendant

Atty. Yaya Dub


Counsel for Plaintif
Sagkahan St., Tanauan, Leyte

Please take notice that Counsel has requested to


be heard on October 5, 2015 at 8:30 in the morning.
(sgd.)
Atty. Dora Explorer
Counsel for the Defendant

Copy furnished through personal service:


Atty. Yaya Dub
Counsel for Plaintiff
Sagkahan St., Tanauan, Leyte
PROOF OF SERVICE

I, Papa Alden, messenger for Atty. Dora Explorer, herein


counsel for the defendant, Y, hereby certify that I personally
delivered Defendants Motion to Dismiss dated September
30, 2015 to Plaintiff X with address at Sagkahan, Tanauan.
The Motion was received by the plaintiff herself.
(sgd.)
PAPA ALDEN

SUBSCRIBED AND SWORN TO before me this __


day of September, 2015 in Tacloban City with Drivers
License No. ____________, valid until December 30, 2015.
(sgd.)
ATTY. ABC XYZ
Notary Public for Tanauan, Leyte
5th flr., Tanauan, Leyte
Roll No. XXXX
IBP No. XXXX
PTR No.:XXXX
MCLE No.:XXXXX

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Series of 2011