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Radiowealth Finance Co., Inc. filed a civil case against Judalyn Trinidad, Francisco Trinidad Jr., and John Doe/s for the sum of money plus damages with a prayer for a writ of replevin. The defendants ceded a Hino Tourist Bus to the plaintiff as payment of their obligation through a "Dacion en Pago." Due to the settlement between the parties, the plaintiff filed a Notice of Dismissal of the case pursuant to Section 1, Rule 171 of the Rules of Court. The plaintiff prayed that the above-captioned complaint be ordered dismissed.
Radiowealth Finance Co., Inc. filed a civil case against Judalyn Trinidad, Francisco Trinidad Jr., and John Doe/s for the sum of money plus damages with a prayer for a writ of replevin. The defendants ceded a Hino Tourist Bus to the plaintiff as payment of their obligation through a "Dacion en Pago." Due to the settlement between the parties, the plaintiff filed a Notice of Dismissal of the case pursuant to Section 1, Rule 171 of the Rules of Court. The plaintiff prayed that the above-captioned complaint be ordered dismissed.
Radiowealth Finance Co., Inc. filed a civil case against Judalyn Trinidad, Francisco Trinidad Jr., and John Doe/s for the sum of money plus damages with a prayer for a writ of replevin. The defendants ceded a Hino Tourist Bus to the plaintiff as payment of their obligation through a "Dacion en Pago." Due to the settlement between the parties, the plaintiff filed a Notice of Dismissal of the case pursuant to Section 1, Rule 171 of the Rules of Court. The plaintiff prayed that the above-captioned complaint be ordered dismissed.
METROPOLITAN TRIAL COURT MANDALUYONG CITY BRANCH 99
RADIOWEALTH FINANCE CO.,
INC., Plaintiff, CIVIL CASE NO. 23839 For: Sum of Money plus Damages with Prayer for -versus- Writ of Replevin
JUDALYN TRINIDAD, FRANCISCO TRINIDAD JR., & JOHN DOE/S, Defendants. x---------------------------------------------x
NOTICE OF DISMISSAL
Plaintiff, by counsel, most respectfully states, that:
Defendants, through Dacion en Pago, ceded, transferred and
conveyed, in favor of Plaintiff, as payment of the formers obligation upon the latter, a Hino Tourist Bus with Plate Number TYY 301, which was the subject of the Writ of Replevin issued by this Honorable Court (Copy of said Dacion en Pago is hereby attached as Annex A and made integral part hereof);
Consequently, by virtue of the settlement made by the parties,
Plaintiff hereby submits this Notice of Dismissal pursuant to Section 1, Rule 171 of the Rules of Court. 1 Section 1. Dismissal upon notice by plaintiff. A complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service of the answer or of a motion for summary judgment. Upon such notice being filed, the court shall issue an order confirming the dismissal. Unless otherwise stated in the notice, the dismissal is without prejudice, except that a notice operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in a competent court an action based on or including the same claim. WHEREFORE, in view of the foregoing, Plaintiff prays that the above-captioned Complaint be ordered dismissed.
Other reliefs just and equitable under the circumstances are
likewise prayed for.
Mandaluyong City, April 10, 2017.
Respectfully submitted.
ATTY. EDRYNE JETH F. JUNTILLA
Legal Department Radiowealth Finance Company, Inc. 7th Floor DMG Center, DM Guevara St., Brgy. Highway Hills, Mandaluyong City IBP No. 1055126/01-3-2017/Batangas PTR No. 2553050 /Mandaluyong City/01-09-2017 MCLE Compliance No. N/A Roll No. 65661