Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch 02
Tuguegarao City

ROSEMARIE BUNAGAN
BANSIG,
Plaintiff,
Civil Case No. 7164
-versus-

CITY GOVERNMENT OF
TUGUEGARAO CITY and
MAYOR DELFIN TING,
Defendants.
x-----------------------------------x

MOTION TO DISMISS

COME NOW, DEFENDANTS, through the undersigned counsel,

appearing especially and solely for this purpose, and unto this Honorable
Court most respectfully, moves for the dismissal of the above-captioned case
upon the following ground:

I.
GROUND

Mayor Delfin T. Ting acted beyond the scope of his authority. Thus,
he must be only sued on his private capacity and to drop Tuguegarao City
Government as public defendant.

II.
DISCUSSION

A corporation is an artificial entity created by operation of law. It

possesses the right of succession and such powers, attributes, and properties
expressly authorized by law or incident to its existence. It has a personality
separate and distinct from that of its stockholders and from that of other
corporations to which it may be connected. As a consequence of its status as
a distinct legal entity and as a result of a conscious policy decision to
promote capital formation, a corporation incurs its own liabilities and is
legally responsible for payment of its obligations. In other words, by virtue
of the separate juridical personality of a corporation, the corporate debt or
credit is not the debt or credit of the stockholder. This protection from
liability for shareholders is the principle of limited liability. Phil. National
Bank vs. Hydro Resources Contractors Corp. (G.R. Nos. 167530, 167561,
16760311. March 13, 2013)

Equally well-settled is the principle that the corporate mask may be

removed or the corporate veil pierced when the corporation is just an alter
ego of a person or of another corporation. For reasons of public policy and in
the interest of justice, the corporate veil will justifiably be impaled only
when it becomes a shield for fraud, illegality or inequity committed against
third persons. Timotheo H. Sarona vs. National Labor Relations
Commission, Royale Security Agency (Formerly Sceptre Security and
Agency) and Cesar S. Tan G.R. No.185280. January 18, 2012

Respondent City of Tuguegarao (Respondent City) is a public

corporation organized and created by virtue of Republic Act No. 8755 dated
November 4, 1999.
PRAYER

WHEREFORE, in light of the foregoing, it is most respectfully prayed

to the Honorable Court to dismiss the case or in alternative to drop
Tuguegarao City Government as public defendant on the ground of

Such other reliefs just and equitable in the premises are prayed for.

Tuguegarao City, Cagayan, August 17, 2016.

NOEL A. MORA
Counsel for defendant Tuguegarao City
Tuguegarao City Legal Office
IBP OR NO. 946929/01-05-16
PTR OR NO. 1781116/01-05-16
MCLE Compliance No. V-0014514
Roll No. 42605
CP No. 0917-537-0555
Email: noelmora19@yahoo.com

The Branch Clerk of Court

RTC Branch 3
Tuguegarao City
 GREETINGS:

Please take notice of the foregoing motion to dismiss for the kind
consideration of this Honorable Court.

Thank you.

NOEL A. MORA

Copy furnished:

ROSEMARIE BANSIG
1, Gonzaga St., Tuguegarao City
Cagayan

EXPLANATION

The foregoing motion is being served by registered mail due to lack of

undersigneds staff who can serve in person.

NOEL A. MORA