Republic of the Philippines

7th Judicial Region

Regional Trial Court
Branch 44, Dumaguete City

CHRISTINA CRUZ,
Plaintiff
Civil Case No. 4656598

-versus-

ALLEN RICHARDS,
Defendant

x------------------------------------x

MOTION TO DISMISS

DEFENDANT, by counsel and to this Honorable Court respectfully

moves to dismiss the complaint on the following ground:

1. The venue is improperly laid.

DISCUSSION
I
The venue of the action is improperly laid. Under Section 2, Rule 4 of
the Rules of Court, personal actions may be tried at the place of residence of
the plaintiff or the defendant, at the plaintiff’s election.1 The plaintiff and the
defendant in this case both reside in Cebu City. Although the place of their
store is located in Dumaguete City, it does not determine the venue of the
present action. Hence, filing this complaint in the Regional Trial Court of
Dumaguete City is an error on the part of the plaintiff.

1
Rules of Court, Section 2, Rule 4
 WHEREFORE, defendant respectfully prays that the complaint be
dismissed on the grounds above discussed.

Defendant further prays for such other reliefs as may be just and
equitable in the premises.

Dumaguete City, December 20, 2017.

SHAMCEE LEE
Counsel for Allen Richards
Address: Natasha Village,
Dumaguete City
Roll No. 55453456
IBP No. 04767, issued on
March 1, 2005
at Dumaguete City.
PTR No. 5698 issued on
September 3, 2005 at
Dumaguete City.

NOTICE OF HEARING

Atty. Maxine Medina

Counsel for Christina Cruz
Address: Springville Homes, Dumaguete City

Sir:
Please be informed that the undersigned counsel has set the foregoing
motion for hearing on December 30, 2017 at 9:30 a.m. for the consideration
of the Honorable Court or soon thereafter as the counsel may be heard.

Atty. Shamcee Lee

 AFFIDAVIT OF PERSONAL SERVICE

I, Emma Roberts, of legal age and having been sworn depose and say
that:
I am the messenger of Atty. Shamcee Lee, counsel for Allen Richards
in the case entitled “Christina Cruz vs. Allen Richards”, Civil Case No.
46546598, and that as such messenger I served upon the counsel of adverse
party and other parties, the motion to dismiss filed in said case, as follows:

Shamcee Lee, counsel for Allen Richards, by personal service by

delivering personally copy of said motion to dismiss upon said lawyer who
acknowledged receipt thereof as shown by his signature or initial on the said
motion to dismiss, this December 21, 2017.

IN WITNESS WHEREOF, I have signed this affidavit this December

21, 2017.

Emma Roberts
Affiant

SUBSCRIBED AND SWORN to before me, a notary public in and for

Allen Richards this December 13, 2017, at Dumaguete City, Philippines,
affiant appearing before me with his SSS I.D. No. 5858879 issued on July
1, 2002 at Barangay Banilad, Cebu City and presenting to me a document
entitled COMPLAINT, affiant being known to me personally as his
acquaintance and who signed said document in my presence and sworn as
to said document that he understood the contents thereof and that the same
was his free and voluntary act and deed.

SHAMCEE LEE
Notary Public
Until February 22, 2018

Doc. No. 3465794;

Page No. 4334694;
Book No. 584685;
Series of 2017