You are on page 1of 3

REGIONAL TRIAL COURT

Branch 2, City of Iligan

MR. X,
Plaintiff,
Civil Case No. 54321
- versus - For: Sum of Money with
Damages

MR. Y,
Defendant.
x ----------------------------------- x

MOTION TO DISMISS

COMES NOW, the defendant, through the undersigned counsel and unto this
Honorable Court, most respectfully move for the dismissal of the complaint on the
following grounds, and avers:
1. That the claim of Php 200,000.00 for the single pair of havianas slippers
set forth in the plaintiffs pleading has been paid as evidenced by
receipt no. 123456 which are hereto attached as Annex 1;
2. That payment by the defendant of the aforesaid claim by the plaintiff is
a valid ground for a motion to dismiss under 1997 Rules of Civil
Procedure, Rule 16, Section 1 (h).

WHEREFORE, defendant prays that the complaint be dismissed, with costs


against the plaintiff.

Such other relief and remedies as may be deemed just and equitable under the
premises are likewise prayed for.

Iligan, November 4, 2016.

ATTY. PEDRO T. DAHON


Counsel for the Defendant
Unit 1, X Building, Tibanga, Iligan
Appointment No. 123, Until Dec. 31, 2016
IBP No. 123456; 01/10/10Iligan
PTR No. 1234567; 01/10/10Iligan
Roll No. 12345; 5/05/05
MCLE No. I - 001234; 9/09/15
MCLE No. II 005678; 9/09/15
Serial No. of Commission M-123
AHMAD U. ABDULJALIL
IV - Practicum I

REGIONAL TRIAL COURT


Branch 2, City of Iligan

MR. X,
Plaintiff,
Civil Case No. 54321
-versus-
For: SUM OF MONEY AND
MR. Y, DAMAGES
Defendant.
x-------------------------------------------/

COMMENT AND OPPOSITION TO THE


MOTION TO DISMISS

The Plaintiff, Mr. X, by the undersigned counsel, and unto this


Honorable Court, respectfully submit the foregoing Comment and
Opposition to the Motion to Dismiss, and in support thereof respectfully
avers THAT:

1. There is no question that in a civil case, payment by a defendant of the


aforesaid claim by the plaintiff is a valid ground for a motion to dismiss
under 1997 Rules of Civil Procedure, Rule 16, Section 1 (h);

2. However, Plaintiff is vehemently OPPOSING the motion on the ground that


receipt no. 123456, as per attached by the defendant in his motion involves
another and separate transaction which is not the subject matter of this
case;

3. The subject matter of this case is the single pair of Havianas slippers which
costs TWO HUNDRED THOUSAND PESOS (Php 200,000.00) as
evidenced by receipt no. 54321. A copy of the aforesaid receipt duly signed
by the defendant is hereto attached and marked as Annex A hereof;
4. Receipt no. 123456 claimed by the Defendant as his alleged payment of
the obligation is a receipt for another transaction;

5. The Motion to Dismiss filed by the Defendant was but a malicious ploy in
order for him to flee from his obligations and to waste the time of this
Honorable Court;

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully


prays for the DENIAL of the Motion to Dismiss for lack of factual and/or
legal basis.

RESPECTFULLY SUBMITTED

This 7th November 2016 at Iligan City, Philippines.

(signed)
ATTY. ROMEO ORTIZ DE BELEN
Counsel for the Plaintiff
123, Tibanga, Iligan City
PTR No. 234567 / 01-15-15 / Iligan City
IBP No. 0987643 / 01-13-15 / Iligan City
Attorneys Roll No. 12345 1991
MCLE Compliance No. IV-0020571 June 5, 2013

Copy furnished:
ATTY. PEDRO T. DAHON
Counsel for Defendant
Unit 1, X Building, Tibanga, Iligan

MR. Y,
Room 4, 3F, Dreamstar Bldg.,
Badelles Actub Streets,
Iligan City, Philippines