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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


6th Judicial Region
BRANCH 4
Iloilo City

Heirs of the late SPS. RUBEN DAYRIT


And NENON GONZALES- DAYRIT, as CIVIL CASE CV-S NO. 16-19
Herein represented to by their
Atty.-in-Fact, JASMIN GONZALES FOR : UNLAWFUL DETAINER
Plaintiffs,

-Versus

ALBERT FUENTES, SR., MANUELA FUENTES,


ET AT.,
Defendants.

COMMENT TO MOTION TO DISMISS AND


MOTION TO RENDER JUDGMENT

COMES NOW, plaintiff through the undersigned counsel and to


this Honorable Court most respectfully files this Comment to the Motion to
Dismiss of the Defendant and A Motion to Render Judgment based on the
following grounds :

1. Said motion to dismiss is a prohibited pleading under Section 19(A)


of the Rules on Summary Procedure and hence should be treated
a mere scrap of paper, to wit:

Revised Rules on Summary Procedure For Metropolitan,


Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal
Circuit
X X X
IV. Common Provisions

Sec. 19. Prohibited pleadings and motions. — The following


pleadings, motions or petitions shall not be allowed in the cases
covered by this Rule:

(a) Motion to dismiss the complaint or to quash the complaint or


information except on the ground of lack of jurisdiction over the
subject matter, or failure to comply with the preceding section.

2. Further, the ground of the defendant for the dismissal on the case
based on non compliance of a condition precedent, specifically the
non- referral to the Lupong Tagapamaya is untenable based on
Section 3 of Presidential Decree 1508 which states :
Section 3. Venue. Disputes between or among persons actually residing in
the same barangay shall be brought for amicable settlement before the
Lupon of said barangay. Those involving actual residents of different
barangays within the same city or municipality shall be brought inn the
barangay where the respondent or any of the respondents actually resides,
at the election of the complainant. However, all disputes which involved real
property or any interest therein shall be brought in the barangay where the
real property or any part thereof is situated.

The Lupon shall have no authority over disputes:

1. involving parties who actually reside in barangays of different cities


or municipalities, except where such barangays adjoin each other; and

2. involving real property located in different municipalities.

3. Because the Complainant who is Duly Represented by Jazmin Gonzales


resides in Taft Street, Zone 6, Sta. Barbara, Iloilo, Philippines, and
defendants were residents of Zone 4, Brgy. San Isidro, Jaro, Iloilo City,
Philippines ,hence, the referral to the lupon was no longer needed.

4. Hence, a judgment should be rendered against complainant based on


Section 6 of the rules of Summary procedure which provides :

Sec. 6. Effect of failure to answer. — Should the defendant fail to


answer the complaint within the period above provided, the court, motu
proprio, or on motion of the plaintiff, shall render judgment as may be
warranted by the facts alleged in the complaint and limited to what is
prayed for therein: Provided, however, that the court may in its
discretion reduce the amount of damages and attorney's fees claimed
for being excessive or otherwise unconscionable. X X X

5. Therefore, since the defendant filed a motion to dismiss, which is


not an answer, the plaintiff moves for the rendition of judgment based on the
complaint.

PRAYER
Wherefore, premises considered, it is most respectfully prayed upon
this Honorable Court that the said motion to dismissed filed by the defendant
should be disregarded and that a judgment should be rendered.
Other reliefs and remedies just and equitable under the premises
likewise are prayed for.

RESPECTFULLY SUBMITTED.

Done this 20th day of August, 2019 at Iloilo City, Philippines.

JALBUNA & CATALUÑA LAW OFFICES


Counsel for the Plaintiff
Suite 201- 203, 3rd Floor, Lolita Building
Corner General Luna- Quezon Streets, Iloilo City

By:

ATTY. GUALBERTO V. CATALUNA, JR.


IBP NO. 3008, 01/10/18, Iloilo City
PTR NO. 0165436, 01/16/18, Janiuay , Iloilo
Roll of Attorneys No. 35667
MCLE Compliance No. V-0005880, 4/15/16

The Branch Clerk of Court


MTCC, Branch 4, Iloilo City

GREETINGS:
Upon receipt hereof, kindly set the hearing of the above Motion to
Render Judgment on August 23, 2019 at 8:30 in the morning.

GUALBERTO V. CATALUNA, Jr.

Copy furnished :

ATTY. MANUEL D. JUSTINIANI


Counsel for the defendant
No. 20, Dollar Avenue, Bankers Village IV,
Tabuc Suba, Jaro, Iloilo City
By:_________________-