REPUBLIC OF THE PHILIPPINES

Province of Surigao del Norte

City/Municipality of Surigao
MUNICIPAL TRIAL COURT
Branch 01, City of Surigao

Hercules Ramirez,
Plaintiff,
CIVIL CASE No. 123456
FOR : SUM OF MONEY

-versus-

Cupid Hedalgo,
Defendant,
x-----------------------x

MOTION TO DISMISS

DEFENDANT, by counsel, respectfully moves to dismiss

the Complaint on the ground that the Complaint FAILS TO
STATE A CAUSE OF ACTION as THE OBLIGATION SOUGHT
TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE AND
DEMANDABLE.
In strengthening of the foregoing ground, Defendant
respectfully submits the following:
Argument
1. Allegedly, defendant has failed to pay under the Promissory
Note dated January 16, 2015. Plaintiff now seeks to collect the
sum of One Hundred Thousand pesos (P100,000.00),
representing the amount under the said Promissory Note.
2. The Promissory Note is due and demandable on two (2)
months after its execution; the period of two (2) months has not
yet reached. Consequently, plaintiffs claim is premature as
there is yet no breach of the contract until the period indicated

has lapsed. For this reason, plaintiffs Complaint states no

cause of action and must be dismissed.
WHEREFORE, defendant respectfully prays that the
Complaint be DISMISSED for failure to state a cause of action.
Other just and equitable reliefs are also prayed for.
Surigao City, Surigao del Norte, February 7, 2015

ANALEE ALVERASTINE
Counsel for Defendant
3rd floor, Yuipco Bldg.
Borromeo Street, Surigao City
Attorneys Roll no. 12345
IBP No.23456-01/08/11-Surigao
PTR No. 45678-01/08/11-Surigao
MCLE Compliance No.II-0008776-Nov 18, 2013

REQUEST FOR AND NOTICE OF HEARING

The Branch Clerk of Court
Municipal Trial Court
Branch 1, City of Surigao
Please submit the foregoing Motion to the Court for its
consideration and approval immediately upon receipt hereof
and kindly include the same in the courts calendar for hearing
on February 16, 2015 at 8:30 in the morning.
Analee S. Alverastine
Counsel for Defendant
Atty. Sean Darwina
Counsel for Plaintiff
1424 Rizal Street
Surigao City

Please take notice that counsel has requested to be heard on

February 16, 2015 at 8:30 in the morning.

ANALEE ALVERASTINE
Counsel for Defendant
3rd floor, Yuipco Bldg.
Borromeo Street, Surigao City

Copy furnished through personal service:

Atty. Sean Darwina
Counsel for Plaintiff
1424 Rizal Street
Surigao City