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D.
SAN
Plaintiffs.
ANDRES
-versus-
SETH C. DE MESA
Defendants.
x------------------------------------------------x
C O M PLAI N T
COMES NOW Plaintiff, by counsel, unto this Honorable Court, most respectfully
states:
That plaintiff is of legal age, Filipino citizen and residing at No. 658 Carola St.
Sampaloc Manila.
That defendant is Ms. SETH DE MESA, of legal age, Filipino citizen and
residing at 1093 Leyte street Sampaloc, manila, where she may be served with
summons and other Court processes;
That on June 3,2014, defendant obtained a loan from the plaintiff in the sum of
FIVE HUNDRED THOUSAND PESOS (P500,000.00) Philippine Currency to be
fully paid on its due which is November 10,2014 as evidence by a Three
promissory note Issued on June 3,2014, photocopy of which hereto attached as
Annex A.
That defendant only paid a total of Four Hundred Thousand Pesos (P400,000.00).
That defendant was unable to pay the remaining balance of One Hundred
Thousand Pesos (P 100,000.00) and despite the lapse of period to pay the loan,
defendant failed to pay his remaining obligation thereby entitling the plaintiff to
be paid the total principal obligation and in addition of the 6% monthly interest
agreed upon and 6% interest per month by way of penalty.
That the loan is now overdue and despite demands made orally and in writing by
the plaintiff, defendants refused and failed to pay the amount as evidenced by the
Demand Letter send by my Legal Counsel, dated December 05, 2014, photocopy
of which is hereto attached as Annex B and made an integral part hereof.
P R AYE R
WHEREFORE, it is most respectfully prayed of this Honorable Court that after
due hearing, judgment be rendered in favor of plaintiff and against the defendant in this
manner.
1.
2.
Plaintiff likewise prays for such other and further relief or reliefs as this
Honorable Court may deem just and equitable in the premises.
Manila City, Philippines, January 3, 2015.
Atty. WIN PANALO
Counsel for the Plaintiff.
3rd Floor Roxas BLDG
Malate Manila City
IBP No.
PTR No. Attorneys Roll No.
MCLE Compliance No.
MCLE Compliance No.
I have caused the preparation of the same and I attest to the veracity of all
the allegations stated herein;
I have read and understood all the allegations herein and that I attest to the
authenticity and veracity of all the documents attached herein as based on
existing and authentic records;
I further certify that I have not commenced or filed any claim involving the
same issues herein with any other Court. Tribunal or Quasi-Judicial Agency
or I am not aware of any such other case or claim pending before any other
court, tribunal or quasi-judicial agency; and
NOTARY PUBLIC
Doc. No. __________
Page No. __________
Book No. __________
Series of
JOHN
D.
SAN
Plaintiffs.
ANDRES
-versus-
SETH C. DE MESA
Defendants.
x------------------------------------------------x
MOTION TO DISMISS
COMES NOW the Respondent, SETH DE MESA, through the undersigned counsel,
appearing especially and solely for this purpose, and to this Honorable Court, most
respectfully moves for the dismissal of the Complaint on the following ground that THE
HONORABLE COURT HAS NOT ACQUIRED JURISDICTION OVER THE PERSON
OF THE DEFENDING PARTY.
DISCUSSION
A cursory reading of the Summons and Return of Service would readily show that the
copies of the Summons dated 1 February 2015 and the Complaint and its corresponding
annexes were allegedly delivered and tendered upon SETH DE MESA, Through a
certain Maria Clara alleged to be the authorized agent of SETH DE MESA, 1093 Leyte
St. Sampaloc Manila. Copies of the said Summons and Return of Service that form part
of the records on the case are hereto pleaded as integral part of this Motion;
The persons who are authorized to accept summons to the person of the defendant is
provided under Section 6 Rule 114 that it shall be served by handing a copy thereof to the
defendant in person., limited and more clearly specified, departure from which is fatal to
the validity of the service of the summons and resulting in the failure of the court to
acquire jurisdiction over the person of the respondent corporation.
PRAYER
WHEREFORE, it is respectfully prayed that the Complaint with respect to SETH DE
MESA be dismissed for lack of jurisdiction over the person of the defendant.
Other reliefs just and equitable are likewise prayed for.
_____________, Philippines, __Date__.
NOTICE OF HEARING
To: Atty. WIN PANALO
Counsel for the Plaintiff.
3rd Floor Roxas BLDG
Malate Manila City
Greetings:
Please take notice that on Friday, _______________, at 8:00 oclock A.M., or as soon
thereafter as counsel may be heard, the undersigned will ask Branch _____ of the
METROPOLITAN TRIAL COURT MANILA CITY to approve the foregoing Motion for
Extension of Time to File Responsive Pleading.
COPY FURNISHED:
To: Atty. WIN PANALO
Counsel for the Plaintiff.
3rd Floor Roxas BLDG
Malate Manila City
EXPLANATION
The foregoing Motion to Dismiss has been served on Plaintiffs counsel by
registered mail due to lack of time and personnel to effect personal delivery.