Vous êtes sur la page 1sur 3

Submitted by:

Cruz, Aileen P.
Ngo, Perpetua Calliope C.
3A

Republic of the Philippines


REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 10, Makati City
CYNTHIA REYES ALMAZOR,
Plaintiff,
-versusCaseNo. 124325
RAIN CLINE SNOW,
MONEY

Civil
For: SUM OF

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 has been EXTINGUISHED BY PAYMENT,
as shown by the following:
1. Defendant had fully paid his debt of One Million
Three Hundred Twenty Thousand Pesos (PHP1,320,000.00)
within one (1) year of the Promissory Note executed by
Defendant in favor of Plaintiff on 3 September 2014, or on or
before 3 September 2014, in twelve (12) equal monthly
installments of ONE HUNDRED TEN THOUSAND PESOS
(P110,000.00) as they fell due. Consequently, Plaintiffs
claim has already been paid. 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.

Makati City; 11 November 2014.


(Sgd.) AILEEN CHARISSE P. CRUZ
Counsel for Defendant
8th Floor DEF Bldg.
Pasay Road, Makati City
Atty. Roll No. 10088012
IBP 234567 02-12-13; Makati
PTR 2345678 02-12-13; Makati
MCLE Compliance No. 123456
REQUEST FOR & NOTICE OF HEARING
THE BRANCH CLERK OF COURT
Regional Trial Court
Branch 10, Makati City
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 Friday, 21 November 2014 at 8:30 in the
morning.
AILEEN CHARISSE P. CRUZ
Counsel for Defendant
8th Floor DEF Bldg.
Pasay Road, Makati City
PERPETUA CALLIOPE C. NGO
Counsel for Plaintiff
20th Flr. ABC Bldg.
123 Ayala Avenue
Makati City
Please take notice that counsel has requested to be
heard on Friday, 21 November 2014, at 8:30 in the morning.

(Sgd.) AILEEN CHARISSE P. CRUZ


Counsel for Defendant
8th Floor DEF Bldg.
Pasay Road, Makati City

PROOF OF PERSONAL SERVICE


Copy furnished through personal service:
PERPETUA CALLIOPE C. NGO
Counsel for Plaintiff
20th Flr. ABC Bldg.
123 Ayala Avenue
Makati City

VERIFICATION
Republic of the Philippines
City of Makati

)
) s.s.

Rain Cline Snow, after having been duly sworn in


accordance with law, deposes and states that:
1 He is the plaintiff in the pleading/document entitled
Motion to Dismiss;
2 He has caused its preparation;
3 He has read it and the allegations therein are true
and correct of her own knowledge or based on
authentic records.
(Sgd.) Rain Cline Snow
SUBSCRIBED AND SWORN TO before me in the City of
_______________ on this day of _________________, affiant
exhibiting before me his community tax certificate no.
_______________
issued
on
__________________
at
_____________________.
(Sgd.) Tinker C. Bell
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2014.