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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL REGION
LAS PINAS CITY, BRANCH 143
BRYAN ESPERANCILLA,
Plaintiff,
vs.

CIVIL CASE NO. 15 88888


for DAMAGES

MARK CANTOS,
Defendant,
MOTION TO DISMISS
COME NOW, DEFENDANT, by counsel and unto this Honorable Court, most
respectfully move for the dismissal of the above-captioned case upon the argument:
THAT THE PLAINTIFF HAS NO LEGAL CAPACITY TO SUE; THE COMPLAINT
FAILED TO STATE A CAUSE OF ACTION; THAT A CONDITION PRECEDENT FOR
FILING THE CLAIM HAS NOT BEEN COMPLIED WITH.
II.
DISCUSSION
PLAINTIFF HAS NO LEGAL CAPACITY TO SUE
Sec. 5, Rule 3 of the Rules of Court which pertains to Minor or Incompetent
persons provides that a minor or person alleged to be incompetent, may sue or be
sued, with the assistance of his father, mother, guardian, or if he has none, a guardian
ad litem.
Plaintiff, being only seventeen years of age has no legal capacity to sue and
cannot file any case in court without the legal assistance and representation of the
people mentioned in the above rule. Thus, having no legal capacity, complaint filed by
the plaintiff has no legal effect.

THE COMPLAINT DOES NOT STATE A CAUSE OF ACTION.


Section 1, Rule 2 of the Rules of Court provides that every ordinary civil action
must be based on a cause of action. As defined by the rules, a cause of action is the act

or omission by which a party violates a right of another. It is the delict or wrongful act or
omission committed by the defendant in violation of the primary right of the plaintiff.
To be sufficient, a cause of action must appear from the face of the complaint. In
the case at bar, defendant respectfully submit that the complaint is wanting on this
particular matter and the test is whether the court can render a valid judgment on the
complaint based on the facts alleged and the prayer asked for. Indeed, the elementary
test for failure to state a cause of action is whether the complaint alleges facts which if
true would justify the relief demanded. Only ultimate facts and not legal conclusions or
evidentiary facts, which should not be alleged in the complaint in the first place, are
considered for purposes of applying the test.
Applying this to the complaint, plaintiff failed to state the damages suffered by
him which would be the reason for filing his case. The plaintiff also failed to establish the
existence of his right through which was allegedly violated by Mr. Cantos as there was
nothing mentioned about a contract or stipulation entered into by the parties.

THE CONDITION PRECEDENT OF ENTERING INTO A BARANGAY


CONCILIATATION PROCEEDINGS BEFORE FILING THE CASE IN COURT HAS
NOT BEEN COMPLIED WITH.
Section 3, of P.D. 1508 states that 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 plaintiff resides at 44 Bauhinia St., Barangay Ginebra, Las Pias City while
the defendant resides at 89 Narra St., Barangay Ginebra, Las Pias City. Since the
plaintiff and the defendant are residing in the same barangay, it must be settled first in
the Lupon of the said barangay before filing a complaint to the Court. The plaintiff who
has a cause of action against the defendant must first comply with the Barangay
Captain. Thus, not having the conciliation proceedings, complaint filed by the plaintiff is
without legal effect.

RELIEF

WHEREFORE, defendant respectfully pray that the herein complaint be ordered


dismissed on the ground of lack of jurisdiction over the person of the defendant and for
failure of the plaintiff to state a cause of action..
Other Relief, just and equitable are also prayed for.

By:
ROSALIE R. ROMUALDEZ
PTR No. 05583893; Las Pinas City: 2/09/17
IBP O.R. No. 666432; Las Pinas: 02/13/17
Attorneys Roll No. 456574