Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch 03
Tuguegarao City

HEIRS OF ARTURO ANNANG,

Represented by RAYMUNDO Z.
ANNANG, ET. AL.
Plaintiff,
Civil Case No. 7564
-versus-

CITY GOVERNMENT OF
TUGUEGARAO CITY and
MAYOR DELFIN TING,
Defendants.
x-----------------------------------x

MOTION TO DISMISS

COME NOW, DEFENDANTS, through the undersigned counsel,

appearing especially and solely for this purpose, and unto this Honorable
Court most respectfully submits this motion to dismiss or in alternative to
drop Tuguegarao City as public defendant on the ground that

GROUND

Mayor Delfin T. Ting acted beyond the scope of his authority. Thus,
he must be only sued on his private capacity.

DISCUSSION

Mayor Delfin Ting Acted

Beyond his Authority

As can be gleaned from the complaint, plaintiff alleges that there is

concerted intrusion and trespass into plaintiffs private property done by the
defendant Mayor Ting and men acting under his direction and control, the
diggings, excavation, and construction being undertaken by the Mayor
Delfin Ting, there being no lawful authority for the same, nor permission
from the plaintiffs, no written contract or agreement and not a single centavo
was paid to the plaintiff-landowners.

Pursuant to Sec. 444 (b) (1) of RA 7160

a) The municipal mayor, as the chief executive of the
municipal government, shall exercise such powers and
perform

It is equally well-settled principle that the corporate mask may be

removed or the corporate veil pierced when the corporation is just an alter
ego of a person or of another corporation. For reasons of public policy and in
the interest of justice, the corporate veil will justifiably be impaled only
when it becomes a shield for fraud, illegality or inequity committed against
third persons. Timotheo H. Sarona vs. National Labor Relations
Commission, Royale Security Agency (Formerly Sceptre Security and
Agency) and Cesar S. Tan G.R. No.185280. January 18, 2012

As a rule, local officials in Municipal Corporation may be held

personally liable if they acted beyond the scope of their authority and with
bad faith must be sued in their personal capacity. Moreover, when they act
maliciously and wantonly and injure individuals rather than discharge of
public duty, they are personally liable.

Hence, defendant City Government of Tuguegarao as a municipal

corporation organized and created by virtue law, the liability of Mayor
Delfin T. Ting who acted beyond the power authorized by law is not to be
attached to the government itself.

PRAYER

WHEREFORE, in light of the foregoing, it is most respectfully prayed

to the Honorable Court to dismiss the case or in alternative to drop
Tuguegarao City Government as public defendant on the ground of Mayor
Delfin T. Ting acted beyond his authority as City Mayor of Tuguegarao
City.

Such other reliefs just and equitable in the premises are prayed for.

Tuguegarao City, Cagayan, August 17, 2016.

NOEL A. MORA
 Counsel for defendant Tuguegarao City
Tuguegarao City Legal Office
IBP OR NO. 946929/01-05-16
PTR OR NO. 1781116/01-05-16
MCLE Compliance No. V-0014514
Roll No. 42605
CP No. 0917-537-0555
Email: noelmora19@yahoo.com

The Branch Clerk of Court

RTC Branch 3
Tuguegarao City

GREETINGS:

Please take notice of the foregoing motion to dismiss for the kind
consideration of this Honorable Court.

Thank you.

NOEL A. MORA

Copy furnished:

ATTY. RAYMUND Z. ANNANG

217 Guava Road, Villa Benita Subdivision
Cabanatuan City

ATTY. LEMUEL M. DE GUZMAN

National Irrigation Administration
Maddarulug, Solana, Cagayan

EXPLANATION

The foregoing motion is being served by registered mail due to far

distance which makes personal service impracticable.

NOEL A. MORA

PREFARATORY STATEMENT
 In May, 2010, defendant Mayor Ting and plaintiff Annang met in
Tuguegarao City, and in the presence of an Engineer of the NIA, agreed
before the construction of the impounding dam will be started, a written
agreement or contract will be first be executed between them to lay down the
terms and conditions thereof but despite efforts of plaintiffs to have the
contract or agreement executed and signed, Mayor Ting failed and refused to
respond affirmatively giving a flimsy reason that he is busy.

Sometime in October 2010, plaintiff Annang went to Tuguegarao City

to visit their property when he noticed that there were already diggings and
excavations therein by defendant Mayor Ting and his men in connivance and
in cooperation with defendants NIA and Engr. Antonio C. Laras men who
have unlawfully entered the property without any authority nor permission
from the plaintiffs, sans any written agreement executed between them and
without any single centavo was paid to the plaintiffs.

Plaintiff Annang repeatedly called the attention of defendant Mayor

Ting and his men to this violation of plaintiffs right, as well of their
agreement but the latter just kept on assuring plaintiff Annang that he will
sign the contract or agreement but failed and continues to fail to comply with
his promises and commitment to plaintiff Annang.

The

Moreover, there is no petition for expropriation or eminent domain

has been filed against the property of the plaintiffs before any Court or
tribunal.