REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION
BRANCH 90
DASMARIAS CITY
(SITTING IN IMUS, CAVITE)

NATIONAL POWER
CORPORATION,
Plaintiff,

-versus-

ANSON NGO, RAMON T. ONG, CIVIL CASE NO. 1599-97

TERESITA C. MANGUBAT, SAN
MIGUEL METAL WORKS, INC.,
ISIDRO N. CUSTODIO & IMELDA
C. BAUTISTA,
Defendants.
x------------------------------------x

REPUBLIC OF THE PHILIPPINES,

Movant.
x------------------------------------x

MOTION TO DISMISS

Movant, by counsel, to this Honorable Court respectfully moves for

the dismissal of the present petition and states that:

1. On 12 January 2001, the Office of the Solicitor General received

the Honorable Court's Order dated 29 December 2000, which archived
the case because it has been pending since 20 October 1998.

2. Rule 17, Section 3 of the Rules of Court provides:

Section 3. Dismissal due to fault of plaintiff If, for

no justifiable cause, the plaintiff fails to appear on
the date of the presentation of his evidence in chief
on the complaint, or to prosecute his action for an
unreasonable length of time, or to comply with
Motion to Dismiss 2
Civil Case No. 1599-97
NPC vs. Anson Ngo, et al.
x--------------------------------x

these Rules or any order of the court, the

complaint may be dismissed upon motion of
the defendant or upon the court's own motion,
without prejudice to the right of the defendant
to prosecute his counterclaim in the same or in
a separate action. This dismissal shall have the
effect of an adjudication on the merits, unless
otherwise declared by the court. (3a)
3. Fifteen (15) years have passed and petitioner has not revived
the instant case.

4. Considering the foregoing, the instant case should be

dismissed for failure to prosecute.

PRAYER

WHEREFORE, it is respectfully prayed that the instant case be

dismissed for failure to prosecute.

Makati City for Imus, Cavite, 31 January 2013.

FRANCIS H. JARDELEZA
Solicitor General
IBP Lifetime No. 00037
Roll No. 25719
MCLE Exemption No. III-8523

DEREK R. PUERTOLLANO
Assistant Solicitor General
IBP Lifetime No. 01927
Roll No. 36444
MCLE Compliance No. III-0003826
Motion to Dismiss 3
Civil Case No. 1599-97
NPC vs. Anson Ngo, et al.
x--------------------------------x

LEANNE MAUREEN S. APOLINAR

Associate Solicitor I
Roll No. 59511
IBP No. 889346
MCLE Compliance No. IV-0009172, 11-13-2012

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St., Legaspi Village, Makati City
Email Address: docket@osg.gov.ph
Telephone No.: 812-7980

NOTICE AND REQUEST FOR HEARING

Atty. Deogracias B. Conchu

Counsel for the Defendants
Conchu, Tancinco & Associates
Rm. 608 Campos Rueda Bldg.,
Urban Ave., Makati City

Office of the Provincial Prosecutor

Imus, Cavite

The Clerk of Court

RTC Branch 90
Dasmarias City, Cavite
(Sitting in Imus, Cavite)

Greetings!

Please set the aforementioned Motion for the consideration of

the court on such date and time as may be convenient on the
court's calendar. The Provincial Prosecutor of Cavite is hereby
authorized to appear and argue this motion in behalf of the OSG.
Motion to Dismiss 4
Civil Case No. 1599-97
NPC vs. Anson Ngo, et al.
x--------------------------------x

LEANNE MAUREEN S. APOLINAR

Associate Solicitor

Copy Furnished:

Atty. Deogracias B. Conchu

Counsel for the Defendants
Conchu, Tancinco & Associates
Rm. 608 Campos Rueda Bldg.,
Urban Ave., Makati City

EXPLANATION
(Pursuant to Rule 13, Section 11 of the 1997 Rules of Civil
Procedure)

The foregoing Motion to Dismiss is being filed and served

through registered mail, personal filing and service being
impracticable due to distance and lack of personnel.

LEANNE MAUREEN S. APOLINAR

Associate Solicitor