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Republic of the Philippines

Second Judicial Region


MUNICIPAL TRIAL COURT in CITIES
Branch 04
Tuguegarao City, Cagayan

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE No. 30444


Plaintiff,

-versus- FOR:

EMILY LEE y CONCHA MALICIOUS MISCHIEF


Accused.
x--------------------------------------------x

MOTION TO DISMISS

ACCUSED, through the PUBLIC ATTORNEYS OFFICE, by the undersigned


counsel and unto this Honorable Court respectfully avers:

1. The defendants received a copy of the Summons with the attached


Complaint of the plaintiff on February 10, 2012. He has a period of
fifteen days from receipt to file their Answer.

2. Rule 16, Section 1 of the Rules on Civil Procedure states the grounds for
the filing of a Motion to Dismiss. The motion under this Rule should be
filed within the time for but prior to the filing of the answer of the
defending party to the pleading asserting the claim against him.

3. One of the listed grounds1 for filing a motion to dismiss is That a


condition precedent for filing the claim has not been complied with.

4. While it is true that the plaintiff alleged in its complaint that they
brought the controversy to the attention of the Lupong
Tagapamayapa for conciliation and mediation proceedings, the
Certification attached to the Complaint is not a Certification to File
Action.

1
Rule 16, Section 1, paragraph (j)
5. The document (Annex E) attached merely states that the plaintiff is
the real owner of the lot located at Alibago, Enrile, Cagayan and that
he bought the same for P150,000.00.

6. I t was time and again held by the Supreme Court that where the
Complaint does not state that it is one of the excepted cases, or it
does not allege prior availment of said conciliation process, or it does
not have a Certification that no conciliation or settlement had been
reached by the parties (emphasis supplied), the case should be
dismissed on motion. This applies to cases cognizable by both the
inferior courts and the Regional Trial Courts.2

7. If the plaintiff fails to comply with the requirements of the Local


Government Code, such complaint filed with the court may be
dismissed for failure to exhaust all administrative remedies.3

8. Hence, it is respectfully submitted that the failure of the plaintiffs to


attach the necessary Certification to File Action is fatal to their case.

PRAYER

WHEREFORE, defendants respectfully pray to this Honorable Court, after


notice and hearing, to issue an order dismissing the Complaint for failure to
comply with a condition precedent for filing a claim.

Other reliefs just and equitable are likewise prayed for.

Tuguegarao City, Cagayan for Solana, Cagayan-February 24, 2012.

2
Morata vs. Go, et., al., G. R. No. 62339, Oct. 27, 1983
3
Garces v. Court of Appeals, G.R. No. L-76836, 23 June 1988, 162 SCRA 504
PUBLIC ATTORNEYS OFFICE
Tuguegarao City District Office
Counsel for the Defendant

by:

LOVELORN S. TAGABING-GALANO
Public Attorney II
Roll of Attorneys No. 48802-05/03/04
IBP No. 856210-01/04/12-Cagayan
MCLE Compliance Certificate not yet
issued

NOTICE OF HEARING, FILING AND SERVICE

THE CLERK OF COURT


MCTC SOLANA-ENRILE
Solana, Cagayan

ATTY. BONIFACIO ALBINO B. PATTAGUAN, JR.


Counsel for the Plaintiff
Tuguegarao City, Cagayan

GREETINGS:

Please submit the Motion to Dismiss for resolution of the Honorable Court
and set the same for hearing on March 13, 2012 at 1:30 oclock in the afternoon
or at the next available calendar date as counsel or matter may be heard.

Thank you.

Copies of this pleading will be filed and served to the plaintiffs counsel by
registered mail in lieu of personal service due to distance and lack of material
time.

` LOVELORN S. TAGABING-GALANO

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