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Form No. 1--Motion to Dismiss

Category: Philippines Legal Form Hits: 16876

(Motion to Dismiss)

(CAPTION)

MOTION TO DISMISS

COMES NOW the Respondent, _____________ Inc., through the undersigned counsel, appearing especially and
solely for this purpose, and to this Honorable Court, most respectfully moves for the dismissal of the Complaint on
the following ground that THE HONORABLE COURT HAS NOT ACQUIRED JURISDICTION OVER THE PERSON OF THE
DEFENDING PARTY.

DISCUSSION
A cursory reading of the Summons and Return of Service would readily show that the copies of the Summons dated
08 May 2001 and the Complaint and its corresponding annexes were allegedly delivered and tendered upon the
Movant _____________ INC. through a certain Maria Clara alleged to be the authorized personnel of Movant
_____________ INC., Bacolod City on 29 August 2001. Copies of the said Summons and Return of Service that
form part of the records on the case are hereto pleaded as integral part of this Motion;

Said service of Summons, however, constitutes an improper service of summons amounting to lack of jurisdiction
over the person of the herein Movant Corporation _____________ INC. since the summons was improperly served
upon a person who is not one of those persons named or enumerated in Section 11, Rule 14 of the 1997 Rules of
Civil Procedure upon whom service of summons shall be made;

The material provision on the service of summons provided for in Section 11 of Rule 14 of the 1997 Rules of Civil
Procedure reads as follows:

"Section 11. Service upon domestic private juridical entity.- When the defendant is a corporation, partnership or
association organized under the laws of the Philippines with a juridical personality, service may be made on the
president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel" (underscoring
ours)

It bears no further emphasis that the service of the summons was done on a person who is not included in the
exclusive enumeration provided for under the said Section, as service was done only on an alleged authorized
personnel of the Movant Corporation;

This new revision of the Rules of Court for the service of summon is a clear departure from the old rule as stated in
Section 13, Rule 14 of the Rules of Court which provided that:

"SECTION 13.Service upon private domestic corporation or partnership. - If the defendant is a corporation
organized under the laws of the Philippines or a partnership duly registered, service may be made on the president,
manager, secretary, cashier, agent, or any of its directors."

It must be equally noted that the changes in the new rules are substantial and not just general semantics as the
new rules restricted the service of summons on persons clearly enumerated therein. In effect, the new provision
makes it more specific and clear such that in the case of the word "manager", it was made more precise and
changed to "general manager", "secretary" to "corporate secretary", and excluding therefrom agent and director;

The designation of persons or officers who are authorized to accept summons for a domestic corporation or
partnership is under the new rules, limited and more clearly specified, departure from which is fatal to the validity
of the service of the summons and resulting in the failure of the court to acquire jurisdiction over the person of the
respondent corporation.

PRAYER

WHEREFORE, it is respectfully prayed that the Complaint with respect to the Movant Corporation be dismissed for
lack of jurisdiction over the person of the defendant.

Other reliefs just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)
 COPY FURNISHED:

OPPOSING COUNSEL

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