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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


FIRST JUDICIAL REGION
Branch 2
Baguio City

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO.: 23981


Plaintiff,

- versus - FOR: LIBEL

LIPO VITAN
Defendant,
x--------------------- ---x

MOTION TO DISMISS

COMES NOW, the defendant, through counsel, respectfully


moves this Honorable Court to dismiss the plaintiffs complaint on the
following grounds:

1. The accused was in quandary to learn about the above-


entitled case that was filed against her the fact that there
was never a Barangay proceeding that was conducted
pertaining the above-entitled case;

2. Undersigned counsel was also misled that the case was


referred to the Barangay level as he relied on the existence
of a Certification to File Action upon perused on the record of
the case. The claim of the accused that the case was not
referred to the Barangay was however confirmed upon
recent verification from the Office of the Punong Barangay of
Aurora Hill who certified that indeed the above-entitled case
was never referred to them. Copy of the Certification from
the Punong Barangay of Aurora Hill;

3. The Supreme Court has always consistently ruled that Non-


compliance with the condition precedent prescribed by PD
1508 ( now the Revised Katarungang Pambansang Law as
provided in Sections 399-422 & 515. R.A. No. 7160 ) could
affect the sufficiency of the plaintiffs cause of action and
make his complaint vulnerable for dismissal on the ground of
lack of cause of action or prematurity. This ruling has been
reiterated in the Heirs of Hernando Vinzons Vs. CA ( G.R.
No. 111915 September 30, 1999 and this ruling aptly finds

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application in this instant case. Section 412 of the Local
Government Code thus:

No complaint, petition, action, or


proceeding involving any matter within the
authority of the Lupon shall be filed or
instituted directly in court or any other
government office for adjudication, unless
there has been personal confrontation
before the pangkat, and that no
conciliation has been reached as certified
by the lupon secretary or pangkat
secretary as attested to by the lupon
chairman or unless the settlement has
been repudiated by the parties thereto.

4. The instant case was never brought to the Office of the


Barangay Chairman for possible settlement or conciliation.
This case is within its jurisdiction and the parties reside in
the same Barangay which is Torres Bugallon, Aurora Hill
Extension, Baguio City. There is also no showing that the
case falls under the exception. Hence, the rule of prior
referral to the Barangay was violated which calls for the
outright dismissal of this case;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed


that the Honorable Court resolve to dismiss the complaint for: failure
of the private complainant to comply with the requirement as
mandated under Section 412 of the Local Government Code ( R.A.
7160 ) as discussed earlier.
Other reliefs just and equitable under the premises are likewise
prayed for.
Baguio City, Philippines this 15th day of March 2016.

XXXXX,ZZZZ
Counsel for Plaintiff
No. 23, Otek Square, Otek Street, Baguio City
Roll No. 65321; April 10, 2015
PTR No. 2091162; January 10, 2016, Baguio City
IBP No. 2311755; January 15, 2016, Baguio-Benguet Chapter
M.C.L.E. Compliance No. III-098765, January 11, 2015, Pasig City
Cell No. 09-123-456-789, TIN: 321-654-000

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NOTICE:
THE BRANCH CLERK OF COURT
Municipal Trial Court in Cities
Branch 2, Baguio City

SIR/MAAM:
Please include the foregoing motion as among the motions to
be heard preferably on March 25, 2016 at 8:30 oclock in the morning.
Thank you.
ATTY. XXXXX,ZZZZ

Pros. XYXYXY,YYYY
Public Prosecutor
Office of the City Prosecutor
Justice Hall, Baguio City

SIR:
Please take notice that the undersigned will be submitting
the foregoing motion for the consideration of the Honorable Court
preferably on March 25, 2016 at 8:30 oclock in the morning.
Thank you.
ATTY. XXXXX,ZZZZ

Copy furnished:
Redy Bull
Private Complainant
Torres Bugallon, Aurora Hill Extension,
2600 Baguio City

EXPLANATION
Explanation is hereby made that copy of this motion to dismiss
was served to the private complainant through registered mail due to
distance constraints making personal service not practicable.

ATTY. XXXXX,ZZZZ

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