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MCF No.

19A RRSP
Motion to Dismiss

Original Court, 1st Copy Plaintiff, 2nd Copy Defendant, Other copies as needed
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BRANCH
Case No.
Plaintiff/
Petitioner , v.
Defendant/
Respondent

COUNSEL OR PARTY WITHOUT COUNSEL


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e
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Plaintiff/
Petitioner
Defendant/
Respondent
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MOTION TO DISMISS
UNDER SECTION 19(a) OF THE REVISED RULE ON
SUMMARY PROCEDURE

________________________________________________________
(name)

moves to dismiss the complaint and states:

The Court has no jurisdiction over the subject matter of the


complaint because:
the value of the personal property, estate, or amount of the
demand exceeds P300,000.00 or, in Metro Manila where such
personal property, estate, or amount of the demand exceeds
P400,000.00 exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses and costs.
the complaint involves title to, or possession of, real property,
or any interest therein where the assessed value of the property
or interest therein exceeds P20,000.00 or, in civil actions in
Metro Manila, where such assessed value exceeds P50,000.00
exclusive of interest, damages of whatever kind, attorney's fees,
litigation expenses and costs.

This case is not exempt from the requirement of barangay


conciliation and the plaintiff failed to refer the complaint to the
Lupon Tagapamayapa.

PROOF OF SERVICE
A copy of this Motion was served upon:
Persons Name Method Place Served Date Served
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Proof of such service is attached to this Motion as an Annex.

Date Party/Partys Counsel Name and Signature

ORDER
After a review of the Motion, and comment/opposition, reply, the
Motion is
granted. The complaint is dismissed for:
lack of jurisdiction over the subject matter.
non-compliance with the requirement of barangay conciliation.
denied.
set for hearing on ____________________________ .
(date)

Judge Date

SPECIAL INSTRUCTIONS

COPIES TO BE FILED WITH THE COURT


An original copy of this Form must be filed with the Court together with the stated
annexes attached to it.

A party required by the rules to serve a copy of on the adverse party need not enclose
copies of those annexes that based on the record of the court such party already has in his
possession. In the event a party requests a set of the annexes actually filed with the court,
the party who filed the paper shall comply with the request within five days from receipt.
[Section 5(e) and 6, Efficient Use of Paper Rule A.M. No. 11-9-4-SC]

MOTION TO DISMISS UNDER THE RULE ON SUMMARY page 2 of 2


PROCEDURE