REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

DUMAGUETE CITY

HARVEY SPECTER
Plaintiff,

-versus- CIVIL CASE

No. 123456

MIKE ROSS
Defendant.
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DEFENDANT, through counsel, moves for the dismissal of the complaint on the
ground that the honorable court has not acquired jurisdiction over the person of the
defendant.

A reading of the Summons and Return of Service shows that the copy of the
Summons dated February 1, 2017 and the Complaint and its corresponding annexes
were allegedly delivered and tendered upon the movant, Mike Ross through a certain
Loiuse Litt, alleged to be the janitor of said Mike Ross’s office of business.

Said service of Summons, however, constitutes an improper service of summons

amounting to lack of jurisdiction over the person of the herein Movant Mike Ross since
the summons was improperly served upon a person who is not one of those persons
named or enumerated in Section 6 and 7, Rule 14 of the 1997 Rules of Civil Procedure
upon whom service of summons shall be made;

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 the janitor of the defendant’s office of business.

The rule is clear in stating that: SECTION 6. Service in person on defendant. –

Whenever practicable, the summons shall be served by handing a copy thereof to the
defendant in person, or, if he refuses to receive or sign for it, by tendering it to him. ;
SECTION 7. Substituted service – If, for justifiable causes, the defendant cannot be
served within a reasonable time as provided in the preceeding section, service may be
effected (a) by leaving copies of the summons at the defendant’s residence with some
person of suitable age and discretion then residing therein, or (b) by leaving copies at
the defendant’s office or regular place of business with some competent person in
charge thereof.

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.

Dumaguete City, Philippines, April 20, 2017

SELENA GOMAEZ
Attorney for the Defendant
 NOTICE OF HEARING

Atty. Justin Beiber

Attorney for the Plaintiff
#2 Rovira Road, Dumaguete City,
Negros Oriental, Philippines

Greetings:

Please take notice that on Friday, April 28, 2017, at 10:00 A.M., or as soon
thereafter as counsel may be heard, the undersigned will submit the foregoing moition
for the approval of the court.

SELENA GOMEZ
Attorney for the Defendant