Republic of the Philippines

Province of Lanao del Norte

4th Municipal Circuit Trial Court
Maigo-Bacolod-Munai
12th Judicial Region
Bacolod, Lanao del Norte

PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus - Criminal Case No. 2115-N

For: Reckless Imprudence

Resulting to Homicide

EDBYRON BULAC y GENGOS

Accused.

X ------------------------------------------ X

MOTION TO DISMISS

COMES NOW the accused Edbyron G. Bulac through the

undersigned counsel, and to this Honorable Court, most respectfully
moves for the dismissal of the Information on the following ground that
THE ________________________________

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