REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

REGION VIII
TACLOBAN CITY, BRANCH 42

JUAN DELA CRUZ

Petitioner,

-versus- CIVIL CASE No. SC-14344

For: Quieting of Title

PEDRO PENDUCO
Defendant.

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MOTION TO DISMISS PLAINTIFF’S COMPLAINT

FOR FAILURE TO COMPLY WITH THIS HONORABLE COURT’S
ORDERS

DEFENDANT, through counsel respectfully moves for the dismissal of

the complaint on the ground of Plaintiff’s failure to comply with this Honorable
Court’s Orders dated February 5, 2011, respectfully states:

1. Pursuant to an Order of this Honorable Court dated February 5,

2011, Plaintiff was required to make the necessary corrections in the
Formal Offer of Exhibits filed by the Plaintiff through counsel within
fifteen (15) days from receipt of such Order.

2. Plaintiff failed to file the necessary corrections by the due date.

Hence, on June 19, 2011, this Honorable Court reiterated to Plaintiff
the said Order in open court, and was granted another fifteen (15)
days to comply with the Order.

3. Another Order of this Honorable Court, dated January 6, 2019,

reiterated to Plaintiff to comply with the Order of February 11, 2011
within fifteen (15) days from receipt of such Order, under pain of
contempt or other appropriate sanctions.

4. Up to this date, more than ninety (90) days from the issuance of the
Order dated January 6, 2019, and almost fourteen (13) months from
the issuance of the first Order dated December 5, 2018, Plaintiff has
yet to file the necessary corrections as ordered by this Honorable
Court.
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5. Consequently, Plaintiff’s unjustifiable disregard of said Orders has

prevented the defendants from presenting their evidence; thus,
effectively depriving them of their day in court.

6. Moreover, despite prior notice, Plaintiff’s counsel failed to appear

before the Honorable Court during the last two (2) hearings on
October 20, 2011 and February 16, 2012, without any explanation
or reason therefor.

7. Pursuant of Sec. 3, Rule 17 of the Rules of Court - Dismissal due to

fault of plaintiff. — “If, for no justifiable cause, the plaintiff fails to
appear on the date of the presentation of his evidence in chief on the
complaint, or to prosecute his action for an unreasonable length of
time, or to comply with these Rules or any order of the court, the
complaint may be dismissed upon motion of the defendant or upon
the court's own motion, without prejudice to the right of the
defendant to prosecute his counterclaim in the same or in a separate
action. This dismissal shall have the effect of an adjudication upon
the merits, unless otherwise declared by the court.”

PRAYER
WHEREFORE, premises considered, it is respectfully prayed on this
Honorable Court for the dismissal of the complaint, without prejudice to the
right of the defendants to prosecute their counterclaims.

Other just and equitable reliefs are likewise prayed for.

RESPECTFULLY SUBMITTED.

Quezon City for San Pedro, Laguna, March 22, 2012.

MA. ROCHELLE A. DIAZ

PTR No.13777; TACLOBAN CITY; 02 January 2019
IBP No. 888888; Tacloban City; 31 January 2019
Attorney Roll No. 123456
MCLE Compliance IV No. 0000888

SAMPLE ONLY
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