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MICHAEL ROMERO, Plaintiff, -versusMARIO DINGLASAN, Defendant, x------------------------------------------x DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO PROSECUTE COMES NOW the defendant by his undersigned counsel, and to this Honorable Court respectfully moves for the dismissal of the remainder of this action, with prejudice, due to plaintiff's failure to prosecute as provided for in Rule 17 Section 3 of the Rules of Court, which provides: Sec. 3 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. ARGUMENTS That the case was initially set for hearing on this Honorable Court on ______. Within which, the plaintiff failed to attend due some health issues, which through his counsel caused the postponement of the said hearing. CIVIL CASE NO. 13-12345

Thereafter, the case was rescheduled for initial hearing on _______. Wherein, the plaintiff managed to attend said hearing. The continuation of the said hearing was scheduled on ________. However, due to unavailability of the plaintiff, he had again failed to attend the hearing which again caused the postponement of the trial. That the hearing was reset for several occasion all at plaintiff's failure to actively participate in the proceedings. That the plaintiff's failure to attend set hearings without any reasonable cause has been habitual and has caused not only unreasonable delay and obstruction of the speedy disposition of the case but also mental and emotional anguish on the part the defendant. WHEREFORE, it is respectfully prayed that the complaint be dismmed. Quezon City, ____________

Alba Diaz Sibal Venus Law Offices No. 88 Arch. Bishop Reyes St., Pasig City


ATTY. VERONICA DIAZ Counsel for the Defendant IBP No. : 258147; 11/11/2011 Manila PTR No.: 35790; 11/11/2011 Manila Roll No.: 147025; 04/01/2010 MCLE No. I- 260135; 04/01/2010 Contact Number: 357-2468 loc. 987 Email Address: