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Republic of the Philippines

REGIONAL TRIAL COURT 9TH JUDICIAL REGION Branch ____ Zamboanga City
THE VJD LENDING INVESTOR ZAMBOANGA INC., herein Represented by its Manager May Ann J. Ekeena, Plaintiff, -versusCivil Case No. __________ For: SUM OF MONEY BABY GIRL C. ASUCARERA, BABY BOY D. DE SALINAS, and JESUS QUEMA CARBON DE PAYA, Defendants, x- - - - - - - - - - - - - -x

MOTION TO DISMISS (For Defendant BABY GIRL C. ASUCARERA)


COMES NOW, Defendants BABY GIRL C. ASUCARERA, through the undersigned counsel, unto this Honorable Court, most

respectfully manifests that on March 3, 2013, she received a copy of the summons issued by this Honorable Court directing her to answer the complaint in the above-entitled case, pursuant to the provisions of Rule 16 of the Revised Rules of Court, hereby moves to dismiss the complaint on the following: GROUNDS FIRST: THAT THE OBLIGATION SUBJECT OF THE COMPLAINT EVEN IF VALID IS ALREADY BARRED BY PRESCRPTION; and SECOND: THAT THE TRIAL COURT HAS NO JURISDICTION OVER THIS CASE; DISCUSSION/ARGUMENTS FIRST GROUND: THAT THE OBLIGATION SUBJECT OF THE COMPLAINT EVEN IF VALID IS ALREADY BARRED BY PRESCRPTION. Defendant-movant respectfully submits that the obligation subject of this complaint, even assuming that it was validly

2 entered, has already prescribed or is barred by prescription. It is to be observed that the alleged promissory note evidencing the contract of loan is dated January 31, 2001. Under the law, obligations within a arising of from 10 written years contract the must be sued In upon the

period

from

date

thereof.

instant case, however, the suit has been filed only in 2013 or more than 12 years from the date of the written agreement. Under Rule 16 of the Revised Rules of Court, prescription is one of the grounds for a motion to dismiss. SECOND GROUND: THAT THE TRIAL COURT HAS NO JURISDICTION OVER THIS CASE; Secondly, defendant-movant also respectfully submits that the court has no jurisdiction over the case. Jurisdiction is the power of the court to hear and decide a case and is conferred by the law. In cases involving the collections of sums of money, the test of jurisdiction is the total amount of the claims. In the instant case, contrary to the allegations of the plaintiff, the total amount of the loan is only P50,000.00. Even assuming, without admitting, that the said obligation is still subsisting, jurisdiction over an ordinary action for the collection of the said amount even with interest lies in the Municipal Trial Court and not with the Regional Trial Court. WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that, after due hearing, this case be ordered DISMISSED on grounds of prescription of action and/or lack of jurisdiction. Other reliefs as are just and equitable under the premises are likewise prayed for. City of Zamboanga, Philippines, March 14, 2013.

3 VEEJAY D. RAFAELA Counsel for the Defendant-Movant No. 025, Canelar Street, Zamboanga City PTR No. 0202234; Jan. 08, 2013/ZC IBP OR No. 111755849; Jan. 09, 2013/ZC MCLE Compliance Number 11120015418 Roll No 3832212. -TO THE BRANCH CLERK OF COURT: GREETINGS! Please submit the foregoing Motion to Dismiss to the Honorable Court immediately upon receipt hereof and set it for hearing on Friday, April 5, 2013 at 8:30 a.m. or at the earliest time possible thereafter as may be available in the calendar of the Honorable Court. ATTY. VEEJAY D. RAFAELA -----------------------------------------------------------NOTICE OF HEARING TO: Atty. Vanessa Joy R. Delatado 025, Divisoria, Zamboanga City GREETINGS! Please take NOTICE that the undersigned counsel is submitting the foregoing motion for the consideration of the Honorable Court and has set the same for hearing on April 05, 2013 at 8:30 p.m. or at the earliest time possible thereafter as may be available in the calendar of the Honorable Court. ATTY. VEEJAY D. RAFAELA Copy furnished: ATTY. VANESSA JOY R. DELATADO 025 Divisoria Zamboanga City Counsel for Plaintiff Received:_______________________: Date____________