You are on page 1of 3

Republic of the Philippines

REGIONAL TRIAL COURT


Branch 8
10 Judicial Region
th

Malaybalay City

BUKIDNON PLANTERS’ Civil Case No.


_________
ASSOCIATION, INC.
Represented by:
ANTHONY R. QUEJADA
Plaintiff, For:
SUM OF MONEY
WITH
DAMAGES
-versus-

ANTONIO P. JAYAG
Defendant.
x--------------------------------------/

MOTION FOR RECONSIDERATION

COMES NOW, the Plaintiff, through the undersigned by


counsel and unto this Honorable Court, most respectfully
avers:

TIMELINESS OF FILING THIS PLEADING

1. This Motion for Reconsideration of the Decision dated


October 18, 2018 (“Decision”) of this Honorable Court
dismissing the complaint filed by the Plaintiff for sum
of money with damages against the defendant on the
ground of lack of jurisdiction;

2. The accused received a copy of the Decision on


October 30, 2018 and has up to November 15, 2018
to file this pleading in accordance with the pertinent
provisions of the Rules of Court;
THE CASE

1. This present case precipitated from a complaint filed by


the Plaintiff on March 23, 2018 against the Defendant for
sum of money with damages. In the complaint, Plaintiff
claimed a principal amount of THREE HUNDRED
THOUSAND PESOS (Php 300,000.00).

2. On October 31, 2018, Plaintiff received an Order dated


October 18, 2018 from the Honorable Court which
dismissed the complaint on the ground of lack of
jurisdiction. Specifically, the Order opined that the
principal amount claimed is within the jurisdiction of the
Municipal Trial Court. Hence, this present Motion for
Reconsideration.

GROUND

THE HONORABLE COURT ERRED IN DISMISSING THE


COMPLAINT FOR SUM OF MONEY DATED MARCH 23, 2018 ON
THE GROUND OF LACK OF LACK OF JURISDICTION

ARGUMENTS/DISCUSSION

1. The Plaintiff asks for the reconsideration of the Decision


on the ground that the Plaintiff inadvertently failed to
include accrued interests which interests should be
included in the computation of the jurisdictional amount
of the complaint. Although B.P. 129, as amended,
specifically provided that interests shall be excluded in
the computation of the jurisdictional amount, this does
not mean that accrued interest - which are already fixed
and determinable at the time of the filing of the
complaint - will also be excluded.

2. Based on the foregoing discussion, should the accrued


interest be included in the computation, in so far as the
determination of the jurisdictional amount is concerned,
would entail that the it would now be within the
jurisdiction of the Regional Trial Court.

3. Plaintiff is willing to pay the filing and docket fees


corresponding the accrued interest as afore-stated.
WHEREFORE, in view of the foregoing, it is respectfully prayed that this
Honorable Court RECONSIDER its Decision promulgated on October 18,
2018 dismissing the Complaint on the ground of lack of jurisdiction.

Such other relief and other remedies just and equitable


under the premises are likewise prayed for.

City of Malaybalay, Bukidnon, _______________ 2018.

LAGAMON AND ASSOCIATES LAW OFFICE


2nd Floor, Jamstar Building, corner
Judge Carillo- San isidro Sts., Brgy 5,
Malaybalay City, Bukidnon
Counsel for the Accused

By:

ALBERTO R. LAGAMON
PTR No. 6951161 : 1-26-2018
IBP lifetime No. 08176
ROLL of Atty’s No. 52899
TIN 106-037-743
Malaybalay City Bukidnon
MCLE Compliance No. V- 0009310

DENCE CRIS L. RONDON


Roll of Attorneys’ No. 67495
PTR No. 6933714/10-JAN-2018/BUK.
IBP O.R. No. 23742/15-JAN-2018/BUK.
Tax Identification No. 496-556-017-000
MCLE Compliance No. VI-

Copy furnished: