REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Fifth Judicial Region
Branch ____, Legazpi City

B
Plaintiff,

-versus- CIVIL CASE NO. ______

For: Non-dismissal of Action
A
Defendant.
X ----------------------------------------X

MEMORANDUM

The Plaintiff, thru the undersigned Counsel, unto this Honorable

Court respectfully submits and presents this memorandum in the case:

THE PARTIES

1. That Plaintiff is of legal age, Filipino, single, and with residence at

Legazpi City;

2. That Defendant is also of legal age, Filipino, single, and with

residence at Legazpi City, where he could be served with summons
and other processes of the Court;

STATEMENT OF MATERIAL FACTS

1. That the Defendant has filed a motion to dismiss the case on the
ground of improper service of summons;

2. That the Plaintiff counter filed the said memorandum for the non-
dismissal of the action on the ground of improper service;

3. That the Defendant involuntarily appeared during the proceedings and

the court did not have acquired over the person;

LEGAL ISSUE

1. Whether or not the trial court should dismiss the case automatically
due to improper service of summons
 ARGUMENT

1. That the court acquires jurisdiction over the person of the defendant
upon the valid service of summons, or upon the voluntary appearance
of the defendant. In case of a failure to serve summons, or in case of
an improper service of summons, jurisdiction over the person of the
defendant may be nevertheless acquired through voluntary
appearance. Section 20 of Rule 14 provides, to wit,

Sec. 20. Voluntary appearance. – The defendant’s voluntary

appearance in the action shall be equivalent to service of summons.
The inclusion in a motion to dismiss of other grounds aside from lack
of jurisdiction over the person shall not be deemed a voluntary
appearance;

2. Hence the need to file the non-dismissal of the case on the ground of
improper service of summons;

RELIEF

WHEREFORE, it is most respectfully prayed of this Honorable

Court that the Defendant’s motion for case dismissal on the ground of
improper service of summons be DENIED for having no cause of action and
the petition DIMISSED for being clearly unmeritorious.

Legazpi City, 22 October 2019

PAUL LYDIO ANTHONY S. ARIOLA

Counsel for the Plaintiff
Daraga, Albay
Roll No. ________ IBP No. __________ dated _________
MCLE Compliance No. ______________