Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Davao City

RUDOLPH P. BUENO,
Plaintiff,
Civil Case No. ____
FOR: Collection of sum of
money
-versus-

ANTONIO JUAN A. MERCADO, JR.

Defendant.
X------------------------X

MOTION TO DISMISS

DEFENDANT, through his counsel, move that the complaint in

this case be dismissed, and in support thereof, respectfully alleges:

1. That the court has no jurisdiction of the of the defendant

and/or of the subject matter of the action, for the reason that at the
outset, it must be pointed out that as per request made by plaintiff,
defendant just signed the promissory note to accommodate his friend
and that proceeds of the loan subject of the above mentioned
promissory note went to her friend Martinni A. Fundador and not to
the defendant;

2. This fact was not unknown to plaintiff since she was the
one who proposed the said arrangements;

3. Hence, if at all plaintiff should go after Martinni A.

Fundador and not after herein defendant;

4. Nevertheless, if only to establish the fact that the instant

suit is patently baseless and ungrounded, and that plaintiff
maliciously instituted the same defendant deems it necessary to set-
up the following defense;

5. In addition to the full settlement of the Php 350,000.00

plaintiff seeks to collect from defendant by virtue of the instant case
on ground of defective Certificate of Non-forum shopping;
 6. A perusal of the Verification and Certification against
Forum Shopping attached to the complaint readily reveals that the
same is not subscribed nor sworn in violation of the Administrative
Circular No. 09-94 which states in pertinent parts:

“The plaintiff, petitioner, applicant or principal party seeking

relief in the complaint, petition, application or other initiatory
pleadings shall certify under oath in such original pleadings,
or in a sworn certification annexed therto and
simultaneously filed therewith, to the truth of the following
facts and undertakings: (a) he has not heretofore commenced
any other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or
agency; (b) to the best of his knowledge, no such action of
proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency; (c) if there is any
such action or proceeding which is either pending or may have
been terminated, he must state the status thereof; and, (d) if
he should thereafter learn that a similar action or proceeding
has been filed or is pending before the Supreme Court, the
Court of Appeals or any other tribunal or agency, he undertakes
to report that fact within five (5) days therefrom to the court or
agency wherein the original pleading and sworn certification
contemplated herein have been filed.

xxxxxxxx

Any violation of this Circular shall be cause for the

dismissal of the of the complaint, petition, application
or other initiatory pleading, upon motion and after
hearing. Under scoring ours.

7. It is clear from the foregoing that compliant in the instant

case is fatally defective which cannot be cured by mere amendment;

8. This being the case the complaint in the instant case

should be dismissed even on this ground alone.

PRAYER
WHEREFORE, defendant prays that the complaint be
dismissed, with cost against the plaintiff.
 By:

Sgd.
ATTY. STEPHANIE M. SANTOALLA
Counsel for the Defendant
IBP NO. 071717, 12/12/19, Davao City
PTR NO. 071717, 12/12/19, Davao City
ROLL ATTORNEY NO. 11077
MCLE Comp. No. IV-0004785, 3/2/19
Doors 5 & 6, Tropicana Building,
J.P. Laurel Avenue, Lanang, Davao City

The Clerk of Court

Regional Trial Court
11th Judicial Region
Branch 6

Greetings!

Please submit the foregoing motion for the consideration and

approval of this Honorable Court immediately upon receipt hereof.

Sgd.
ATTY. STEPHANIE M. SANTOALLA
Counsel for the Defendant
 REPUBLIC OF THE PHILIPPINES )
DAVAO CITY )
X---------------------X

VERIFICATION

I, ANTONIO JUAN A. MERCADO, JR., of legal age and a

resident of Tuguegarao City, after having been duly sworn to in
accordance with law hereby depose and state that:

1. I am the defendant in Civil Case No. 12345 pending before

the Regional Trial Court, Branch 6, Davao City and which is
the subject of the present case.

2. I have caused the preparation and filing of the foregoing

Motion to Dismiss.

3. I have read the contents thereof and that the same are true
based on my own personal knowledge and on documents
and records in my possession.

ANTONIO JUAN A. MERCADO, JR.

Affiant

Subscribed and sworn to before me this 13th day of March

2020 at Davao City affiant has exhibited to me her Postal ID No.
243898723 issued by Postal Office in Davao City bearing her
photograph and signature.

Notary Public

Doc. No. _____

Sgd.
Page No. _____ ATTY. STEPHANIE M. SANTOALLA
Book No. _____ Counsel for the Defendant
Series of 2020 IBP NO. 071717, 12/12/19, Davao City
PTR NO. 071717, 12/12/19, Davao City
ROLL ATTORNEY NO. 11077
MCLE Comp. No. IV-0004785, 3/2/19
Doors 5 & 6, Tropicana Building,
J.P. Laurel Avenue, Lanang, Davao City