Republic of the Philippines

Regional Trial Court

Second Judicial Region
Tuguegarao City

LOONIE DE VERA
Plaintiff

CIVIL CASE NO: 2548

FOR: COLLECTION OF SUM OF MONEY

-versus-

ZAITO CRUZ
Defendant

x------------------------x

MOTION TO DISMISS

Defendant, by his undersigned attorney, respectfully moves that the complaint be dismissed on
the following grounds:

I. The court has no jurisdiction of the defendant and/or of the subject matter of action, for the reason
that at the outset, it must be pointed out 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 and not to the defendant;

II. This facts was not unknown to the plaintiff since he was the one who proposed the said
arrangements.

WHEREEFORE, defendants pray that the complaint be dismissed, with cost against the plaintiff.

Other just equitable reliefs are also prayed for.

Tuguegarao, 31 November 2020

Atty. Bambino Arambulo

Counsel for the Defendant
 VERIFICATION

I, ZAITO CRUZ, 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. 2548 pending before the Regional Trial Court, Branch 33,
Tuguegarao City and which is the subject of the present case.

2. I have caused the preparation and filing of the foregoing Motion to Dismiss.

ZAITO CRUZ
Affiant

Subscribed and sworn to before me this 31 st day of November 2020 at Tuguegarao City, Cagayan
affiant has exhibited to me his Postal ID issued by Postal Office of Cagayan issued at Tuguegarao City
bearing her photograph and signature.

Atty. Bambino Arambulo

Doc No. xxx

Page No. xxx
Book No. xxx
Series of 2020