CA-G.R. CV No.

001235

Republic of the Philippines

COURT OF APPEALS

Cagayan de Oro City

-o0o-

JASMINE ABUBAKAR

Defendant-Appellant

-versus-

RICHARD BELLA

Plaintiff/Appellee

RTC CIVIL CASE NO. 1234

RTC9 Branch 17, Zamboanga City

RE: COLLECTION OF SUM OF MONEY

X-------------------------------x

BRIEF FOR THE PLAINTIFF-APPELLANT

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 TABLE OF CONTENTS

Page

ASSIGNMENT OF ERROR ……………………………………………. 3

STATEMENT OF THECASE ……………………………………………. 3

STATEMENT OF FACTS ………………………………………………… 4

ARGUMENT---

ASSIGNMENT OF ERROR …………………………………………… 5

PRAYER…………………………………………………………………….. 6

Law Discussed:

CIRCULAR NO. 14-93 July 15, 1993

SUBJECT: GUIDELINES ON THE KATARUNGANG PAMBARANGAY
CONCILIATION PROCEDURE TO PREVENT CIRCUMVENTION OF
THE REVISED KATARUNGANG PAMBARANGAY LAW (SECTIONS
399-422, CHAPTER VII, TITLE I, BOOK III, R.A. 7160. OTHERWISE
KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991).

The Revised Katarungang Pambarangay Law under R.A. 7160, otherwise known as the
local Government Code of 1991, effective on January 1, 1992, and which
repealed P.D. 1508, introduced substantial changes not only in the authority
granted to the Lupong Tagapamayapa but also in the procedure to be observed
in the settlement of disputes within the authority of the Lupon.

ASSIGNMENT OF ERROR

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 THE LOWER COURT ERRED IN DENYING THE MOTION TO DISMISS
FOR LACK OF JURISDICTION OVER THE SUBJECT MATTER
FOR FAILURE TO COMPLY WITH THE CONDITION PRECEDENT
REQUIREMENT OF CERTIFICATE TO FILE ACTION
FROM THE BARANGAY

STATEMENT OF THE CASE

On January 3, 2019 herein Apellee represented by Atty. Hilary Duff filed with the
Regional Trial Court 9 Branch 17, Zamboanga City the instant complaint against
Jasmine Abubakar, praying among others, that judgment be rendered in his favor and
order defendant to pay the following: (1) The sum of One Million Pesos (1,000,000) plus
interest at the rate of ten percent (10%) per month as stipulated in the promissory note;
(2) Moral and exemplary damages at the sum discretion of the court; (3) Attorney’s fees
amounting to One Hundred Thousand Pesos (P100,000) and appearance fee of Three
Thousand Five Hundred Pesos (P3,500) per hearing; (4) Litigation expenses amounting
to Twenty Thousand Pesos (P20,000).

Appellee alleged as his cause of action that on January 1, 2005, the Appellant
borrowed from the Appellee a sum of money amounting to One Million Pesos
(1,000,000) with an agreed interest of ten percent (10%) per month, payable within six
(6) months as evidenced by a promissory note. That as shown in the promissory note,
the indebtedness of the defendant became due and demandable on July 1, 2005. That
the six-month period had elapsed and despite repeated demands both written and
verbal to which defendant personally received, Appellant failed, neglected and refused
to fulfill obligations without just and valid grounds to the continued damage and
prejudice of the plaintiff. That the Appellee, in order to comply herein Appellant to pay
her obligations, brought the matter to the court for a civil action.

That on February 9, 2019 Appellant filed her Answer with Affirmative Defenses
(with Motion to Dismiss for Lack of Jurisdiction). On February 20, 2019 both parties
filed their respective memorandum. The case was referred to mediation and the pre-trial
conference was set on February 22, 2019 at 8:30 a.m.

On March 4, 2019 the lower court denied the Motion to Dismiss for Lack of
Jurisdiction. The lower court in its March 4, 2019 Order states that “the requirement for
Barangay Conciliation and to secure the Certificate to File Action is not necessarily a

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material document that the Complainant needs to comply before an action is filed at
court, he may or may not comply with such requirement. Attached is the certified true
copy of the three page March 1, 2019 Order as Annex A for the Defendant-Appellant
for the Court of Appeals’ file copy.

Appellant filed their Motion for Reconsideration to the March 4, 2019 Order and
Appellee their Comment/Opposition (to the Appellant’s MR). That on March 11, 2019
the lower court issued an order denying the motion for reconsideration thus, this appeal
was taken as a due course by the defendant-appellant. Attached is the one-page March
11, 2019 Order as Annex B for the Defendant-Appellant for the Court of Appeals’ file
copy.

STATEMENT OF FACTS

On January 3, 2019, a civil action was filed against the herein Appellant for
Collection of Sum of Money. The Appellee submitted documentary evidence to prove
his claim. However, the Plaintiff failed to include the Certificate to File Action that has to
be secured from the Barangay in compliance with the Katarungang Pambarangay Law.

Motion to dismiss for lack of jurisdiction on this ground was submitted by the
Appellant dated February 9, 2019 but the same was denied by the lower court in its
order dated March 4, 2019.

ARGUMENT
ASSIGNMENT OF ERROR

THE LOWER COURT ERRED IN DENYING THE MOTION TO DISMISS

FOR LACK OF JURISDICTION OVER THE SUBJECT MATTER
FOR FAILURE TO COMPLY WITH THE CONDITION PRECEDENT
REQUIREMENT OF CERTIFICATE TO FILE ACTION
FROM THE BARANGAY

That the court has no jurisdiction of the defendant and/or of the subject matter of
the action, for the reason that the same did not comply with the condition precedent for
the filing of such action as provided by law;

1. That the condition precedent referred to herein is the submission

complaint for Barangay Conciliation;

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2. That in the absence of a certification therefrom attesting that no
amicable settlement is reached the action has not yet ripen into
actionable cause in court;

3. In addition 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”.
Any violation of this Circular shall be cause for the
dismissal of the complaint, petition, application or other
initiatory pleading, upon motion and after hearing.

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 It is clear from the foregoing that compliant in the instant case is fatally defective.
This being the case the complaint in the instant case should be dismissed even on this
ground alone.

PRAYER

IN VIEW OF THE FOREGOING premises, the Defedndant-Appellant respectfully

pray that the Order dated March 4, 2019 of the Regional Trial Court Branch 17 of
Zamboanga City be NULLIFIED and the case be DISMISSED for Lack of Jurisdiction.

Submitted this 13th day of March 2019 from Zamboanga City to Cagayan de Oro
City, Philippines.

VHONG PAKI TONG

Counsel for Defendant-Appellant
Roll No. 48765
PTR No. 3843377, 1/11/2012, Z.C.
IBP No. 848779, 1/06/2012, Neg. Occ.
MCLE Compliance III-001831,1/12/2018
MCLE Compliance IV-0001242, 6/27/2018
c/o TONG LAW OFFICE
rd
3 Floor, VV Bldg., San Jose Panigayan St.,
7000 Zamboanga City
Tel. No. (062) 9915490

Copy furnished to:

ATTY. SAY WAT YOU

Counsel for Plaintiff-Appellee
YOU LAW OFFICE
G/F Negro Building
Valderroza St., Zamboanga City

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