Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 1
Quezon City, Metro Manila

ESTATE OF XXXXXXXXXXXXXXX, Civil Case No. C-999999

Plaintiff, Reconveyance of Real Property and
Damages.
-versus-

HEIRS OF TERESITA ABELLERA, ET AL.

Defendants.
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MANIFESTATION WITH MOTION TO DISMISS

DEFENDANTS manifest that a careful and thorough perusal of the case records reveal the
following:

1. XXXXXXXXXXXXXXX was appointed administrator over the estate of

XXXXXXXXXXXXXXX by Regional Trial Court Branch XXXXX Quezon City sitting
as a probate court through its issuance of Letters of Administration 1 on April 9, 2008. The
appointment specifically provides that unless sooner revoked or extended by a separate
order, the validity period of the said appointment was three years from
XXXXXXXXXXXX.

2. XXXXXXXXXXXX’s appointment expired on April 8, 2011. However, there is nothing

on record to show that his appointment as administrator was extended by the probate
court.

3. As per the Honorable Court’s order dated XXXXXXXXXXXXXXXXX, both parties are
no longer represented by counsel. The Honorable Court ordered the parties to look for
their respective counsels. It further declared that it will not hesitate to dismiss the case if
parties fail to inform the court of their interest in pursuing the same.

4. XXXXXXXXXXXXXXXXXXXXX, undersigned counsel entered her appearance as

counsel for defendants. To date, plaintiff remains unrepresented.

5. Upon inquiry, this representation discovered that XXXXXXXXXXXXX unfortunately

passed on sometime in XXXXXXXXXXXXXXXX.

6. Neither XXXXXXXXXXXXXXXXXXX, prior to his death, nor his counsel validly

appeared before this Honorable Court since 2017 or attempted to inform this court of the
former’s reappointment as administrator or of his willingness to pursue this case.

Section 3, Rule 17 of the 1997 Rules of Civil Procedure, as amended, provides only three
instances wherein the Court may dismiss a case for failure to prosecute:

PRAYER

In consideration of the foregoing facts and in accordance with the applicable rules of civil
procedure, defendants respectfully pray that these manifestations be noted. Defendants move for
the dismissal of this case with prejudice for plaintiff’s failure to prosecute for an unreasonable
length of time, his lack of interest, and for his failure to comply with the orders of this Honorable
Court.
1
Annex “A” of the Complaint filed on December 12, 2008.
Finally, in consideration of the travel restrictions due to the Covid-19 pandemic, defendants
respectfully move that their participation in the hearing for this motion be through video
conference.

Other reliefs just and equitable are likewise prayed for.

Quezon City, XXXXXXXXXXXXX.

Counsel for Defendants

2
Cristina De Knecht and Rene Knecht vs Court of Appeals, et al., G.R. No. 108015 May 20, 1998.