REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

MUNICIPAL TRIAL COURT IN CITIES
BRANCH _____
PALAYAN CITY

Plaintiff,

-versus- CIVIL CASE NO.___________

For: FORCIBLE ENTRY with
Prayer for Temporary
Restraining Order (TRO)
and Preliminary and/or
Permanent Injunction

Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - -x

MOTION TO DROP
THE NAME OF EDUARDO TABERNA AS DEFENDANT

PLAINTIFF, through the undersigned counsel, and unto this

Honorable Court respectfully aver:

1. The plaintiff filed a case of Forcible Entry with Prayer for

Temporary Restraining Order and/or Preliminary Injunction/Permanent
Injunction against the herein defendants including Defendant;

2. Due to inadvertence, the name of Defendant is included as

defendant. However, his only participation is the subsequent utilization of
the illegally created road, as he did not employ any force, threat, and
intimidation to enter the subject property;

3. Given the above, it would be unfair and inequitable under the

law to include Defendant in the proceedings of this case, when clearly and
without doubt, he was never a part of the action committed by the other
defendants that give rise to this case;

4. Section 11 of the New Rules of Civil Procedure, allows the

dropping of the name of a party in case of misjoinder of parties, thus:
 “SEC. 11 Misjoinder and non-joinder of parties –
x x x Parties may be dropped or added by order of
the court on motion of any party or on its own
initiative at any stage of the action and on such
terms as are just. x x x”

5. In view thereof, Plaintiff moves to strike out the name of

Eduardo Taberna as defendant in the case at bar.

WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Court that the name of Defendant be stricken off the
pleadings and records of the case.

Other reliefs, just and equitable are likewise prayed for under the
premises.

Cabanatuan City for Palayan City, July 23, 2021

NOTICE OF HEARING

The Clerk of Court

Municipal Trial Court in the Cities
Branch _____
Palayan City

Greetings:

Please include the foregoing Motion for immediate consideration of

this Honorable Court on July 26, 2021 at 9 in the morning or in any other
date which this Honorable Court may accommodate.

Copy Furnished:
Brgy. Sisilang, Bongabon, Nueva Ecija

EXPLANATION

Service of this Motion was made to plaintiff through registered mail

due to lack of personnel to effect personal service.