Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 12, Valenzuela City

JOHN DOMINIQUE L. POBLETE,

Defendant.
Civil Case No. V-08-INQ-159-09999

- versus - For: ESTAFA AND VIOLATION OF BP. 22

JOEY D. CELESPARA,
Plaintiff,

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MOTION TO DISMISS
Defendant thru his undersigned attorney, respectfully moves this
Honorable Court to dismiss the plaintiff’s complaint on the following
grounds:
1. The accused makes, draws or issues any check to apply to account
or for value.
2. The check is subsequently dishonored by the drawee bank for
insufficiency of funds or credit; or it would have been dishonored
for the same reason had not the drawer, without any valid reason,
ordered the bank to stop payment.
 3. The accused knows at the time of the issuance that he or she does
not have sufficient funds in, or credit with, drawee bank for the
payment of the check in full upon its presentment.

ARGUMENTS
1. Defendant convinced me to take his check for rediscounting
representing that the checks will be good on the date indicated on the
checks.
2. That on the dates of the check I deposited the same and to my dismay
they all came back with annotations ACCOUNT CLOSED.
3. Defendant defrauded me to part with my money when he issued a
check with insufficient funds and worse account closed. He issues
checks knowing very well that the same is worthless.
4.
However, because this element involves a state of mind which is difficult to
establish, Section 2 of BP 22 creates a prima facie presumption of such
knowledge, as follows:

Sec. 2. Evidence of knowledge of insufficient funds.– The making, drawing

and issuance of a check payment of which is refused by the drawee because
of insufficient funds in or credit with such bank, when presented within
ninety (90) days from the date of the check, shall be prima facie evidence of
knowledge of such insufficiency of funds or credit unless such maker or
drawer pays the holder thereof the amount due thereon, or make
arrangements for payment in full by the drawee of such check within five (5)
banking days after receiving notice that such check has not been paid by the
drawee.

PRAYER
WHEREFORE, in view of the foregoing, defendant prays that
plaintiff’s complaint be dismissed, with costs against the plaintiff.

Caloocan City, 10 October 2021

Atty. Lilia C. Reyes

Counsel for Defendant
 NOTICE OF HEARING
To: Counsel for Plaintiff
Address: 21 Sabino Alley ST., Maysan Valenzuela City
Greetings!
Please take notice that on Wednesday, October 13, 2021, at 5:00 pm.,
or as soon thereafter as counsel may be heard, the undersigned will ask this
Honorable Court to approve the foregoing Motion to Dismiss.

EXPLANATION AS TO SERVICE
Copy of this Motion to Dismiss was served to the counsel for plaintiff
thru registered mail. Personal service cannot be effected due to lack of
manpower, as well as distance and time constraints.

Copy furnished: counsel for plaintiff