Republic of the Philippines

MUNICIPAL TRIAL COURT

Luna, Apayao

Patrick S. Mabini,
Plaintiff, Civil Case No. _________
For: Annulment/Declaration
of
-versus- Nullity of the Deed of Absolute
Sale, Transfer Certificate of
Title, Reconveyance and
Damages
Jimmy B. Calelao.
Defendant.
x-----------------------------------------x

MOTION TO DISMISS

COMES NOW Defendant, thru his undersigned counsel, respectfully

moves that the complaint in this case be dismissed on the ground of lack of cause
of action, and is support thereof, respectfully states THAT:

1. The pleading states no cause of action in favor of the plaintiff;

2. Herein plaintiff is not an heir of the late Wilson Mabini insofar as the
subject land is concerned;

3. The proper heirs of the late Wilson Mabini are his children Ernesto
Mabini, Julio Mabini and Valentino Mabini;

4. The said children are the co-owners of the subject parcel of land;

5. Since plaintiff’s father Valentino Mabini is still alive unto this day, the
plaintiff has no right to the subject parcel of land;

6. The plaintiff is not a real-party-in-interest.

WHEREFORE, it is most respectfully to this Honorable Court that the

above-entitled case be dismissed.

Province of Apayao. June 7, 2022.

BRANCH JAKE E. MADARIAGA

Counsel for the Defendant
09365176722
Poblacion, Luna, Apayao
PTR No. 8080972/February 04, 2018/Apayao
IBP No. 39089/February 08, 2018
Date Admitted: July 7, 2018
Copy Furnished:

ATTY. KYLE POPPY C. EDAY

Counsel for the Plaintiff
Barocboc, Sta. Marcela, Apayao