Motion to Dismiss Complaint

against Defendant Jose Eduardo

J. Alarilla

7. Rule 17 Section 2 of the Rules of Court, as amended, allows a plaintiff to move for the
dismissal of the complaint against a defendant after an answer has been served upon the former, to wit:

Section 2. Dismissal upon motion of plaintiff. – Except as provided in the preceding [S]ection, a
complaint shall not be dismissed at the plaintiff’s instance save upon approval of the court and upon
such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a
defendant prior to the service upon him or her of the plaintiff’s motion for dismissal, the dismissal shall
be limited to the complaint. The dismissal shall be without prejudice to the right of the defendant to
prosecute his or her counterclaim in a separate action unless within fifteen (15) calendar days from
notice of the motion he or she manifests his or her preference to have his or her counterclaim resoled in
the same action. Unless otherwise specified in the order, a dismissal under this paragraph shall be
without prejudice. A class suit shall not be dismissed or compromised without the approval of the court.
(underscoring supplied)

8. In this case, after much thought and consideration, plaintiff deems it proper to have the
complaint against defendant Jose Eduardo J. Alarilla (defendant Alarilla) dismissed and upon realizing
that plaintiff has no more claims against him.

9. Hence, subject to the approval of the Honorable Court, plaintiff moves for the dismissal
of the complaint against defendant Alarilla.

PRAYER

WHEREFORE, premises considered, plaintiff most respectfully prays that the Honorable Court:

1. ALLOW the attendance of plaintiff and his counsel on the scheduled hearing on 23 February
2021 via videoconferencing; and

2. DISMISS the instant Complaint against defendant Jose Eduardo J. Alarilla pursuant to Rule 17,
Section 2 of the Rules of Court, as amended.

Makati City for the City of Manila, 19 February 2021.