REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL REGION
MANILA CITY

MARA

Plaintiff, CIVIL CASE NO: 291

vs. For: COLLECTION OF

CLARA A SUM OF MONEY

Defendant.

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MOTION TO DISMISS

CLARA, by counsel and unto this Honorable Court, most respectfully moves
for the dismissal of the above-captioned case upon the following arguments:

ARGUMENTS

1. The Court does not have Jurisdiction over the Subject Matter of the
Case
1.1 The complaint failed to raise that a subsequent agreement has been
reached between the parties that if the defendant fails to tender full
payment of the TEN MILLION PESOS (PHP 10,000,000) loan on 22
Dec 2022 to the plaintiff, the parcel of land owned by the defendant
with TCT No. 555 located in Poblacion, Makati, Manila shall be
executed in favor of the complainant.
1.2 The fact that the defendant borrowed from the plaintiff the amount
of TEN MILLION PESOS (PHP 10,000,000) is not refuted, which is said
to be paid on 22 December 2022, stipulating that an interest of ONE
percent (1%) per month shall accrue.
1.3 The plaintiff's complaint refers to a promissory note (ANNEX "A") and
a demand letter (ANNEX "B"). However, the terms of the promissory
note and the obligations allegedly breached must be clearly outlined,
leading to ambiguity in the plaintiff's assertions.
2. The Pleading asserting the Claim states no Cause of Action
2.1 Subsection 5 of the complaint has no basis; the defendant did not
receive text messages, calls, and emails from the complainant
regarding the settlement of her obligations.
2.2 In light of this, the complainant failed to pursue mediation,
arbitration, or other forms of Alternative Dispute Resolution
Remedies before filing a lawsuit.

WHEREFORE, it is respectfully prayed that the complaint be dismissed.

Other just and equitable reliefs are also prayed for.

Manila City, Philippines, 1st day of December 2023.

GIL & PUYAT LAW OFFICES

Counsel for Defendant
Unit 444, Kahit-Saan Place,
Cubao, Quezon City
Contact Number: 8-7000-00
khl.gplawoffices@gmail.com

ATTY. KATHRYN HOPE LUSTRE

Roll No. 170697
IBP No. 123456/06-17-2023/Manila City
PTR No. 9876543/01-17-2023/Quezon City
MCLE: February 23, 2023

SUBSCRIBED AND SWORN to before me this 1st day of December

2023 in the City of Manila, Philippines, Counsel for defendant exhibited to me
her IBP No. 123456/06-17-2023 as valid proof of identity.

Doc. No. _____

Page No. _____
Book No. _____
Series of 2018