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Motion To Dismiss
Motion To Dismiss
PETER T. BUENAVENTURA,
Defendant.
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MOTION TO DISMISS
GROUNDS
II
DISCUSSIONS
2.1. That in the case at bar, there is no showing that summons was served
by handing a copy thereof to the defendant in person or that, at least, efforts
were made to personally serve the summons upon said defendant.
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2.3. That defendant had already paid the money borrowed from the
plaintiff to the her agent t JOLLY CUBILLAN the following amounts: Php
250,000.00 on December 1, 2014 and Php 250,000.00 on January 31, 2015.
2.4. Thus, the Complaint fails to state a cause of action as the obligation
sought to be enforced by the plaintiff is already extinguished
PRAYER
COPY FURNISHED:
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NOTICE OF HEARING
Copies of the Motion were furnished to the prosecution and filed with
this Honorable Court via registered mail due to lack of messengerial
personnel. This is in compliance with Section 11, Rule 13 of the Rules of
Court.
RALNA DYAN T.
FLORANO
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