REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION MANILA, BRANCH

FE ALVAREZ, Plaintiff, -versusCIVIL CASE NO. 54321

LORNA CABALLERO, Defendant. x-------------------------------------------x MOTION TO DISMISS Defendant , by counsel, hereby states before the Honorable Court, by way of defense, the following:
1. The complaint states no cause of action (Sec. 1, par. g, Rule 16) amounting

to lack of jurisdiction because of failure to pass through the mediation of the Katarungang Pambarangay. Both the plaintiff and the defendant reside in Quiapo, Manila.
2. Filing of the complaint is barred by prescription since it was filed only on

January 21, 2011 more than a year after the delivery of the letter of demand. PRAYER Wherefore, premises considered, the defendant hereby prays that the complaint be dismissed and prays further for such other equitable reliefs as the court may grant. Batangas City for Manila, February 4, 2011

MAGSINO LAWYERS AND ASSOCIATES Counsel for the Defendant Gulugod Baboy, Mabini, Batangas City IBP NO. 243587 PTR No. 34251;1/5/2011;Batangas City MCLE COMPLIANCE NO. 12345

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, LORNA CABALLERO, of legal age, single , Filipino, with office address at with address Arlegui Street, Quiapo Manila after having been sworn to in accordance with hereby depose and state that:

1. I am the defendant in the foregoing case and I have caused the preparation of the

foregoing answer, 2. I have read the averments contained therein, which are true and correct to the best of my personal knowledge and authentic records, 3. I further certify that plaintiff has not commenced any other action of proceeding involving the same issues in the Supreme Court, Court of Appeals or other tribunal or agency of the government; to the best of my knowledge no such action or proceeding is pending before said courts, tribunal or agency, and in the event that plaintiff hereafter learns that a similar action had been filed or is pending before the said court, tribunal or agency, it undertakes to report such fact within five (5) days from to the concerned court, tribunal or agencies.

LORNA CABALLERO Defendant SUBSCRIBED AND SWORN to before me this 4th day of February 2011 , affiant exhibiting to me his Comm. Tax Cert. No. 02585462 issued at Batangas City on January 13, 2000.

NOTARY PUBLIC Doc. No. ___, Page. No. ___, Book. No. ___, Series of 2011. MAGSINO LAWYERS AND ASSOCIATES Counsel for the Defendant Gulugod Baboy, Mabini, Batangas City PTR No.34251;1/5/2011;Batangas City MCLE COMPLIANCE No. 12345