Professional Documents
Culture Documents
Motion To Dismiss (PDNM)
Motion To Dismiss (PDNM)
DECLARATION
OF MARRIAGE WITH
MOTION TO DISMISS
COME NOW, DEFENDANT, by counsel and unto this Honorable Court, most
respectfully move for the dismissal of the above-captioned case upon ground that
THIS HONORABLE COURT HAS NO JURISDICTION OVER THE PERSON OF THE
DEFENDANT.
DISCUSSION
SUMMONS WAS NOT SERVED UPON JUSTINE R. DICAPRIO AS MANDATED BY THE
RULES. HENCE, THIS HONORABLE COURT HAS NO JURISDICTION OVER ITS PERSON.
1. A.M. No. 02-11-10-SC is the applicable rule governing such actions,
Section 1 thereof provides:
Section 1. Scope - This Rule shall govern petitions for declaration of
absolute nullity of void marriages and annulment of voidable marriages
under the Family Code of the Philippines.