Republic of the Philippines

Regional Trial Court, 5th Judicial Region

___________
Branch 54
Pedro dela Cruz
Plaintiff
-vs-
John Corporation Inc.
Defendant
MOTION TO DISMISS
COMES NOW the Defendant, John Corporation Inc., through the undersigned
counsel, appearing especially and solely for this purpose, and to this Honorable Court,
most respectfully moves for the dismissal of the Complaint because this court has no
jurisdiction over the subject matter of the claim.[1]
DISCUSSION
A cursory reading of the Complaint readily shows that this case is not within the
exclusive original jurisdiction of the Regional Trial Court of Pili.
The plaintiff in his complaint prays for the following relief;
1. … the sum of 282,186.00 plus 12% interest per annum …
2. … moral and exemplary damages
3. … attorneys fees
REPUBLIC ACT NO. 7691 [2] provides that;
Section 1. Section 19 of Batas Pambansa Blg. 129, otherwise known as
the "Judiciary Reorganization Act of 1980", is hereby amended to read as follows:
"Sec. 19. Jurisdiction in civil cases. — Regional Trial Courts shall exercise exclusive
original jurisdiction:
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"(8) In all other cases in which the demand, exclusive of interest, damages of whatever
kind, attorney's fees, litigation expenses, and costs or the value of the property in
controversy exceeds One hundred thousand pesos (P100,000.00) or, in such other cases
in Metro Manila, where the demand exclusive of the above-mentioned items exceeds
Two Hundred thousand pesos (P200,000.00)."
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Sec. 3. Section 33 of the same law is hereby amended to read as follows:
"Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts in Civil Cases. — Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial Courts shall exercise:
"(1) Exclusive original jurisdiction over civil actions and probate proceedings,
testate and intestate, including the grant of provisional remedies in proper cases,
where the value of the personal property, estate, or amount of the demand does not
exceed One hundred thousand pesos (P100,000.00) or, in Metro Manila where such
personal property, estate, or amount of the demand does not exceed Two hundred
thousand pesos (P200,000.00), exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses, and costs, the amount of which must be
specifically alleged: Provided, That interest, damages of whatever kind, attorney's
fees, litigation expenses, and costs shall be included in the determination of the filing
fees:Provided, further, That where there are several claims or causes of actions
between the same or different parties, embodied in the same complaint, the amount
of the demand shall be the totality of the claims in all the causes of action,
irrespective of whether the causes of action arose out of the same or different
transactions;

Sec. 5. After five (5) years from the effectivity of this Act, the jurisdictional amounts
mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as
amended by this Act, shall be adjusted to Two hundred thousand pesos
(P200,000.00). Five (5) years thereafter, such jurisdictional amounts shall be
adjusted further to Three hundred thousand pesos (P300,000.00): Provided,
however, That in the case of Metro Manila, the above-mentioned jurisdictional
amounts shall be adjusted after five (5) years from the effectivity of this Act to Four
hundred thousand pesos (P400,000.00).

This clearly shows that the case is not within the jurisdiction of the Regional
Trial Court of Pili because RTC’s jurisdiction were doubled as of March 20,
1999 under Sec. 5 of RA 7691; Circular No. 21-99. The original amount of Php
100, 000.00 which was increased to Php 200,000.00 will be increased to Php
300,000.00 five (5) years thereafter. This is in accordance with Circular No. 21-
99 which provides that;
The provisions of Section 5 of Republic Act No. 7691 prescribe that "After five
years [5] from the effectivity of this Act, the jurisdictional amounts mentioned
in Sec. 19 (3),(4), and (8),and Sec. 33(1) of Batas Pambansa Blg. 129 as
amended by this Act, shall be adjusted to Two hundred thousand pesos
[P200,000.00]. Five (5) years thereafter, such jurisdictional amounts shall be
adjusted further to Three hundred thousand pesos [P300, 000.00]: Provided,
However, that in the case of Metro Manila, the abovementioned jurisdictional
amounts shall be adjusted after five [5] years from the effectivity of this Act to
Four hundred thousand pesos [P400, 000.00]."

xxx xxx xxx

Therefore, the said claim is not within the exclusive original jurisdiction of the
Regional Trial Court.

PRAYER
WHEREFORE, it is respectfully prayed that the Complaint be dismissed for lack of
jurisdiction over the subject matter of the claim. Other reliefs just and equitable are
likewise prayed for.
University of Nueva Caceres, Naga City, Philippines, March 01, 2010
_______
March 01,2010