Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 45, City of Manila
PEDRO C. LABO,
Plaintiff,
Civil Case No. 12345
-versus- For: Sum of
Money

JOKOY LINAW, OPC.

Defendant.

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MOTION TO DISMISS

Defendant Jokoy Linaw, OPC (JLO), by counsel, moves to dismiss the complaint filed by
Pedro C. Labo(Pedro) on the sole ground that the court has no jurisdiction on the subject matter
of the complaint.

ARGUMENT

Undoubtedly, Pedro has been appointed as Vice-President for Special Concerns and
Administration in JLO. But that office was simply a creation of JLO’s President, Mr. Jokoy
Linaw, pursuant to his function as sole director and president of JLO, a one person corporation.
Nothing in the Articles of Incorporation and by-laws that JLO submitted to the Securities and
Exchange Commission ever stated that Pedro’s position is a corporate office. Accordingly,
Pedro was an ordinary, not a corporate officer. His claims of illegal removal from office and
recovery of his other benefits are thus well within the jurisdiction of another tribunal and not
this Court

Relief

ACCORDINGLY, JLO asks that Pedro’s complaint be dismissed fortwith for utter lack
of jurisdiction.

Other reliefs just and equitable are also asked for.

Manila, Philippines. May 5, 2020

(sgd.) ATTY. NATHANIEL
BONIFACIO
Counsel for Defendant
Unit 1, Building X, Mendiola, Manila.
Roll No. 12345
IBP No. 123456:
PTR No. 12456
MCLE I
MCLE II
Copy Furnished;
ATTY. SUNDAY S. DOMINGO
Counsel for Plaintiff Pedro C. Labo
(Address)

Madam:
Please take notice that the undersigned counsel shall submit the foregoing motion
to dismiss for the Court’s resolution on May 8, 2020, Friday, at 2:00 PM.
(sgd.) ATTY. NATHANIEL
BONIFACIO
 Counsel for Defendant

NOTE: Only four grounds now may justify the filing of a motion to dismiss, to wit: lack of
jurisdiction over the subject matter of the case, litis pendentia, res judicata, and prescription.
Outside of these grounds, a motion to dismiss may be denied forthwith.