Republic of the Philippines

10th Judicial Region

Regional Trial Court
Ligao City, Branch 21

KARL NELZON C. AMORIZ

Plaintiff,

-versus- Civil Case No:.02062121

For: Sum of Money

WILFREDO A. LIM,
Defendant.
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MOTION TO DISMISS

DEFENDANT, by counsel and unto this Honorable Court, most

respectfully move for the dismissal of the above-captioned case upon the
following arguments:

GROUNDS

1. 1. THIS HONORABLE COURT HAS NO JURISDICTION

OVER THE PERSONS OF THE DEFENDANTS.

1.2. THAT THE PLEADING ASSERTING THE CLAIM

STATES NO CAUSE OF ACTIONS.

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.

2.2. That there being no personal service of summons upon defendant

nor justifiable causes for substituted service in accordance with the
requirement of the rules, it follows that the Honorable Court has not
acquired jurisdiction over said defendant’s person.

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 2.3. That defendant had already paid the money borrowed from the
plaintiff to the her agent MICHAEL D. BUENTIEMPO the following
amounts: Php 250,000.00 on November 01, 2021 and Php 250,000.00 on
May 1, 2022.

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

WHEREFORE, defendants respectfully pray that the herein complaint be

ordered dismissed on the ground of lack of jurisdiction over the persons of
the defendants and/or for failure of the plaintiff to state a cause of action.

Other Relief, just and equitable are also prayed for.

MOST RESPECTFULLY SUBMITTED.

Ligao City, Philippines, 6 February 2023.

JOSHUA L. TUAZON
Roll No. 1212123
Counsel for the Plaintiff
PTR No. 2408989, 1-07-13, Ligao City
IBP Lifetime No. 092417
MCLE Compliance No. III-0002453
TUAZON LAW OFFICE
082 Masagana St., Brgy. Tomolin, Ligao City

COPY FURNISHED:

ATTY. SEAN E. RAMOS

Counsel for the Plaintiff
Navarro Street, Brgy. Washington, Ligao City

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 NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Regional Trial Court
10th Judicial Region
Ligao City, Branch 21

ATTY. SEAN E. RAMOS

Counsel for the Plaintiff
Navarro Street, Brgy. Washington, Ligao City

Please take notice that on Friday, 20 February 2015, at 2:00 o’clock in

the afternoon or thereabouts, or as soon as this may be calendared for
hearing, the undersigned counsel will submit the foregoing Motion for the
consideration and approval of this Honorable Court.

JOSHUA L. TUAZON

EXPLAINATION ON SERVICE BY REGISTERED MAIL

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.

JOSHUA L. TUAZON

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