Republic of the Philippines

REGIONAL TRIAL COURT

8th Judicial Region
Branch 39
Sogod, Southern Leyte
Rtc2sgd039@judiciary.gov.ph
-o0o-

JEZIEL OBEDA RECUERDO,

Plaintiff, Civil Case No. R799-C
For:
-versus-
DECLARATION OF NULLITY OF
MARRIAGE
ERWIN Q. RECUERDO,
Defendant.
X----------------------------------/

NOTICE OF DISMISSAL OF COMPLAINT

COMES NOW, the undersigned counsel and to this Honorable Court most
respectfully STATES:
That under Section 1, RULE 17 of the 2019 AMENDMENTS TO THE 1997
RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC), it states:
Section 1. Dismissal upon notice by plaintiff. – A complaint may be dismissed by the
plaintiff by filing a notice of dismissal at any time before service of the answer or of a
motion for summary judgment. Upon such notice being filed, the court shall issue an
order confirming the dismissal. Unless otherwise stated in the notice, the dismissal is
without prejudice, except that a notice operates as an adjudication upon the merits when
filed by a plaintiff who has once dismissed in a competent court an action based on
orincluding the same claim. (1)

That in the above-entitled complaint the records speak that that there is now
answer filed by the defendant
 1. This Motion is not intended for delay but solely due to the foregoing
reasons;

PRAYER

WHEREFORE, it is most respectfully prayed that this ENTRY AS

COUNSEL for the defendant be APPROVED by this Honorable Court and that he
be given an extension of ten (10) days from today to file such ANSWER;
Respectfully submitted. Sogod, Southern, Leyte, May 25, 2022.

Page 2

ATTY. JOSE RAMIL G. GOLO

Roll No. 48869
MCLE Compliance No. III-000215
MCLE Compliance No. IV-0008641
MCLE Compliance No. V-0024131
MCLE Compliance No. VI-0002932
J.R.G. GOLO LAW OFFICE
1st Floor, Chiong-Golo Building,
Bagares Ext., Zone V, Sogod, Southern Leyte
E-mail add: jrggolo@yahoo.com

With my conformity:
Apolinario P. Cuares
Clerk of Court
MTC, Liloan, So. Leyte

G r e e t i n g s…
Please submit the foregoing for consideration of the Honorable Court upon
receipt sans argument.
Thank you.

J. R. G. GOLO

Copy furnished:

Atty. Marvin A. Magaipo

Counsel for Plaintiff
Zone IV, Sogod, So. Leyte

By personal service

RULE 172019 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC)
DISMISSAL OF ACTIONS
Section 1. Dismissal upon notice by plaintiff. – A complaint may be dismissed by the plaintiff by
filing a notice of dismissal at any time before service of the answer or of a motion for summary
judgment. Upon such notice being filed, the court shall issue an order confirming the dismissal.
Unless otherwise stated in the notice, the dismissal is without prejudice, except that a notice
operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in a
competent court an action based on orincluding the same claim. (1)