Motion to Dismiss Sample

Republic of the Philippines Regional Trial Court, 5th Judicial Region ___________ Branch 54 Pedro dela Cruz Plaintiff -vsJohn 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: xxx xxx xxx "(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)." xxx xxx xxx 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. 2199 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