Republic of the PhilippinesProvince of Surigao del Norte
City/Municipality of Surigao
MUNICIPAL TRIAL COURTBranch 01, City of SurigaoHercules
Ramirez,
Plaintiff,
CIVIL CASE No. 123456
-versus-
FOR : SUM OF MONEY
Cupid Hedalgo,
Defendant,
x - - - - - - - - - - - - - - - - - - - - - - - xMOTION TO
DISMISSDEFENDANT, by counsel, respectfully moves to dismiss the
Complaint on the ground that the Complaint FAILS TO STATE A CAUSE
OF ACTION as THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS
NOT YET DUE AND DEMANDABLE.In strengthening of the foregoing
ground, Defendant respectfully submits the following:
Argument1. Allegedly, defendant has failed to pay under the
Promissory Note dated January 16, 2015. Plaintiff now seeks to
collect the sum of One Hundred Thousand pesos (P100,000.00),
representing the amount under the said Promissory Note.2. The
Promissory Note is due and demandable on two (2) months after its
execution; the period of two (2) months has not yet reached.
Consequently, plaintiffs claim is premature as there is yet no
breach of the contract until the period indicated has lapsed. For
this reason, plaintiffs Complaint states no cause of action and
must be dismissed.
WHEREFORE, defendant respectfully prays that the Complaint be
DISMISSED for failure to state a cause of action.
Other just and equitable reliefs are also prayed for.
Surigao City, Surigao del Norte, February 7, 2015ANALEE
ALVERASTINECounsel for Defendant3rd floor, Yuipco Bldg.
Borromeo Street, Surigao City
Attorneys Roll no. 12345
IBP No.23456-01/08/11-Surigao
PTR No. 45678-01/08/11-SurigaoMCLE Compliance No.II-0008776-Nov
18, 2013REQUEST FOR AND NOTICE OF HEARING
The Branch Clerk of Court
Municipal Trial Court
Branch 1, City of Surigao
Please submit the foregoing Motion to the Court for its
consideration and approval immediately upon receipt hereof and
kindly include the same in the courts calendar for hearing on
February 16, 2015 at 8:30 in the morning.
Analee S. Alverastine
Counsel for Defendant
Atty. Sean Darwina
Counsel for Plaintiff
1424 Rizal Street
Surigao City
Please take notice that counsel has requested to be heard on
February 16, 2015 at 8:30 in the morning.
ANALEE ALVERASTINE
Counsel for Defendant
3rd floor, Yuipco Bldg.
Borromeo Street, Surigao City
Copy furnished through personal service:Atty. Sean Darwina
Counsel for Plaintiff
1424 Rizal Street
Surigao City
