REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Mandaluyong City, Branch __

SALVADOR CHUA
Plaintiff,

-versus- Civil Case No.:_______

For: Sum of Money

RODRIGO RIVERA,
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 argument: THE CONDITION PRECEDENT OF ENTERING
INTO A BARANGAY CONCILIATION PROCEEDINGS BEFORE
FILING THE CASE IN COURT HAS NOT BEEN COMPLIED WITH.

DISCUSSIONS

I. THE CONDITION PRECEDENT OF ENTERING INTO

A BARANGAY CONCILIATATION PROCEEDINGS
BEFORE FILING THE CASE IN COURT HAS NOT
BEEN COMPLIED WITH

1.1 Section 3, of P.D. 1508 states that disputes between or among persons
actually residing in the same barangay shall be brought for amicable
settlement before the Lupon of said barangay. Those involving actual
residents of different barangays within the same city or municipality
shall be brought in the barangay where the respondent or any of the
respondents actually resides, at the election of the complainant.
However, all disputes which involved real property or any interest
therein shall be brought in the barangay where the real property or any
part thereof is situated.

1.2 The plaintiff resides at Unit 715, Tower B, Almira Residences, Brgy.
Addition Hills, Mandaluyong City while the defendant resides at Unit

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 708, Tower B, Almira Residences, Brgy. Addition Hills, Mandaluyong
City. Since the plaintiff and the defendant are neighbors and are residing
in the same barangay, it must be settled first in the Lupon of the said
barangay before filing a complaint to the Court. The plaintiff who has a
cause of action against the defendant must first comply with the
Barangay Captain.

1.3 Thus, not having the conciliation proceedings, complaint filed by the
plaintiff is without legal effect.

PRAYER

WHEREFORE, defendants respectfully pray that the herein complaint be

ordered dismissed on the ground of lack of the condition precedent of
entering into a barangay conciliation proceeding before filing the case in
court.

Other Relief, just and equitable are also prayed for.

ATTY. JASFHER CALLEJO

Roll No. 82489
Counsel for the Defendant
PTR No. 2408989, 1-07-13, Mandaluyong City
IBP Lifetime No. 092417
MCLE Compliance No. III-0002453
email: jasfhercallejo@gmail.com

COPY FURNISHED:

ATTY. FRA ANGELICA S. ALEJANDRO

Counsel for the Plaintiff
PTR No. 11657134J; 01/03/19; Pasig City
IBP No. 057603; 12/27/18; PPLM
Attorney’s Roll No. 71534

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 NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Regional Trial Court
Mandaluyong City, Branch ______

ATTY. FRA ANGELICA S. ALEJANDRO

Counsel for the Plaintiff
Pasig City

Please take notice that on Wednesday, 15 May 2019, 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.

JASFHER CALLEJO

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.

JASFHER CALLEJO

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 VERIFICATION

I, RODRIGO RIVERA, of legal age and a resident of Mandaluyong

City, after having been duly sworn to in accordance with law hereby depose
and state that:

1. I am the defendant in Civil Case No. _____ pending before the

Regional Trial Court, Branch ___, Mandaluyong City and which is
the subject of the present case.
2. I have caused the preparation and filing of the foregoing Motion to
Dismiss in accordance with the Rules of Court, as amended,
3. I have read and understood all the allegations contained therein and
that they are true and correct based on my own personal
knowledge and/or based on authentic records in my possession.

RODRIGO RIVERA
Affiant

SUBSCRIBED AND SWORN TO before me this 15th day of May

2019 at Mandaluyong City. Affiant has exhibited to me his Driver’s License
issued by Mandaluyong City bearing his photograph and signature.

Doc. No. ______

Page No. ______
Book No. ______
Series of 2019.

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