REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

4TH JUDICIAL REGION
BRANCH XX, SAN PEDRO, LAGUNA
JUAN DELA CRUZ
Petitioner,
-versus-

CIVIL CASE No. SC-1111

For: Quieting of Title

PEDRO PENDUCO
Defendant.
x------------------------------------------------x

MOTION TO DISMISS PLAINTIFFS

COMPLAINT
FOR FAILURE TO COMPLY WITH THIS
HONORABLE COURTS ORDERS
DEFENDANT, through counsel respectfully moves for
the dismissal of the complaint on the ground of Plaintiffs
failure to comply with this Honorable Courts Orders
dated February 5, 2011, respectfully states:
1. Pursuant to an Order of this Honorable Court dated
February 5, 2011, Plaintiff was required to make
the necessary corrections in the Formal Offer
of Exhibits filed by the Plaintiff through counsel
within fifteen (15) days from receipt of such Order.
2. Plaintiff failed to file the necessary corrections by the
due date. Hence, on June 19, 2011, this Honorable
Court reiterated to Plaintiff the said Order in open
court, and was granted another fifteen (15) days to
comply with the Order.
3. Another Order of this Honorable Court, dated March
6, 2012, reiterated to Plaintiff to comply with the
Order of February 11, 2011 within fifteen (15) days
from receipt of such Order, under pain of contempt
or other appropriate sanctions.
4. Up to this date, more than ninety (90) days from
the issuance of the Order dated March 6, 2012, and
almost fourteen (14) months from the issuance
of the first Order dated February 5, 2011, Plaintiff

has yet to file the necessary corrections as

ordered by this Honorable Court.
5. Consequently, Plaintiffs unjustifiable disregard
of said Orders has prevented the defendants
from presenting their evidence; thus, effectively
depriving them of their day in court.
6. Moreover, despite prior notice, Plaintiffs counsel
failed to appear before the Honorable Court during
the last two (2) hearings on October 20, 2011 and
February 16, 2012, without any explanation or reason
therefor.
7. Pursuant of Sec. 3, Rule 17 of the Rules of Court Dismissal due to fault of plaintif. If, for no
justifiable cause, the plaintif fails to appear on
the date of the presentation of his evidence in chief
on the complaint, or to prosecute his action for an
unreasonable length of time, or to comply with
these Rules or any order of the court, the
complaint may be dismissed upon motion of
the defendant or upon the court's own motion,
without prejudice to the right of the defendant to
prosecute his counterclaim in the same or in a
separate action. This dismissal shall have the effect
of an adjudication upon the merits, unless otherwise
declared by the court.

P R AY E R
WHEREFORE, premises considered, it is respectfully
prayed on this Honorable Court for the dismissal of the
complaint, without prejudice to the right of the defendants to
prosecute their counterclaims.
Other just and equitable reliefs are likewise prayed for.
RESPECTFULLY SUBMITTED.
Quezon City for San Pedro, Laguna, March 22, 2012.

FURRY ATTORNEY
PTR No.77777; Quezon City; 07 January
2012
IBP No. 888888; Quezon City; 31 January
2012
Attorney Roll No. 123456
MCLE Compliance IV No. 0000888

17th Floor, Law Center

123 Quezon Blvd., Quezon City
Telephone: (02) 911-9111 Telefax: (02)
911-9112
e-mail:
furry_attorney@yahoo.mail

NOTICE OF HEARING
THE CLERK OF COURT
Regional Trial Court
Branch XX San Pedro, Laguna
Greetings:
Please submit the foregoing MOTION TO DISMISS
PLAINTIFFS COMPLAINT FOR FAILURE TO COMPLY WITH
HONORABLE COURTS ORDERS for the kind consideration
and approval of this Honorable Court on March 30, 2012 at
9:00 in the morning as counsel shall be heard.

FURRY ATTORNEY

NOTICE OF HEARING
Atty. MISSY CAT
24 G. Del Pilar Street
Sta. Rosa, Laguna
Greetings:
Notice is hereby given that the above motion shall be
submitted to the Honorable Court for its kind consideration
and approval on March 20, 2012 at 9:00 in the morning as
counsel shall be heard.

FURRY ATTORNEY