Republic of the Philippines

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 105
QUEZON CITY

Dr. Vicki Belo,

Plaintiff,

- versus - CIVIL CASE NO.12345

Gretchen Barretto.,
Defendant.
x------------------------x

MOTION TO DISMISS

Defendant Gretchen Barretto, by counsel, respectfully moves

for the dismissal of the instant the Complaint dated 28 September
2019 (“Complaint”) against him on the following:

GROUNDS

A.

THE INSTANT COMPLAINT IS NOT

ACCOMPANIED BY A CERTIFICATION AGAINST
FORUM SHOPPING. HENCE, THE OUTRIGHT
DISMISSAL OF THE INSTANT COMPLAINT IS IN
ORDER.

B.

THE CONDITION PRECEDENT OF ENTERING INTO

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

DISCUSSION

A. The Instant Case was not

Accompanied by a Certification
Against Forum Shopping. Hence
The Outright Dismissal Of The
Instant Complaint is In Order.

1.0. The complaint filed by the plaintiff was not accompanied

by any certification against forum shopping

2.0. It is thus respectfully submitted that the non-submission

of such certification against forum shopping warrants the dismissal
of the instant complaint with prejudice, following Section 5, Rule 7 of
the 1997 Rules of Civil Procedure, to wit:

SEC. 5. Certification against forum shopping. —

The plaintiff or principal party shall certify under oath in
the complaint or other initiatory pleading asserting a
claim for relief, or in a sworn certification annexed thereto
and simultaneously filed therewith: (a) that he has not
theretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of his knowledge, no such
other action or claim is pending therein; (b) if there is
such other pending action or claim, a complete statement
of the present status thereof; and (c) if he should
thereafter learn that the same or similar action or claim
has been filed or is pending, he shall report that fact
within five (5) days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed.

Failure to comply with the foregoing requirements

shall not be curable by mere amendment of the
complaint or other initiatory pleading but shall be cause
for the dismissal of the case without prejudice, unless
otherwise provided, upon motion and after hearing.

B. The Condition Precedent of

entering into a Barangay

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 Conciliation Proceedings before
Filing the case in Court has not
been complied with.

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 inn 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.

The plaintiff resides at Scout, 305 Tomas Morato Avenue,

Sct. Madriñan St, Diliman, Quezon City, while the
defendant resides at Scout, 299 Tomas Morato Avenue,
Sct. Madriñan St, Diliman, Quezon City. Since the plaintiff
and the defendant 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. Thus, not having the
conciliation proceedings, complaint filed by the plaintiff is
without legal effect.

PRAYER

WHEREFORE, it is respectfully prayed that the Complaint be

dismissed for failure to accompanied by certification against forum
shopping, and/or the condition precedent before filing the claim has
not been complied with.

Other reliefs just and equitable under the premises are likewise
prayed for.

Pasig, Metro Manila for Quezon City, Metro Manila, 30

September 2019.

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 LEE & CAISIP
Counsel for Defendant
Gretchen Bareto
Suite 3601, 36 Floor The Antel Global Center
th

No. 3 Julia Vargas Avenue, Ortigas Center

1605 Pasig City, Metro Manila

By:

ATTY. MARLON CAISIP

PTR No. 4307376 – 01/02/08 – Pasig City, M.M.
IBP Lifetime Roll No. 02819 – 01/24/02 – Camarines
Sur
Roll of Attorneys No. 35072
MCLE Exemption No. I-001109

ATTY. GERARD LEE

PTR No. 4307375 – 01/02/08 – Pasig City, M.M.IBP
Lifetime Roll No. 03470– 01/30/04 – Rizal
Roll of Attorneys No. 44133
MCLE Exemption No. II-0003490

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 REQUEST

THE CLERK OF COURT

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 105
Quezon City

Greetings!

Kindly submit the foregoing Motion for the consideration and

resolution of this Honorable Court on 30 September 2019 at 2:00 p.m.

MARLON CAISIP

NOTICE OF HEARING

Atty. Maria Christina F. Corpuz

Counsel for the Plaintiff
Asiawealth Tower
Quezon City

Gentlemen:

Please be advised that the foregoing Motion will be submitted

for the consideration and resolution of the Honorable Court on 30
September 2019 at 2:00 p.m.

MARLON CAISIP

COPY FURNISHED:

Atty. Maria Christina F. Corpuz

Counsel for the Plaintiff
Asiawealth Tower
Quezon City

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 EXPLANATION AS TO MODE OF SERVICE

The foregoing Motion is being filed with the Honorable Court

by personal service and being served to the plaintiff’s counsel by
registered mail due to time constraints and the present unavailability
of messengerial personnel.

MARLON CAISIP