Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

Municipal Trial Court
Taguig City, Branch No.___

JOHN DOE,
Plaintiff

-versus-

TALYER VULCANIZING INC.,

Defendant

x------------------------------------------------x

MOTION TO DISMISS

COME NOW, DEFENDANTS, by counsel and unto this Honorable Court, most
respectfully move for the dismissal of the above-captioned case on the ground of lack of
jurisdiction over the persons of the defendants.

1. Summons was not served upon defendant TAYLYER VULCANIZING INC. as

mandated by the rules. Hence, this Honorable Court has no jurisdiction over its
person.

2. Rule 14 of the Rules of Court provides the different modes by which service of summons
should be made on a particular defendant. The manner in which service of summons
should be effected is jurisdictional in character and proper observance thereof dictates
the court’s ability to take cognizance of the litigation before it.

3. Where a defendant is a private juridical entity, like defendant TALYER VULCANIZING

INC, Section 11, Rule 14 of the Rules of Court provides that service of summons may
be made either on the president, managing partner, general manager, corporate
secretary, treasurer or in house counsel, to wit:

“Section. 11. Service upon domestic private juridical entity. – When the
defendant is a corporation, partnership or association organized under the laws of
the Philippines with a juridical personality, service may be made on the president,
managing partner, general manager, corporate secretary, treasurer or in- house
counsel.”

4. In this present case, there is no showing that summons was served either on defendant
Talyer Vulcanizing Inc.’s president, managing partner, general manager, corporate
secretary, treasurer, or in-house counsel, or that, at least, efforts were made to serve
the summons upon said persons.
 5. The summons were made to Tito Sotto, the head mechanic of the Talyer Vulcanizing
Taguig Proper Branch. He is not one of the persons identified under Rule 14 to be served
with summons.

6. There being no service of summons upon defendant Talyer Vulcanizing Inc. in

accordance with the requirement of the Rule 14, it follows that this Honorable Court has
not acquired jurisdiction over said defendant’s person.

RELIEF

WHEREFORE, defendants respectfully pray that the herein complaint be ordered

dismissed on the ground of lack of jurisdiction over the persons of the defendants.

OTHER RELIEFS, which may be just and equitable under the premises, are likewise most
respectfully prayed for.

Taguig City, 4 February 2029 .

ES LAW OFFICES
Unit 0142, 6th Flr., World Commerce Bldg., 11th Street
Bonifacio Global City, Taguig City

By:

MARIA PAMELA A. RAMOS

PTR No. 1234567/4-3-12/Manila
IBP Receipt No. 123456/5-1-12/Manila
MCLE Compliance No. V-0001234/04-09-16
Roll of Attorney No. 62243
 NOTICE OF HEARING

THE CLERK OF COURT

MTC Taguig City, Branch___

THE EXECUTIVE JUDGE

Calumpang, Mari Kina

Please set the foregoing MOTION TO DISMISS for hearing before this Honorable Court
on 14 February 2020 at 10:00 in the morning.

ATTY. MARIA PAMELA A. RAMOS

Copy furnished: (by personal service)

THE PROVINCIAL PROSECUTOR

MTC of Taguig City

THE EXECUTIVE JUDGE

Calumpang, Mari Kina