REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
MUNTINLUPA CITY
BRANCH 204

SPOUSES NOEL S. GONZALES and

MERCEDITAS F. GONZALES,
Plaintiffs,

- versus - CIVIL CASE NO. 19-257

For: Permanent Injunction
and Damages with Prayer
for issuance of TRO and
Writ of Preliminary
Injunction

CHINA BANK SAVINGS, INC. and

the OFFICE OF THE CLERK OF
COURT AND EX-OFFICIO
SHERIFF, REGIONAL TRIAL
COURT, MUNTINLUPA CITY
Defendants.
xx----------------------------------------xx

MOTION TO SUSPEND PROCEEDINGS

(Pending Resolution of the
Urgent Motion to Dismiss)

Defendant CHINA BANK SAVINGS, INC. (“CBS”), by counsel,

to this Honorable Court respectfully states:

1. On December 02, 2019, CBS filed an Urgent Motion to

Dismiss the instant case on the ground of improper venue;

2. On December 06, 2019, the Honorable Court ordered

plaintiffs to personally file their Comment/Opposition on Defendant
CBS’ Urgent Motion to Dismiss within five (5) days from said hearing
and Defendant CBS was given the same period to file its Reply.
 3. With due respect, there is a need to resolve first Defendant
Bank’s Urgent Motion to Dismiss before any proceedings, such as the
injunction be entertained. The jurisdiction of the court with regard the
venue has to be resolved first in order to determine whether or not any
court proceeding such as injunction can be entertained by this
Honorable Court.

4. In view of the foregoing, Defendant CBS, by counsel,

respectfully move to suspend further proceedings of the instant case
pending the resolution of the Urgent Motion to Dismiss filed by
Defendant CBS.

PRAYER

WHEREFORE, the above premises considered, it is respectfully

prayed of this Honorable Court that any on-going court proceedings of
the case be held in abeyance pending the resolution of Defendant
CBS’s Urgent Motion to Dismiss.

Makati City for Muntinlupa City, 19 December 2019.

JANDA PACIS PAGTAKHAN &

DANTING
Counsel for Defendant Bank
China Bank Savings, Inc.
26th Floor, Salcedo Towers,
169 H.V. Dela Costa St., Salcedo Village,
Makati City 1227
Tel No. (+632) 8812-7588/(+632) 8247-2452

By:

ODEL S. JANDA
IBP Lifetime No. 017593/06.06.17
PTR No. 6615036/1.04.19/Makati
Roll No. 32346
MCLE Compliance No. VI-00007065/04.02.18

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 JUNE ANN R. PAGTAKHAN
IBP Lifetime No. 017918/08.02.2017
PTR No. 0037464/01.04.19/Makati
Roll No. 56858
MCLE Compliance No. VI-0019602/03.01.19

CHRISTIAN JR C. ORTIZ
IBP No. 087129/05.09.19/Pasig City
PTR No. 7730297/06.21.19/Makati City
Roll of Attorneys No. 73137
Admitted to the Bar: June 18, 2019

COPY FURNISHED/NOTICE OF HEARING/EXPLANATION

MIGRIÑO and DACANAY

Counsel for Plaintiffs
Unit 701 7th Floor, Tycoon Corporate Center
Pearl Drive, Ortigas Center, Pasig City, 1600

OFFICE OF THE CLERK OF COURT AND EX-OFFICIO SHERIFF

Regional Trial Court, Hall of Justice
Muntinlupa City

THE BRANCH CLERK OF COURT

Regional Trial Court – Branch 204
Muntinlupa City

Greetings:

Kindly submit the foregoing Motion for consideration and

approval of this Honorable Court sans appearance of the undersigned
counsel immediately upon receipt hereof.

Due to time and distance constraints, copies of the foregoing

pleading were sent to this Honorable Court and to the Plaintiffs’
counsel by registered mail.

CHRISTIAN JR C. ORTIZ
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