Republic of the Philippines
6TH Judicial Region
MUNICIPAL TRIAL COURT IN CITIES
Branch 1
Bacolod City
COLOSO Credit Financing,
Plaintiff,
- versus -
Civil Case No. 999999
ISIS Incorporated,
Defendant,
x-------------------------------------------x
MOTION TO DISMISS
COMES NOW, the Respondent, ISIS Inc., through the
undersigned counsel, appearing especially and solely for this purpose,
and to this Honorable Court, most respectfully moves for the dismissal
of the Complaint on the following ground that THE HONORABLE
COURT HAS NOT ACQUIRED JURISDICTION OVER THE PERSON
OF THE DEFENDING PARTY.
A cursory reading of the Summons and Return of Service would
readily show that the copies of the Summons dated 08 March 2002
and the Complaint and its corresponding annexes were allegedly
delivered and tendered upon the ISIS INC. through a certain Jose Pidal
alleged to be the authorized personnel of ISIS INC., Bacolod City on
20 June 2002. Copies of the said Summons and Return of Service that
form part of the records on the case are hereto pleaded as integral
part of this Motion;
Said service of Summons, however, constitutes an improper
service of summons amounting to lack of jurisdiction over the person
of the herein ISIS INC. since the summons was improperly served
upon a person who is not one of those persons named or enumerated
in Section 11, Rule 14 of the 1997 Rules of Civil Procedure upon whom
service of summons shall be made;
The material provision on the service of summons provided for in
Section 11 of Rule 14 of the 1997 Rules of Civil Procedure reads as
follows:
"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"
It bears no further emphasis that the service of the summons
was done on a person who is not included in the exclusive
enumeration provided for under the said Section, as service was done
only on an alleged authorized personnel of the Movant Corporation;
This new revision of the Rules of Court for the service of
summon is a clear departure from the old rule as stated in Section 13,
Rule 14 of the Rules of Court which provided that:
"SECTION 13.Service upon private domestic corporation or
partnership. - If the defendant is a corporation organized under the
laws of the Philippines or a partnership duly registered, service may be
made on the president, manager, secretary, cashier, agent, or any of
its directors."
It must be equally noted that the changes in the new rules are
substantial and not just general semantics as the new rules restricted
the service of summons on persons clearly enumerated therein. In
effect, the new provision makes it more specific and clear such that in
the case of the word "manager", it was made more precise and
changed to "general manager", "secretary" to "corporate secretary",
and excluding therefrom agent and director;
The designation of persons or officers who are authorized to
accept summons for a domestic corporation or partnership is under the
new rules, limited and more clearly specified, departure from which is
fatal to the validity of the service of the summons and resulting in the
failure of the court to acquire jurisdiction over the person of the
respondent corporation.
PRAYER
WHEREFORE, it is respectfully prayed that the Complaint with
respect to the ISIS INC be dismissed for lack of jurisdiction over the
person of the defendant.
Other reliefs just and equitable are likewise prayed for.
Bacolod City, Philippines, 04 July 2002.
Atty. Johann Von Rey
Counsel for the Defendant
NOTICE OF HEARING
THE BRANCH CLERK OF COURT
MTCC - Branch 1
Bacolod City
ATTY. Furton
Counsel for the Defendant
Iloilo City
Greetings!
Please take notice that the undersigned counsel will submit
the foregoing Motion for Execution to the Honorable Court on July
25,2002 at 8:30 in the morning for its favorable consideration and
approval.
ATTY. Johann Von
Counsel for the Plaintiff
Copy furnished by registered mail:
ATTY. Furton
Counsel for the Defendant
Iloilo City
