Republic of the Philippines
First Judicial Region
MUNICIPAL TRIAL COURT IN CITIES
BAGUIO CITY
HANABI MARQUEZ,
Plaintiff,
- versus -
Civil Case No. 367
FOR: RECOVERY OF
POSSESSION
KIMMY ORIGAMI,
Defendant,
x-------------------------------------------x
MOTION TO DISMISS
DEFENDANT, 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. And in support thereof, respectfully alleges:
1. Defendant, KIMMY ORIGAMI, hereby moves this Court to
dismiss the Complaint filed in this action on the grounds that
this Court lacks personal jurisdiction over the Defendant and
because the Plaintiff failed to effectuate proper service of
process.
2. On May 24, 2023, the summons and complaint were served
on CAMMY ORIGAMI, who is the 16 year-old sister of the
Defendant, at Brgy. Dontogan, Baguio City. The Defendant,
KIMMY ORIGAMI, was not personally served.
3. A cursory reading of the Summons and Return of Service
would readily show that the copies of the Summons dated 24
May 2023 and the Complaint and its corresponding annexes
were allegedly delivered and tendered upon KIMMY ORIGAMI
through a certain CAMMY ORIGAMI alleged to be the sister of
KIMMY ORIGAMI, Baguio City on 24 May 2023. 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;
4. Said service of Summons, however, constitutes an improper
service of summons amounting to lack of jurisdiction over the
person of the herein KIMMY ORIGAMI. 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 6 (a) of Rule 14 of the 1997 Rules of Civil Procedure reads as
follows:
"Section 6 (a). By leaving copies of the summons at the
defendant’s residence to a person at least eighteen (18) years of
age and of sufficient discretion residing therein;
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 the minor sister of the Movant KIMMY ORIGAMI;
The designation of persons or officers who are authorized to
accept summons for a defendant is under the 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
defendant.
PRAYER
WHEREFORE, it is respectfully prayed that the Complaint with
respect to KIMMY ORIGAMI be dismissed for lack of jurisdiction over
the person of the defendant.
Other reliefs just and equitable are likewise prayed for.
Baguio City, Philippines, 04 July 2002.
MUFASA LAW OFFICE
ATTY. EZRA L. AGALDANG
Counsel for the Defendant
775 Betag, Baguio City
Roll of Attorneys No.
100000
IBP No. 153605 / NE
Chapter Issued on Jan 13,
2021
PTR No. CBN-1467648
Issued on Jan 7, 2021
MCLE Compliance No. VI-
0112028
Tel. No. (044) 329-2341,
Cell Phone No.
0928873991
