Motion to Dismiss (Sample Form)

Republic of the Philippines

Regional Trial Court, 5^th Judicial Region

___________

Branch 54

Pedro dela Cruz

Plaintiff

-vs-

John Corporation Inc.

Defendant

MOTION TO DISMISS

COMES NOW the Defendant, John Corporation 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 because this court has no jurisdiction over the subject matter of the claim.[1]

DISCUSSION

A cursory reading of the Complaint readily shows that this case is not within the exclusive original jurisdiction of the Regional Trial Court of Pili.

The plaintiff in his complaint prays for the following relief;

1.      …  the sum of 282,186.00 plus 12% interest per annum …

2.      … moral and exemplary damages

3.      … attorneys fees

REPUBLIC ACT NO. 7691 [2]  provides that;

Section 1. Section 19 of Batas Pambansa Blg. 129, otherwise known as the "Judiciary Reorganization Act of 1980", is hereby amended to read as follows:

"Sec. 19. Jurisdiction in civil cases. — Regional Trial Courts shall exercise exclusive original jurisdiction:
xxx                                          xxx                                                      xxx

"(8) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs or the value of the property in controversy exceeds One hundred thousand pesos (P100,000.00) or, in such other cases in Metro Manila, where the demand exclusive of the above-mentioned items exceeds Two Hundred thousand pesos (P200,000.00)."

xxx                                                      xxx                                          xxx

Sec. 3. Section 33 of the same law is hereby amended to read as follows:

"Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in Civil Cases. — Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:

"(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount of the demand does not exceed One hundred thousand pesos (P100,000.00) or, in Metro Manila where such personal property, estate, or amount of the demand does not exceed Two hundred thousand pesos (P200,000.00), exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be specifically alleged: Provided, That interest, damages of whatever kind, attorney's fees, litigation expenses, and costs shall be included in the determination of the filing fees: Provided, further, That where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different transactions;

Sec. 5. After five (5) years from the effectivity of this Act, the jurisdictional amounts mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as amended by this Act, shall be adjusted to Two hundred thousand pesos (P200,000.00). Five (5) years thereafter, such jurisdictional amounts shall be adjusted further to Three hundred thousand pesos (P300,000.00): Provided, however, That in the case of Metro Manila, the above-mentioned jurisdictional amounts shall be adjusted after five (5) years from the effectivity of this Act to Four hundred thousand pesos (P400,000.00).

This clearly shows that the case is not within the jurisdiction of the Regional Trial Court of Pili because RTC’s jurisdiction were doubled as of March 20, 1999 under Sec. 5 of RA 7691; Circular No. 21-99. The original amount of Php 100, 000.00 which was increased to Php 200,000.00 will be increased to Php 300,000.00 five (5) years thereafter. This is in accordance with Circular No. 21-99 which provides that;

The provisions of Section 5 of Republic Act No. 7691 prescribe that "After five years [5] from the effectivity of this Act, the jurisdictional amounts mentioned in Sec. 19 (3),(4), and (8),and Sec. 33(1) of Batas Pambansa Blg. 129 as amended by this Act, shall be adjusted to Two hundred thousand pesos [P200,000.00]. Five (5) years thereafter, such jurisdictional amounts shall be adjusted further to Three hundred thousand pesos [P300, 000.00]: Provided, However, that in the case of Metro Manila, the abovementioned jurisdictional amounts shall be adjusted after five [5] years from the effectivity of this Act to Four hundred thousand pesos [P400, 000.00]."

xxx                                    xxx                              xxx

Therefore, the said claim is not within the exclusive original jurisdiction of the Regional Trial Court.

PRAYER

WHEREFORE, it is respectfully prayed that the Complaint be dismissed for lack of jurisdiction over the subject matter of the claim. Other reliefs just and equitable are likewise prayed for.

University of Nueva Caceres, Naga City, Philippines, March 01, 2010

_______

March 01,2010

 Legal Writing Class (7:30-8:30pm)

COPY FURNISHED:

______________

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[1] . Section 1, Rule 16 of the 1997 Rules of Civil Procedure, as amended, provides:

Sec. 1. Grounds. Within the time for but before filing the answer to the complaint or pleading asserting a claim, a motion to dismiss may be made on any of the following grounds: 

x  x  x                                     x  x  x                                     x  x  x

b.) That the court has no jurisdiction over the subject matter of the claim.

[2] An Act Expanding The Jurisdiction Of The Metropolitan Trial Courts, Municipal Trial Courts, And Municipal Circuit Trial Courts, Amending For The Purpose Batas Pambansa, Blg. 129, Otherwise Known As The "Judiciary Reorganization Act Of 1980."

Elements of Expert Testimony

Sharing this article that can be used for Legal Medicine Classes.

"When offering testimony as an expert witness, regardless of the witness' discipline, five distinct topic areas must be covered. These five areas are the witness' qualifications, the science practiced by the witness, the introduction and chain of custody of the evidence, the analysis or examination process, and the expert's opinion. By adequately covering each area in sequence, the witness will five the judge of the information necessary to understand the opinion presented.
The first area of testimony should always be the witness' qualifications. There are three ways to prove you are qualified. The first is by explaining the training you have had. Include formal education, such as college, as well as specialized classes in the science completed. The second way of proving your qualifications is through experience. Talk about how many years you have been doing the job, or how many cases you have examined. The third way of proving your expertise is through explaining how you have been tested and found competent. There are several ways you may have been tested. A test for certification in your field is one. Annual proficiency testing by your lab is another. Previous testimony itself is a way of showing that you have been found competent by the courts.
After testifying to your qualifications, you should next explain your science. This segment of testimony actually serves two purposes. First, you familiarize the judge with the basics they need to understand in order to appreciate you opinion. Second, by assuming the role of teacher, you reinforce your status as expert as set forth n the first segment of testimony. In testifying about your science, you may want to place special emphasis on the particular techniques in this case to set the stage for your testimony in the fourth area, the analysis or examination process. For example, if you are testifying to a latent print developed with Ninhydrin on a forged check, your discussion in area two would concentrate on chemical development on porous surfaces rather than an explanation of use of powders on nonporous surfaces.
The third area of testimony is the introduction of the evidence and establishment of correct chain of custody. In this regard, it is important to be certain that the wording chosen is literally correct and reflects only the extent to which you were personally involved. For example, in testifying to a latent print lift from the rearview mirror of the recovered stolen car, you would testify to "the fingerprint found on the rearview mirror" only if you actually found it there yourself. If someone else developed the latent print and submitted the lift to you for comparison, you would testify to "the latent print lift labeled 'rearview mirror'".
Once you have introduced the evidence, you would testify to the specific examination process in this case. Here, if you have laid the foundation well in testimony area two, the judge or jury will fell a sense f familiarity with your explanation.
Finally, you should testify to the conclusion you have reached as a result of your analysis or examination. If you have first established that you are an expert in your field, explained the science adequately, introduced the evidence correctly, and described your examination of the evidence, your conclusion will be understood and accepted by the judge or jury.
It is important to recognize that an expert witness should not be biased in the case. You should not stretch the meaning of the evidence nor overstate the meaning of the evidence. It is the attorney's responsibility to prove the case, not yours. The judge or jury should therefore understand the limitations of the evidence as well as the possible meaning.
Ideally, the calling attorney should follow a logical sequence in asking his questions. In reality, however, he or she may be unfamiliar with your science or with introducing expert testimony. If you cannot have a pretrial conference with the attorney, it helps to go to court with a suggested list of questions. Most attorneys are grateful for the help and will use your questions".