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7/29/2019 mtd-failureTOprosucute (4)
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REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Quezon City
Branch 69
MICHAEL ROMERO,
Plaintiff,
-versus- CIVIL CASE NO. 13-12345
MARIO DINGLASAN,Defendant,
x------------------------------------------x
DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO PROSECUTE
COMES NOW the defendant by his undersigned counsel, and to this Honorable
Court respectfully moves for the dismissal of the remainder of this action, with
prejudice, due to plaintiff's failure to prosecute as provided for in Rule 17 Section 3 ofthe Rules of Court, which provides:
Sec. 3 Dismissal due to fault of plaintiff. - If, for no justifiable cause, the
plaintiff fails to appear on the date of the presentation of his evidence in chief on the
complaint, or to prosecute his action for an unreasonable length of time, or to comply
with these Rules or any order of the court, the complaint may be dismissed upon motion
of the defendant or upon the court's own motion, without prejudice to the right of the
defendant to prosecute his counterclaim in the same or in a separate action. This
dismissal shall have the effect of an adjudication upon the merits, unless otherwise
declared by the court.
ARGUMENTS
That the case was initially set for hearing on this Honorable Court on ______.
Within which, the plaintiff failed to attend due some health issues, which through his
counsel caused the postponement of the said hearing.
7/29/2019 mtd-failureTOprosucute (4)
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Thereafter, the case was rescheduled for initial hearing on _______. Wherein, the
plaintiff managed to attend said hearing.
The continuation of the said hearing was scheduled on ________. However, due
to unavailability of the plaintiff, he had again failed to attend the hearing which again
caused the postponement of the trial.
That the hearing was reset for several occasion all at plaintiff's failure to actively
participate in the proceedings.
That the plaintiff's failure to attend set hearings without any reasonable cause has
been habitual and has caused not only unreasonable delay and obstruction of the speedy
disposition of the case but also mental and emotional anguish on the part the defendant.
WHEREFORE, it is respectfully prayed that the complaint be dismmed.
Quezon City, ____________
Alba Diaz Sibal Venus Law Offices
No. 88 Arch. Bishop Reyes St., Pasig City
By:
ATTY. VERONICA DIAZ
Counsel for the Defendant
IBP No. : 258147; 11/11/2011 Manila
PTR No.: 35790; 11/11/2011 ManilaRoll No.: 147025; 04/01/2010
MCLE No. I- 260135; 04/01/2010
Contact Number: 357-2468 loc. 987
Email Address: