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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.

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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: