Motion To Dismiss
Motion To Dismiss
Motion To Dismiss
CESAR B. LADRINGAN,
Defendant.
x ------------------------------------------ x
MOTION TO DISMISS
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PREFATORY STATEMENT
II
GROUNDS
III
DISCUSSION
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“Section 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:
“ARTICLE XV
DISPUTE RESOLUTION
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amicably and resolve the dispute within ten (10) days from receipt of
notice from the aggrieved party.
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A. Negotiation
xxx
5
To emphasize, in a contract containing a condition
precedent, no right or action is given or acquired until
such condition is complied with; before the compliance
with the condition is accomplished there exists nothing
but hope of acquiring such right xxx.”
7 Ibid.
8 Philippine American General Insurance Co., Inc. vs. Sweet Lines, Inc., G.R. No. 87434, 05
August 1992.
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17. In Macaslang vs. Zamora,9 the Supreme Court stated that
“a complaint states a cause of action if it avers the existence of the
three (3) essential elements of a cause of action, namely:
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21. It must be noted, however, that Plaintiffs do not explicitly
state in the Complaint their legal right over the aforesaid amount.
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29. Significantly, the case of Barretto vs. The Municipal Board of
Manila12 is instructive when the Supreme Court mentioned that: “In
contracts containing a condition precedent, no right or action is
given or acquired until such condition is complied with; before the
compliance with the condition is accomplished there exists nothing
but the hope of acquiring such right.” This long standing doctrine is
even reiterated by the High Court in the above-discussed ruling in
UCPB General Insurance Company, Inc. vs. Hughes Electronics
Corporation.13
PRAYER
13 Supra, note 6.
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SEDALAW
DEFENSOR ENRILE & DE MATA
Counsel for Defendant
Suite 1107 Tektite East Tower
Philippine Stock Exchange Center
Exchange Road, Ortigas Center, Pasig City
By:
ARCHIVALD F. DE MATA
IBP Life Roll No. 08003
PTR No. 2571462; January 10, 2017; Pasig City
Roll No. 50610, Roll of Attorneys
MCLE Compliance No. V-0013928(February 12, 2016)
Tel. No.687-1595/687-7263/Fax No.687-1596
e-mail.:[email protected]
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