Notice of Dismissal

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Notice of Dismissal Page 1 of 3

Sps. Almero

Republic of the Philippines


MUNICIPAL TRIAL COURT
11th Judicial Region
Branch 3
General Santos City

PENBANK, INC., Rep. by Civil Case No. 6524


Fevie M. Suganob
Plaintiff,

-versus- -for-

Sps. Samuel and Emma Almero Collection of Sum of Money


Defendants Damages and Attorney’s Fees
x-------------------------------------x

NOTICE OF DISMISSAL

COMES NOW, the Plaintiff Penbank Inc., through the undersigned


counsel and unto this Honorable Court, most respectfully moves for the
dismissal of this case and further avers, THAT:

1. Plaintiff filed a complaint for Collection of Sum of Money with


Damages and Attorney’s Fee against the defendants on 29 October 2015, up
to now the Defendants have not filed their answer to the complaint;

2. However on 11 January 2016 Sheriff Ronan Langoyan served the


summons upon defendants thru EMMA ALMERO in Panabo City, Davao
Del Norte;

3. Thus, on 21 January 2016 the defendants paid their obligation in full,


in view thereof, and pursuant to Section 1 of Rule 17 of the Rules of Court,
the Plaintiff hereby WAIVES whatever claim it may have against the herein
Defendants arising out or in connection with the above-entitled case now
and in the future, and hereby files this Notice of Dismissal.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court


that the foregoing Notice of Dismissal be approved and to issue order in
accordance therewith.
Notice of Dismissal Page 2 of 3
Sps. Almero

This___________ General Santos City, Philippines.

RESPECTFULLY SUBMITTED:

CARMELO L. VALENZUELA, JR.


Roll No. 55045
PTR NO. 6601027-JAN-06-2016-GSC
IBP NO. 1013286-DEC-18-2015-GSC
GENERAL SANTOS CITY CHAPTER
MCLE Compliance No. IV-0017262
April 17, 2013
Counsel for Penbank, Inc.
3rd Floor RDRDC Bldg, Santiago Blvd.
General Santos City 9500 Philippines
[email protected]
(083) 554-6132

REQUEST

THE RECEIVING CLERK


Municipal Trial Court
Branch 3
General Santos City

GREETINGS:

Please submit the foregoing notice of dismissal for the consideration


and approval of the Honorable Court immediately upon receipt hereof sans
further oral arguments.

CARMELO L. VALENZUELA, JR.

NOTICE OF HEARING

Sps. Samuel and Emma Almero


5234, New Aklan, Kasilak
Panabo City, Davao Del Norte

GREETINGS:

Please be informed that the undersigned will submit the foregoing Notice of
Dismissal for the consideration and approval of the Honorable Court
immediately upon receipt hereof sans further oral arguments.

CARMELO L. VALENZUELA, JR.


Notice of Dismissal Page 3 of 3
Sps. Almero

REPUBLIC OF THE PHILIPPINES)


CITY OF GENERAL SANTOS ) S. S.
x =========================x

AFFIDAVIT OF SERVICE WITH EXPLANATION


PURSUANT TO SECTION 06, RULE 15 OF THE 1997
RULES OF CIVIL PROCEDURE
--------------------------------------------------------

I, AREO KRISANTO V. BANQUERIGO, one of the staff of


PENBANK, INC., plaintiff in this case, after having been duly sworn to in
accordance with law do hereby depose and say:

That this ________, I served a copy of a "NOTICE OF


DISMISSAL” through registered mail to Sps. Samuel and Emma Almero
under Registry Receipt No. _______due to constraints in time and distance,
in accordance with Section 6, in relation to Sections 4 and 5, of Rule 15 of
the Rules of Court in Civil Case No. 6524 entitled “PENBANK, INC., REP.
BY FEVIE M. SUGANOB vs. SPS. SAMUEL AND EMMA ALMERO.”

General Santos City, ___________

AREO KRISANTO V. BANQUERIGO


Affiant
TIN 473-349-237

SUBSCRIBED AND SWORN to before me this________________,


in the City of General Santos, affiant having exhibited to me competent
proof of his identity indicated below his name.

WITNESS MY HAND AND SEAL.

Doc. No. ____;


Page No. ____;
Book No. ___;
Series of 2016.

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