MOTION TO DISMISS


      COMES NOW the defendant, by undersigned counsel, and unto this Honorable Court respectfully moves to dismiss the plaintiff's complaint on the following grounds:

      1. That the claim set forth in the plaintiff's complaint has been released;

      2. That the said claim or demand is unenforceable under the provisions of the Statute of Frauds.

ARGUMENTS


      A. That the claim or demand set fort in the plaintiff's complaint has been released:
(here state the reasons to support the first ground)


      B. That the claim or demand is unenforceable under the provisions of the Statute of Frauds.
(here state the reasons to support the second ground)

PRAYER


      WHEREFORE, in view of all the foregoing, the undersigned counsel prays that plaintiff's complaint be dismissed with costs against the plaintiff.

      Malabon City, _________________, 2004.



Counsel for the Defendant

(Address, IBP No. & Roll No. )



NOTICE OF HEARING

To : Atty. _____________
        Address


GREETINGS:

      Please take notice that on Friday, _________, 2004, at 2:00 o'clock in the afternoon, or as soon thereafter as counsel may be heard, the undersigned will ask the Regional Trial Court of ___________ to approve the foregoing Motion to Dismiss.
Counsel for the Defendant


      COPY RECEIVED this ___ day of ______________, 2004.

      Counsel for Plaintiff



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