Republic of the Philippines

____________ Judicial Region

________________ TRIAL COURT

Branch _____, _____________, _____________

MOTION FOR LEAVE TO SERVE SUMMONS BY PUBLICATION

Petitioner, by counsel to this Honorable respectfully states that:

On 26 June 2013, petitioner filed a Petition for Judicial Declaration of Nullity of Marriage.

On 21 July 2013, the undersigned received a Return of Summons from Fernando Pohwz Jr., process server of the Office of the Clerk of Court and Sheriffs of Pasay City, stating to wit:

THIS IS TO CERTIFY that on July 11, 2013, undersigned tried to cause the service of Summons issued in the above-entitled case together with a copy of complaint with its annexes upon Defendant ELLEN A. ADARNA at her given address in Barangay 316 Palin St., Block 27, Lot 77, Ai- Ai, General Tinio, GMA, Cavite, but failed an unavailing on the ground that said Defendant is no longer residing at her given address. Information given by Brgy chief CVO, JESSIE VINEGAR as evidenced by his signature appearing at the bottom of the copy Summons.

WHEREFORE, the copy of Summons and Complaint is now hereby respectfully returned to the Honorable Court UNSERVED.

Pasay City, for Carmona, Cavite, this 13 day of July, 2013.

_________________________________

Process server

Despite the process server’s diligent efforts and after being furnished with a map to the address of the respondent, the summons was returned to the court unserved. A copy of the Return of Summons is attached herewith as Annex “A”.

Section 6 of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (Supreme Court A.M. No. 02-11-10) states the following, to wit:

Section 6. Summons. - The service of summons shall be governed by Rule 14 of the Rules of Court and by the following rules:

1. Where the respondent cannot be located at his given address or his whereabouts are unknown and cannot be ascertained by diligent inquiry, service of summons may, by leave of court, be effected upon him by publication once a week for two consecutive weeks in a newspaper of general circulation in the Philippines and in such places as the court may order In addition, a copy of the summons shall be served on the respondent at his last known address by registered mail or any other means the court may deem sufficient.

2. The summons to be published shall be contained in an order of the court with the following data: (a) title of the case; (b) docket number; (c) nature of the petition; (d) principal grounds of the petition and the reliefs prayed for; and (e) a directive for the respondent to answer within thirty days from the last issue of publication.

Thus, petitioner hereby prays that summons be served on respondent by publication in accordance with the above quoted rule.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court, in accordance with A.M. No. 02-11-10, that summons be served by publication.

Other equitable reliefs are likewise prayed for.

Imus City for Pasay City, 25 July 2013.

LOMIBAO LAW OFFICE

406 Violago Homes, Litex, Quezon City

Tel. No. 0917- 8032- 788

Email Add.: ____________________________

by:

RICA KAYE O. LOMIBAO

IBP No. __________ __________CHAPTER

PTR No. __________, __________, __________

Attorney’s Roll No. __________

MCLE Compliance No. VI-__________

Notice of Hearing

THE CLERK OF COURT

RTC Branch 113

Pasay City

HON. SOLICITOR GENERAL

134 Amorsolo St., Amorsolo Bldg.,

Legaspi Village, Makati City

OFFICE OF THE CITY PROSECUTOR

Pasay City

ELLEN A. ADARNA

316 Palin St., Block 27 Lot 77

Ai- Ai, General Tinio, GMA, Cavite

Greetings:

Please take notice that the undersigned has set the foregoing Motion for Leave to Serve Summons by Publication for the consideration and approval of this Honorable Court on July 29, 2013 at 8:30 a.m.

RICA KAYE O. LOMIBAO

Copy furnished:

HON. SOLICITOR GENERAL

134 Amorsolo St., Amorsolo Bldg.,

Legaspi Village, Makati City

OFFICE OF THE CITY PROSECUTOR

Pasay City

ELLEN A. ADARNA

316 Palin St., Block 27 Lot 77

Ai- Ai, General Tinio, GMA, Cavite

Explanation

The foregoing motion is being filed to the Honorable Court with copy therefore furnished to the Office of the Solicitor General, Office of the Provincial Prosecutor and the other party by registered mails, due to the distance of the undersigned from the said offices and other party, making personal service thereof not practicable.

RICA KAYE O. LOMIBAO