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Motion for Authorized Service of Summons

This document is a manifestation and motion filed in the Metropolitan Trial Court of Mandaluyong City, Philippines. It requests that the plaintiff or their representative be authorized to serve the summons with the sheriff, as the original summons was returned unserved. It provides details on the relevant rule that allows for this and evidence of alternative addresses for the defendants. The plaintiff seeks to have the case removed from archives and placed back on the active court calendar once served.

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7K views2 pages

Motion for Authorized Service of Summons

This document is a manifestation and motion filed in the Metropolitan Trial Court of Mandaluyong City, Philippines. It requests that the plaintiff or their representative be authorized to serve the summons with the sheriff, as the original summons was returned unserved. It provides details on the relevant rule that allows for this and evidence of alternative addresses for the defendants. The plaintiff seeks to have the case removed from archives and placed back on the active court calendar once served.

Uploaded by

Bng Gsn
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Republic of the Philippines

National Capital Judicial Region


METROPOLITAN TRIAL COURT
Branch 96
Mandaluyong City

___________________,
Plaintiff,

- versus - CIVIL CASE NO.


M-MND-__________
For: Sum of Money

__________________,
Defendants.
X - - - - - -- - - - - - - - - - - - - - - - - - - X

MANIFESTATION & MOTION

COMES NOW Plaintiff, by the undersigned counsel, unto the


Honorable Court, respectfully states: That –

1. In the Order dated February 8, 2021, of the Honorable Court, it is


stated that the Summons was returned “Unserved.”

2. Under Section 3, Rule 14 of the Amendments to the 1997 Rules of


Civil Procedure, it is provided that:

“ Section 3. By whom served. ---- The summons may be served


by the sheriff, his or her deputy, or other proper court officer,
and in case of failure of service of summons by them, the
court may authorize the plaintiff to serve the summons
together with the sheriff. ” (Underscoring and emphasis
supplied)

3. In this connection, plaintiff determined after investigation that


defendants have other addresses where they can be served with
Summons as shown in the PDF copies of the collection receipt and
calling card that they issued, as follows:

4. Hence, plaintiff requests that she and/or her duly authorized


representative be authorized by the Honorable Court to serve the
summons together with the Sheriff.
2

5. And once the summons together with a copy of the Complaint are
served on the defendants, that the above-entitled case be removed
from the archives and reinstated in the active calendar of the
Honorable Court.

PRAYER

WHEREFORE, it is respectfully prayed that plaintiff and/or her duly


authorized representative be authorized by the Honorable Court to serve the
summons together with the Sheriff and once the summons together with a
copy of the Complaint are served on the defendants, that the above-entitled
case be removed from the archives and reinstated in the active calendar of
the Honorable Court.

Plaintiff prays for such other reliefs and remedies that the Honorable
Court may deem just and equitable in the premises.

DETAILS OF LAWYER

Copy furnished:

Republic of the Philippines National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 96 Mandaluyong City ____________
5. And once the summons together with a copy of the Complaint are served on the defendants, that the above-entitled case be r

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