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Motion To Serve Summons by Publication

This document is a motion filed in the Regional Trial Court of Quezon City, Philippines requesting leave of the court to serve summons by publication. The motion states that the plaintiff was unable to serve summons on the defendant Hilaria Francisco Vda. De Villegas despite diligent efforts. It requests permission to publish the summons, complaint, and annexes in a newspaper of general circulation pursuant to Section 15, Rule 14 of the Revised Rules of Court regarding service on a defendant whose whereabouts are unknown. The motion is submitted for immediate resolution by the court due to its non-litigious nature.

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Oliver Santos
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1K views2 pages

Motion To Serve Summons by Publication

This document is a motion filed in the Regional Trial Court of Quezon City, Philippines requesting leave of the court to serve summons by publication. The motion states that the plaintiff was unable to serve summons on the defendant Hilaria Francisco Vda. De Villegas despite diligent efforts. It requests permission to publish the summons, complaint, and annexes in a newspaper of general circulation pursuant to Section 15, Rule 14 of the Revised Rules of Court regarding service on a defendant whose whereabouts are unknown. The motion is submitted for immediate resolution by the court due to its non-litigious nature.

Uploaded by

Oliver Santos
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
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Republic of the Philippines

REGIONAL TRIAL COURT


National Capital Judicial Region
QUEZON CITY,
BRANCH 105

MA. NENITA CHING ET. AL,


Plaintiff,

-versus- Civil Case No. R-QZN-15-10203-CV

HILARIA FRANCISCO VDA. DE


VILLEGAS, ET. AL.,
Defendant.
x-------------------------------x

MOTION FOR LEAVE OF COURT


TO
SERVE SUMMONS BY PUBLICATION

PLAINTIFF, through counsel, to this Honorable Court respectfully state:

1. Summons upon defendant Hilaria Francisco Vda. De Villegas was


unserved despite diligent efforts to locate the defendant, per Sheriff’s Return
dated October 10, 2019;

2. Under the circumstances, it is now necessary to serve summons by


publication pursuant to Section 15, Rule 14 of the Revised Rules of Court:

“Section 14. Service upon defendant whose


identity or whereabouts are unknown. — In any
action where the defendant is designated as an
unknown owner, or the like, or whenever his
whereabouts are unknown and cannot be
ascertained by diligent inquiry, service may, by
leave of court, be effected upon him by publication
in a newspaper of general circulation and in such
places and for such time as the court may order.”

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3. Upon approval of the leave herein prayed for, plaintiff respectfully
request that she be permitted to cause the publication of the summons, the
complaint and its annexes in a newspaper of general circulation.

PRAYER

WHEREFORE, it is respectfully prayed of this Honorable Court that


the foregoing motion be granted and that the plaintiff be allowed to serve
summons by publication to defendant Hilaria Francisco Vda. De Villegas.

Respectfully Submitted

October 17, 2019

ARTURO S. SANTOS
Counsel for the Plaintiff
6/F TRIDA Building, now Parkview Plaza
T.M. Kalaw cor. Taft Avenue, Ermita, Manila
IBP LIFETIME MEMBER
NO. 437471/01-05-98
PTR NO. 6988697/1-03-18/Manila
ROLL NO. 24816
MCLE Compliance No. VI-0002215/05-10-17
Tel. No. 525-1355

NOTICE OF HEARING

BRANCH CLERK OF COURT


REGIONAL TRIAL COURT BRANCH 105
QUEZON CITY

Greetings:

In view of the non-litiguous nature of the foregoing motion, the


undersigned is respectfully submitting the motion for resolution of the
Honorable Court immediately upon receipt hereof.

ARTURO S. SANTOS

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