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Regional Trial Court Branch 30

This document is a motion filed in a civil case in the Regional Trial Court of the Philippines. [1] The plaintiff is requesting the court to issue an alias summons for defendants who were not served in the initial summons. [2] Only two of the defendants have filed answers so far. [3] The plaintiff believes the addresses for the defendants in the original complaint are correct.

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Kal El Dadi
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190 views2 pages

Regional Trial Court Branch 30

This document is a motion filed in a civil case in the Regional Trial Court of the Philippines. [1] The plaintiff is requesting the court to issue an alias summons for defendants who were not served in the initial summons. [2] Only two of the defendants have filed answers so far. [3] The plaintiff believes the addresses for the defendants in the original complaint are correct.

Uploaded by

Kal El Dadi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


5TH Judicial Region
BRANCH 30
PPPP

XXX
Plaintiff,
CIVIL CASE NO. 2018-1234
-versus-

YYY
Respondents.
x---------------------------------------------x

MOTION FOR ISSUANCE OF


ALIAS SUMMONS

PLAINTIFF, through the undersigned, unto this Honorable Court, most


respectfully avers that:

1. On 10 December 2018, the undersigned received the Sheriff’s Return


dated 3 December 2018, certifying that on 23 November 2018, the
following defendants were served, namely:

and the following were unserved:

2. Only two (2) defendants have filed their respective and separate
answers.

3. In this regard, plaintiff would like to reiterate that the addresses of the
defendants contained in the Plaintiff’s Complaint are the correct and
exact addresses of the defendants.

4. Section 5, Rule 14 of the Rules of Court provides that:

“Section 5.Issuance of Alias Summons. – If a summons is returned


without being served on any or all of the defendants, the server shall
also serve a copy of the return on the plaintiff’s counsel, stating the
reasons for the failure of service, within five (5) days therefrom. In
such a case, or if the summons has been lost, the clerk, on demand
of the plaintiff, may issue an alias summons.”(Emphasis supplied)
5. Likewise, by the receipt of the Plaintiff of the Sheriff’s Return, plaintiff
taking into consideration that the summons to the defendants were
returned unserved and as provided for in the above-cited Section 5 Rule
14 of the Rules of Court, most respectfully prays that Alias Summons be
served.

Wherefore, premises considered, it is most respectfully prayed unto this


Honorable Court that Alias Summons be issued to defendants and for the process
server to effect the service of such alias summons. Other relief and remedies as
are just and equitable under the premises are here prayed for.

Naga City, Philippines. February 22, 2019

BBB
Counsel for the Plaintiff

By:

KKK
Attorney’s Roll No000

Notice of Hearing/ Copy Furnished:

REGIONAL TRIAL COURT


BRANCH 30

OFFICE OF THE CLERK OF COURT


Regional Trial Court

Please take notice that the foregoing motion shall be submitted for the
consideration and approval of the Honorable Court on March 1, 2019 at its usual
hours of session without further appearance or arguments.

Explanation: Copies of this Motion had been sent through registered mail for lack
of manpower making personal service and filing impractical and inconvenient.

KKK

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