Republic of the Philippines
REGIONAL TRIAL COURT
11th Judicial Region
Branch 34, Davao City
BEBE KHO
Petitioner,
Civil Case No. 1212111
- versus - For: Declaration of Nullity of
Marriage
LANGLEY GO
Respondent.
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MOTION FOR LEAVE
TO SERVE SUMMONS BY PUBLICATION
Petitioner, by and through counsel, and unto this Honorable Court,
most respectfully states that:
1. On December 28, 2020, petitioner filed a Petition for Judicial
Declaration of Nullity of Marriage;
2. On January 10, 2020, the undersigned received a Return of
Summons from Juan Ponce, process server of the Office of the
Clerk of Court and Sheriffs of RTC 11, stating to that 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”;
3. 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.
4. 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.
Davao City, Philippines, February 27, 2020.
DAVE BEE
Counsel for Plaintiff
Attorney’s Roll No. 10772
PTR No. 7862245 B; 01-02-20; Davao City
IBP O.R. No. 024454; 01-02-20; Davao City
Door 1, VMJ Bldg, Buhangin, Davao City
Tel. No. 218-3595
NOTICE OF HEARING
To:
THE CLERK OF COURT
RTC Branch 34
Davao City
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 March 3, 2020 at 8:30 in the morning.
ATTY. DAVE BEE
Counsel for Plaintiff
Copy furnished by Registered Mail:
THE CLERK OF COURT
RTC Branch 34
Davao City
HON. SOLICITOR GENERAL
134 Amorsolo St., Amorsolo Bldg.,
Legaspi Village, Makati City
Thru: Philpost
Receipt No.: 11112222
Dated: February 27, 2020
EXPLANATION FOR MAILING
The undersigned counsel most respectfully manifests that copies of
the above Motion was served to the above-named address by registered mail
in lieu of personal service because of lack of manpower to effect the
personal service.
ATTY. DAVE BEE
Counsel for Plaintiff
