REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

City of Cebu
BRANCH 98

SHEILA G. ANTE - GUTIERREZ,

Petitioner,

-versus- Civil Case No. 15-15553

CARL P. GUTIERREZ,
Respondent.
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MOTION TO SERVE DECISION

BY PUBLICATION

PETITIONER by the undersigned counsel, and to this Honorable Court,

most respectfully states:

1. That on June 22, 2017, SHEILA G. ANTE - GUTIERREZ herein

petitioner received a copy of the Decision for Petition to Declare Nullity of
Marriage;

2. That since this case was set for trial, summons and other court process
was served to the defendant on his last given address but defendant is no
longer residing on his given address;

3. That despite petitioner’s diligent effort to locate respondents whereabouts

it remains futile, thus summons was served to respondent by publication;

4. Thus, it is to petitioner’s honest belief that respondent will obtain

knowledge of the Honorable Court’s Decision by publication;

5. That, in view thereof and in the interest of substantial justice, petitioner

now most respectfully moves to allow Service of Decision to respondent
by Publication;

WHEREFORE, premises considered, petitioner by the undersigned counsel

and to this Honorable Court most respectfully move and pray that petitioner’s
motion to allow the Service of Decision to respondent by Publication, be
GRANTED. Other reliefs and remedies just and equitable in the premises are
likewise prayed.

June 23, 2017

Cebu City, Philippines.

MOTION TO SERVE DECISION BY PUBLICATION
GUTIERREZ-v- GUTIERREZ page 2
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Atty. POCHOLO B. SORRIOAZO

Counsel for the Petitioner
SORRIOZO LAW OFFICE
2/F Pacheco Bldg., Mandaue Cebu City
IBP Lifetime Membership No. LRN-034567
PTR. NO. 4454537 /01-05- 15/Cebu City
Roll of Attorney No. 34926
MCLE Compliance No. V-0007523 /May 12, 2015

Clerk of Court
Regional Trial Court

Greetings:

Please submit the foregoing motion for the consideration and approval of
this Honorable Court, without further argument.

Respectfully submitted.

Atty. POCHOLO B. SORRIOAZO

Counsel for the Petitioner

Copy furnished:

The City Prosecutor

The Solicitor General

Mr. Carl P. Gutierrez

#8 Tulip Street, San Carlos Heights
Cebu City

Explanation:

Copy of the Motion to Serve Decision by Publication was served to respondent

and government offices by registered mail for lack of staff that can serve the same in
person.

Atty. POCHOLO B. SORRIOAZO

Counsel for the Petitioner