Republic of the Philippines

REGIONAL TRIAL COURT

Third Judicial Region
Branch ___
Olongapo City

PROVINCE OF ZAMBALES represented by

Honorable Governor Amor D. Deloso
Plaintiffs,

- versus - CIVIL CASE NO. ____________

FOR: EXPROPRIATION WITH

URGENT EX-PARTE MOTION FOR
THE ISSUANCE OF A WRIT OF
POSSESSION AND ISSUANCE OF
TEMPORARY RESTRAINING
ORDER AND/OR PRELIMINARY
INJUNCTION

ROLANDO C. YOUNG,
Represented by Alfonso Pascual
As attorney-in-fact, the Hon. Roel Samonte,
Municipal Trial Court of Subic and
Sheriff Laddie B. Barredo.
Defendants.

x--------------------------------------------------------------x

MOTION FOR ISSUANCE OF SUMMONS BY PUBLICATION

Plaintiffs, through counsel, respectfully state:

1. On April 26, 2018, the Province of Zambales, through the

Honorable Governor Atty. Amor D. Deloso, by the power and
authority granted under Section 19 of the Local Government
Code, sought to expropriate the private property of the
defendant to avert the demolition of residential houses where
 poor and landless families in Sitio Mapanao, Subic, Zambales will
be affected;

2. At present, defendant cannot be located to the address given

in the complaint for the he is temporary out of the Philippines by
which summon in the person of the defendants cannot be
made. The Rules of Court specifically Rule 14 permits summon
by publication in case the defendant is temporary out of the
Philippines;

3. Further an expropriation case is considered an action in rem by

which summons by publication is permitted under the Rules of
Court;

PRAYER

WHEREFORE, it is respectfully prayed of this Honorable Court that

the Summons to the defendants, which was returned to this Honorable
Court unserved, be SERVED UPON THE RESPONDENT BY PUBLICATION.

Other measures of relief, just and equitable in the premises, are

likewise prayed for.

Iba, Zambales, _______________.

ATTY. MICHAEL JOSEPH B. LARUTA

Counsel for the Defendant
PTR No. Z 7020955 01/04/18 Subic, Zambales
IBP No. 020431 01/05/2018
MCLE: June 2, 2017 (date of admission to the Phil. Bar)
Roll No. 70366
Zone 5, Capitol Building, Iba, Zambales
joseph021288@gmail.com
09072349944/09956106718
 NOTICE OF HEARING
The Clerk of Court
Branch ___
Iba, Zambales

Greetings!

Please take notice that the foregoing MOTION FOR ISSUANCE OF

SUMMON BY PUBLICATION is hereby submitted for consideration and
approval of the Honorable Court immediately upon receipt hereof.

MICHAEL JOSEPH B. LARUTA

Copy furnished: