Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch 60
Barili, Cebu

A,
Petitioner,

CIVIL CASE No. CEB-BAR-000

- versus –
FOR: Declaration of Nullity of
Marriage
B.
Respondent.

__________________________________________________________________

MOTION FOR LEAVE OF COURT TO

SERVE SUMMONS BY PUBLICATION

COMES NOW, Petitioner, by and through the undersigned counsel,

unto this Honorable Court, most respectfully alleges THAT:

1. On 11 December 2019, copy of the summons was served by the

process server of this Honorable Court to the Respondent on her last
known address. However, the summons remained unserved as it was
ascertained that Respondent has been working in Dubai for three (3) years
now, and her exact address therein cannot be determined.

A Return of the Summons is hereunto attached as Annex “A”.

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2. Considering that the whereabouts of the Respondent is

unknown, Petitioner most respectfully moves with leave of court to serve
summons by publication.

PRAYER

WHEREFORE, in view of the foregoing, it is most respectfully

prayed that summons be served by publication for the above mentioned
reasons.

Other relief just and equitable are likewise prayed for.

Mandaue City for Barili, Cebu, Philippines, December 27, 20xx.

ATTY. GAP
Roll of Attorneys No.00000
PTR No. xxx
IBP No. xxx
MCLE Compliance: Provisionally Exempt
Address
Contact No.

Request to:

Branch Clerk of Court

Regional Trial Court
Barili Cebu – Branch 60

With Notice and Copy furnished to:

 Page 3 of 3

THE OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo Street, Legaspi Village, Makati,
1229 Kalakhang Maynila

THE PROVINCIAL PROSECUTOR

OPP-Cebu, 2/F DOJ Bldg., D.A. Compound,
M. Velez St., Cebu City

GREETINGS!

Please submit the foregoing Motion unto this Honorable Court on

Friday, January 10, 20xx at 8:30 o’clock in the morning for its consideration
and resolution without further arguments and sans appearance of counsels.

ATTY. GAP

EXPLANATION

Pursuant to the pertinent provisions of the Rules of Court, copies of

this Motion were served to other parties through registered mail instead of
personal service due to the distance and lack of messengerial personnel.

ATTY. GAP