REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

11th Judicial Region
Davao City
Branch 6

MARTHA A. SISON- MERCADO

Petitioner,
Special Proceedings Case No.____
For: CUSTODY OF MINOR UNDER
- versus - SECTION 6, RULE 99 OF THE
RULES OF COURT IN RELATION
TO A.M. NO. 03-04-04-SC

ANTONIO EMIL A. MERCADO,

Respondent.
x- - - - - - - - - - - - - - - - - - - - - - x

MOTION FOR LEAVE OF COURT TO SERVE

SUMMONS BY PUBLICATION

PETITIONER, through the undersigned counsel and unto this

Honorable Court, most respectfully avers that:

1. On March 6, 2020, the undersigned counsel received an

Order dated February 28, 2020 issued by this Honorable Court copy
of which is herein attached as ANNEX “A”;

2. In the said Order, the Court noted its receipt of the

Process Server’s Return of Summons and directed the Petitioner to
exert all efforts to inform the Court of Respondent’s present address
within five (5) days from receipt or in this case, March 11, 2020.
Thus, this Motion is filed on time;

3. Despite exerting diligent efforts to locate Respondent

even before the filing of this Petition, Petitioner cannot locate the
same whose last known address was at Block 16, Lot 11, Pag-Asa
St., Country Homes, Cabantian, Davao City. The only latest
information which is still unverified as of this time is that Respondent
is at Tagum City, Davao del Norte;
 4. In view thereof, considering the address and
whereabouts of Respondent is unknown, Petitioner most respectfully
moves with leave of court, to serve Summons by publication under
Section 14, Rule 14 of the Rules of Court;

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most

respectfully prayed unto this Honorable Court that the summons be
served based on the above reasons as provided.

Other just and equitable reliefs are likewise prayed for under
the
premises.

Davao City, Philippines this 11 day of March 2020.

Respectfully submitted.

By:

Sgd.
ATTY. STEPHANIE M. SANTOALLA
Counsel for Petitioner
IBP NO. 071717, 12/12/19, Davao City
PTR NO. 071717, 12/12/19, Davao City
ROLL ATTORNEY NO. 11077
MCLE Comp. No. IV-0004785, 3/2/19
Doors 5 & 6, Tropicana Building,
J.P. Laurel Avenue, Lanang, Davao City

Copy furnished: (Personal Service)

THE BRANCH CLERK OF COURT

Regional Trial Court- Region XI
Branch 6

OFFICE OF THE SOLICITOR GENERAL

#134 Amorsolo St., Legaspi Village,
Makati City
Registry Receipt No. _______________
Dated: ___________________________