TEJERO, MAERIAN A.

JD3 – CSU COLLEGE OF LAW

LEGAL FORMS 2022

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
Second Judicial Region
Solana Woods, Cagayan

HARRY POTTER
Plaintiff, Civil Case No. 000001
For: Recovery of Possession
-versus- and Damages with Injunction

SEVERUS SNAPE,
Defendant
x----------------------------------x

MOTION FOR THE ISSUANCE OF ALIAS SUMMONS

Plaintiff thru counsel, unto this Honorable Court, most respectfully
avers;
1. That on March 4, 2011, this Honorable Court made an Order requiring
herein plaintiff to submit a viable address of the defendant as the
summons to the latter was unserved based on the Serve’s return;

2. That at this point, plaintiff would like to point-out to this Honorable Court
that the address of the defendant contained in the plaintiff’s Statement of
Claim is the correct and exact of address of the defendant. It is evidenced
of the fact that the demand letter sent by the plaintiff to the defendant
was received on such address;

3. That plaintiff was not furnished a copy of the Server’s Return as provided
for in Section 5 Rule 14 of the Rules of Court which explicitly provides
that the plaintiff shall be served a copy of the return stating the reason for
the failure of the service, thus;

“SEC. 5: Issuance of alias summon. If a summons is returned without being

served on any or all of the defendants, the server shall also serve a copy of
the return on the plaintiff’s counsel, stating the reasons for the failure of
service, within five (5) days therefrom. In such a case, or if the summons has
been lost, the clerk, on demand of the plaintiff, may issue an alias
summons.”

4. That by the non-receipt of the Server’s return to the plaintiff, the latter
have no due why summon was not served on the defendant or that
diligent efforts were exerted to locate the address of the defendant.

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 TEJERO, MAERIAN A.
JD3 – CSU COLLEGE OF LAW
LEGAL FORMS 2022

Hence, at this point, plaintiff highly contends that the Server’s Return is
defective.

5. That all being said, plaintiff taking into consideration that the summon to
the defendant was returned unserved and likewise, as provided for in the
above-cited Section 5 Rule 14 of the Rules of Court.

PRAYER
WHEREFORE, premises considered, it is most respectfully prays that an
Alias Summon be issued.

(SIGNED)
HERMIONE GRANGER
No. 7 Centro Solana, Woods, Cagayan
555-555-555
Roll No.: 12345
PTR No. 56789/January 25, 2011/Solana, Cagayan
IBP No. 2222/January 10, 2011
MCLE Compliance No.: 100100

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