REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
MANILA, BRANCH 4

MARIAM M. WANTZ, herein

represented by her Attorney In
Fact, PRISCILLA M.
VENERACION,
Petitioner,

-versus- Civil Case No. R-MNL-18-

04907-CV
For: Partition

DONALD E. WANTZ,
Respondent.

MOTION FOR SERVICE OF SUMMONS

BY PUBLICATION

Petitioner, Mariam M. Wantz, herein represented by her Atty.

In Fact, Priscilla M. Veneracion, by the undersigned counsel,
respectfully states:

1. Last May 31, 2018, plaintiff filed the instant petition for the
partition of her property covered by CTC 62880 and CTC 62879. This
property is co-owned with Donald E. Wantz, the respondent in said
case.

2. Thereafter, on July 31 and August 2, 2018, the process server

of this Honorable Court, Mr. Ronnie R. Ruaya, went to the address of
respondent, DONALD E. WANTZ, at Unit A-2601, Tower A, Alpha
Grandives Condominium, M.H. Del Pilar Street, Malate, Manila, to
serve a copy of the summons dated June 19, 2018. Together with said
summons was a copy the aforesaid petition together with its
Annexes. Mr. Ruaya, however, was not able to find respondent
Donald Wantz, instead, he was able to speak with a certain JOCELYN
MABUHAY, who introduced herself as the girlfriend of Respondent
Wantz. Mr. Rauya tendered a copy of said summons to Ms.
Mabuhay. Ms. Mabuhay informed Mr. Ruaya that she is authorized
Wantz v. Wantz
Partition
Motion for Leave to Serve Summons through Publication

to receive letter, billing and other document pertaining to the

respondent. Further, respondent plans to visit the Philippines by
August or September 2018.

3. On October 2, 2018, Mr. Rauaya went back to respondent’s

address, however, Mr. Mabuhay informed him that respondent will
return to the Philippines, however, the date is still uncertain.

4. On October 3, 2018, Mr. Ruaya issued a PROCESS SERVER

RETURN stating that the summons issued by this Honorable Court
for respondent Wantz was UNSERVED. A copy of the said return is
attached hereto as Annex “A”.

5. Considering the foregoing, plaintiff has no other choice but

to move for the service of summons by publication. Rule 14, Section 14
of the 1997 Rules of Civil Procedure provides:

“Service upon defendant whose identity or

whereabouts are unknown. – In any action where
the defendant is designated as an unknown
owner, or the like, or whenever his
whereabouts are unknown and cannot be
ascertained by diligent inquiry, service may,
by leave of court, be effected upon him by
publication in a newspaper of general
circulation and in such places and for such
time as the court may order.” [Emphasis
Supplied]

6. In the present case, the whereabouts of respondent cannot

be ascertained as of the moment since he is yet to return to the
Philippines.

7. Hence, service of summons by publication is proper so as to

prevent any further delays in the final determination of this case.

8. This motion is not intended to delay the proceedings in this

case but is made solely for the aforesaid reasons.

RELIEF

WHEREFORE, petitioner respectfully prays that this Honorable

Court issue an order to serve the summons to respondent Donald
Wantz by publication in a newspaper of general circulation.

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Wantz v. Wantz
Partition
Motion for Leave to Serve Summons through Publication

Petitioner prays for such further or other relief as may be

deemed just or equitable.
Other reliefs are likewise prayed for.

Manila. November 28, 2018.

Notice of Hearing and Copy Furnished:

Branch Clerk
Regional Trial Court
Manila, Branch 4

DONALD WANTZ
Respondent
Unit A-2601
Tower A, Alpha Grandives Condominium
M.H. Del Pilar
Manila

Office of the Solicitor General

134 Amorsolo Street
Legazpi Village, Makati

NOTICE OF HEARING

Greetings:

Please take notice that the undersigned counsel shall submit the
foregoing for the consideration and approval of the Honorable Court
on December 7, 2018 at 8:30 in the morning or at any other date upon
the convenience of this Honorable Court.

EXPLANATION

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Wantz v. Wantz
Partition
Motion for Leave to Serve Summons through Publication

(Pursuant to Sec. 11, Rule 13 of the Rules of Court)

The foregoing MOTION was served through licensed courier

for lack of manpower and due to the distance involved.

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