REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Fifth Judicial Region
FAMILY COURT
Branch 9
Rawis, Legazpi City

WIL DASOFICH
Petitioner,

CIVIL CASE No. FC-19-143

FOR: Petition for Legal Separation
-versus-

ALODIA GOSIENGCHO
Respondent.

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MOTION FOR LEAVE OF COURT

FOR SERVICE OF SUMMONS BY PUBLICATIONS

COMES NOW, the petitioner, through the undersigned counsel and

unto this Honorable Court, most respectfully avers:

1. That on 28 November 2022, copy of summons was served by the

process server of this Honorable Court to the respondent on her
permanent address, but respondent was not around, hence, substituted
service of summons was resorted due to the absence of the
respondent;

2. That during the service of summons, it was found out that respondent
is presently working abroad, particularly in Canberra, Australia, of
which the exact locations of her work and address are undetermined;

3. That pursuant to Section 3 of A.M. No. 02-11-11-SC 1, which provides

that when a respondent cannot be located at her given address, service
of summons may, by leave of court, be effected upon her by
publication once a week for two consecutive weeks in a newspaper of
general publication in the Philippines and in such place as the court
may order. In addition, a copy of summons shall be served on
respondent at her last known address by registered mail or by any
other means the court may deem sufficient.
1
RE: PROPOSED RULE ON LEGAL SEPARATION
 WHEREFORE, in view of the foregoing, it is respectfully prayed of this
Honorable Court, in accordance with A.M. No. 02-11-11-SC, that summons
be served on respondent by publication.

Such other relief and remedies as may be deemed just and equitable
under the premises are likewise prayed for.

Legazpi City, 10 March 2023.

ABC LAW FIRM

Counsel for the Petitioner
5 Floor, Door 3 Sky Building
th

Sampaguita St., Legazpi City

Telephone No. (02)485-2021
Email-address: thefirm@abcfirm.com.ph

By:

ATTY. AGAPITA B. GONZAGA

PTR No. B-12564123/1.11.2023/Legazpi City
IBP No. 12564589/1.11.2023/Legazpi City
Roll No. 607148
MCLE Compliance No. V-159236596
Issued April 15, 2021
Tel No. (02)458-2026
Cell Phone No. 09175428951
Email address: AGthefirm@abcfirm.com.ph

NOTICE

THE BRANCH CLERK OF COURT

Branch 9
RTC

GREETINGS:

Please submit the foregoing motion for the consideration and approval
of the Honorable Court without further hearing and appearance.

ATTY. AGAPITA B. GONZAGA

Copy Furnished:

OFFICE OF THE CITY PROSECUTOR

HOJ, Rawis, Legazpi City

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St., Legazpi Village
Makati, Metro Manila

ERNESTO B. TORRES
TORRES & TORRES LAW
Counsel for Respondent
1st Floor ANT Bldg.
Pluto St., Sorsogon City

ALODIA GOSIENGCHO
Purok 1, Brgy. Rawis
Legazpi City

EXPLANATION

Copy of the Motion to Serve Summons by Publication was served to

the Respondent by registered mail due to time and distance constraints, and
for lack of the undersigned’s staff who can serve the same in person.

ATTY. AGAPITA B. GONZAGA