Republic of the Philippines

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch 166, Pasay City
nd
Room 202, 2 Floor, Hall of Justice, F.B. Harrison St., Pasay City
Contact No. +639270460923
Email address: metc1psy166@judiciary.gov.ph

PHILIPPINE SAVINGS BANK CIVIL CASE NO: M-PSY-23-

02709-
Plaintiff, CV

-versus- For: Recovery of Possession with

Application for Preliminary Writ of
RODERIC D. TONGA AND Replevin with Alternative Prayer
for
JOHN DOE, Sum of Money
Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

ORDER

On 19 October 2023, plaintiff filed a Sworn Return of Summons executed by its

authorized representative, Allan C. Marcos. The Return shows that Mr. Marcos caused the
personal service of Summons upon the defendant on 09 October 2023 in the morning and
afternoon, and on 13 October 2023, but was failed and unavailing.

The Summons being unserved, plaintiff filed a Motion for Leave of Court to Serve
Summons by Publication on 20 October 2023 asking for service of Summons by means of
publication.

Considering that the whereabouts of the defendant cannot be located despite diligent
efforts by the plaintiff and its authorized representative, the Court resolves to grant the
Motion pursuant to Section 16, Rule 141 of the 2019 Amended Rules of Civil Procedure.

Accordingly, the Summons issued by the Court last 22 September 2023 is hereby
recalled and set aside. Let new Summons be issued directing defendant to file his answer
within a non-extendible period of sixty (60) calendar days from the date of last publication.
Plaintiff is hereby directed to cause the service of Summons together with the Complaint and
its annexes by publication.

Plaintiff shall cause the simultaneous publication of the foregoing in a newspaper of

general circulation and in newspapers of local circulation at the given addresses of
defendant at Blk12 Lot41, PH2, Hyacinth, Garden Villas III, Malusak, Santa Rosa, Laguna;

1
Section 16. 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 or her
whereabouts are unknown and cannot be ascertained by diligent inquiry, within ninety (90) calendar
days from the commencement of the action, service may, by leave of court, be effected upon him or
her by publication in a newspaper of general circulation and in such places and for such time as the
court may order. Any order granting such leave shall specify a reasonable time, which shall not be
less than sixty (60) calendar days after notice, within which the defendant must answer.
and at Philippine National Police, PNP Cavite City, Zulueta St., Brgy. 59, Cavite City, Cavite,
once a week, for two (2) consecutive weeks.

Send a copy of this Order to the plaintiff through their email address on record.

SO ORDERED.
24 October 2023
Pasay City, Philippines

HON. KIRBY G. JAVIER

Presiding Judge

KGJ/jayson

Copy Furnished:

Atty. Jon Vincent B. Diaz De Rivera

JBDiazderivera@psbank.com.ph
Atty. Maica Maris D. Maranan
MDMaranan@psbank.com.ph
4th Floor PSBank Center
777 Paseo de Roxas Corner
Sedeño Street, Makati City