REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION

REGIONAL TRIAL COURT OF BATANGAS
BRANCH 2, FAMILY COURT
LIPA CITY

JONABELLE SAMPANG
CALALUAN,
Petitioner, Civil Case No. 04-2022--0319
For: Declaration of Nullity of
Marriage.

-versus-

APOLINAR R. CALALUAN,
Respondent.
x---------------------------------------x

MOTION WITH LEAVE OF COURT TO EFFECT SERVICE

OF SUMMONS BY PUBLICATION

COMES NOW, the PETITIONER by the undersigned counsel and

unto this Honorable Court, with leave of court, most respectfully alleges the
following factual averments:

Undersigned Counsel received a Process Server’s Return dated June

8, 2022 stating and certifying by the process server named Roderick G.
Mendoza that he caused the Service of Summons together with the copy of
Petition and Order to the Respondent Apolinar R. Calaluan at Sitio 2,
Barangay Balagtas, Batangas. However, Iluminada R. Calaluan, mother of
Apolinar R. Calaluan informed him that the respondent is presently residing
in Italy.

Despite the process server’s diligent efforts to locate and personally

serve the summons on the person of the respondent such fact proved
unavailing as brought about by the residence of the respondent in Italy;

Section 6 of A.M. No. 02-11-10-SC (Rule on Declaration of Absolute

Nullity of Void Marriages and Annulment of Voidable Marriages)
substantially provides that:

Section 6. Summons. – The service of summons shall be governed by Rule

14 of the Rules of Court and by the following rules:

1. Where the respondent cannot be located at his given address or his

whereabouts are unknown and cannot be ascertained by diligent
inquiry, service of summons may, by leave of court, be effected
upon him by publication once a week for two consecutive weeks in
 a newspaper of general circulation in the Philippines and in such
places as the court may order. In addition, a copy of the summons
shall be served on the respondent at his last known address by
registered mail or any other means the court may deem sufficient.

Since the respondent now residing in Singapore and he can no longer

be located at his given address in Batangas City, the undersigned counsel,
invoking Section 6 of A.M. No. 02-11-10-SC, most humbly implores that
summons be served on the respondent by virtue of publication as personal
service is no longer feasible;

WHEREFORE, in the light of all the foregoing, it is most

respectfully prayed of this Honorable Court that this motion be favorably
acted upon and that service of summons be served on the respondent by
virtue of publication.

Other equitable measures of relief are likewise prayed for.

Lipa City, Batangas, June 22, 2022.

SANDOVAL LIWAG OLAN CAPE MAYO

and ASSOCIATES
Counsel for the Petitioner
Mezzanine 3MJ Rain Building
Bgy. Maraouy, Lipa City, 4217
sloccrm@abogadomo.ph/sloccrm@gmail.com
Tel No. (043) 778-0077

By:

ATTY. CARLO MAGNO K. MAYO

Roll of Attorney No. 65935
IBP No. 183247/Issued on 3 January 2022 at Pasig City
PTR No. 6040229/Issued on 3 January 2022 at Lipa City
MCLE No. VII-0022068/Valid until April 14, 2025

Copy furnished:

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St., Legaspi Village,
Makati City

OFFICE OF THE CITY PROSECUTOR

Maraouy, Lipa City
 NOTICE OF HEARING

The Branck Clerk of Court

Branch 2, Family Court
Lipa City

Greetings:

Please take notice that the undersigned counsel has set the foregoing Motion
for the consideration and approval of this Honorable Court immediately
upon receipt hereof or any date convenient on the calendar of this Honorable
Court.

ATTY. CARLO MAGNO K.

MAYO

WRITTEN EXPLANATION

Due to the distance and lack of messengerial services at the present

time, the service of this Motion upon the Solicitor General, was made
through private courier in lieu of the preferred mode of personal service.
This explanation is made in compliance to the 1997 Rules of Civil
Procedure.

ATTY. CARLO MAGNO K. MAYO