Republic of the Philippines

METROPOLITAN TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
Branch 85 Caloocan City

ANA C. BITONG,
Plaintiff,

-versus- Civil Case No. 22-32129

For: Breach of Contract with
Damages Based on Compromise
Agreement and Collection of Sum of
Money
MYRNALEN V. ABOY,
Defendant.
x------------------------------------------------x

Motion To Re-serve Summons

Comes now, Plaintiff through the undersigned counsel, unto this Honorable
Court most respectfully avers that:

1. On November 11, 2022, the undersigned counsel received the Sheriff’s

Return of Summons issued on even date stating that “The Summons and all other
documents, therefore, respectfully returned, UNSERVED.”

2. Based on the return, it appears that the court sheriff made an attempt on
November 10, 2022 at around 9:00 in the morning to serve the summons on herein
Defendant at her last known address located at 7B San Diego St., Brgy. 88,
Caloocan City, however, according to the mother in law of the defendant, Aboy is
no longer living in their house and she does not know her whereabouts.

3. In the case of PEOPLE'S GENERAL INSURANCE CORPORATION,

VS. EDGARDO GUANSING AND EDUARDO LIZASO, G.R. No. 204759,
November 14, 2018:

“For substituted service of summons to be available, there must be

several attempts by the sheriff to personally serve the summons within
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 a reasonable period of one month which eventually resulted in failure
to prove impossibility of prompt service. "Several attempts" mean at
least three (3) tries, preferably on at least two different dates. In
addition, the sheriff must cite why such efforts were unsuccessful.”

4. Considering that this is just the first-time summons was served by the
court sheriff, the Plaintiff now moves to have the summons be re-served on the
defendant for two (2) more times on separate occasions in accordance with the
prevailing rules and jurisprudence rendered by the Honorable Supreme Court.

5. This motion is being filed, in good faith to properly inform and update the
State as well as the Honorable Court, and is not intended to delay the proceedings
before this Honorable Court but due to the reasons stated above.

PRAYER

WHEREFORE, premises considered, the accused through the undersigned

counsel respectfully asks the Honorable Court to DIRECT or ORDER the Court
Sheriff to serve the summons with the attached documents of this case to the last
known address of the defendant for two (2) more times on two (2) separate
occasions in accordance with the prevailing rules and jurisprudence.

Other reliefs, just and equitable under the premises, are likewise prayed for.

Quezon City for Caloocan City December 6, 2022.

URMENITA, URMENITA & ASSOCIATES LAW FIRM

Unit 5MB8, 5 th Floor Mezzanine, Victoria Station
GMA Kamuning (Diliman) 793 EDSA
Quezon City

By:

DONN ROBERT O. SPALDING

Roll of Attorneys No. 62552
IBP No. 171069 for 2022/12/21/2021/CALMANA
PTR No. 2463593/01/3/2022 Quezon City
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 MCLE Compliance No. VI-0030040, January 21, 2020

Copy Furnished:

Court Sheriff III

METROPOLITAN TRIAL COURT
BRANCH 85, CALOOCAN CITY (North)
Caloocan City

EXPLANATION

Copy of this pleading were sent to the aforementioned parties by registered

mail and not personally as required by the 1997 Revised Rules of Civil Procedure,
due to the undersigned’s lack of adequate personnel to make such personal service.

DONN ROBERT O. SPALDING

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