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    Bebe Kho

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    Metoi Alcruze
    1. Petitioner Bebe Kho filed a petition for nullity of marriage against respondent Langley Go in December 2020. 2. The summons was returned unserved as the process server was unable to locate or ascertain the whereabouts of the respondent despite diligent efforts. 3. Petitioner moves for leave of court to serve summons on respondent by publication, as allowed under the rules when a respondent's location is unknown. Petitioner seeks to publish the summons once a week for two consecutive weeks in a newspaper.

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    Bebe Kho

    Uploaded by

    Metoi Alcruze
    86 views3 pages
    1. Petitioner Bebe Kho filed a petition for nullity of marriage against respondent Langley Go in December 2020. 2. The summons was returned unserved as the process server was unable to locate or ascertain the whereabouts of the respondent despite diligent efforts. 3. Petitioner moves for leave of court to serve summons on respondent by publication, as allowed under the rules when a respondent's location is unknown. Petitioner seeks to publish the summons once a week for two consecutive weeks in a newspaper.

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    1. Petitioner Bebe Kho filed a petition for nullity of marriage against respondent Langley Go in December 2020. 2. The summons was returned unserved as the process server was unable to locate or ascertain the whereabouts of the respondent despite diligent efforts. 3. Petitioner moves for leave of court to serve summons on respondent by publication, as allowed under the rules when a respondent's location is unknown. Petitioner seeks to publish the summons once a week for two consecutive weeks in a newspaper.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    86 views3 pages

    Bebe Kho

    Uploaded by

    Metoi Alcruze
    1. Petitioner Bebe Kho filed a petition for nullity of marriage against respondent Langley Go in December 2020. 2. The summons was returned unserved as the process server was unable to locate or ascertain the whereabouts of the respondent despite diligent efforts. 3. Petitioner moves for leave of court to serve summons on respondent by publication, as allowed under the rules when a respondent's location is unknown. Petitioner seeks to publish the summons once a week for two consecutive weeks in a newspaper.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Republic of the Philippines

    REGIONAL TRIAL COURT


    11th Judicial Region
    Branch 34, Davao City

    BEBE KHO
    Petitioner,

    Civil Case No. 1212111


    - versus - For: Declaration of Nullity of
    Marriage

    LANGLEY GO
    Respondent.
    x---------------------------------------x

    MOTION FOR LEAVE


    TO SERVE SUMMONS BY PUBLICATION

    Petitioner, by and through counsel, and unto this Honorable Court,


    most respectfully states that:

    1. On December 28, 2020, petitioner filed a Petition for Judicial


    Declaration of Nullity of Marriage;

    2. On January 10, 2020, the undersigned received a Return of


    Summons from Juan Ponce, process server of the Office of the
    Clerk of Court and Sheriffs of RTC 11, stating to that despite the
    process server’s diligent efforts and after being furnished with a
    map to the address of the respondent, the summons was returned to
    the court UNSERVED. A copy of the Return of Summons is
    attached herewith as Annex “A”;

    3. Section 6 of the Rule on Declaration of Absolute Nullity of Void


    Marriages and Annulment of Voidable Marriages (Supreme Court
    A.M. No. 02-11-10) states the following, to wit:

    “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.

    (2) The summons to be published shall be contained in an order


    of the court with the following data: (a) title of the case; (b) docket
    number; (c) nature of the petition; (d) principal grounds of the
    petition and the reliefs prayed for; and (e) a directive for the
    respondent to answer within thirty days from the last issue of
    publication.

    4. Thus, petitioner hereby prays that summons be served on


    respondent by publication in accordance with the above quoted
    rule.

    PRAYER

    WHEREFORE, premises considered, it is most respectfully prayed of


    this Honorable Court, in accordance with A.M. No. 02-11-10, that summons
    be served by publication.

    Other equitable reliefs are likewise prayed for.

    Davao City, Philippines, February 27, 2020.

    DAVE BEE
    Counsel for Plaintiff
    Attorney’s Roll No. 10772
    PTR No. 7862245 B; 01-02-20; Davao City
    IBP O.R. No. 024454; 01-02-20; Davao City
    Door 1, VMJ Bldg, Buhangin, Davao City
    Tel. No. 218-3595
    NOTICE OF HEARING

    To:
    THE CLERK OF COURT
    RTC Branch 34
    Davao City

    GREETINGS!

    Please take notice that the undersigned has set the foregoing Motion
    for Leave to Serve Summons by Publication for the consideration and
    approval of this Honorable Court on March 3, 2020 at 8:30 in the morning.

    ATTY. DAVE BEE


    Counsel for Plaintiff

    Copy furnished by Registered Mail:

    THE CLERK OF COURT


    RTC Branch 34
    Davao City

    HON. SOLICITOR GENERAL


    134 Amorsolo St., Amorsolo Bldg.,
    Legaspi Village, Makati City

    Thru: Philpost
    Receipt No.: 11112222
    Dated: February 27, 2020

    EXPLANATION FOR MAILING

    The undersigned counsel most respectfully manifests that copies of


    the above Motion was served to the above-named address by registered mail
    in lieu of personal service because of lack of manpower to effect the
    personal service.

    ATTY. DAVE BEE


    Counsel for Plaintiff

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