Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 17
Davao City

MIRA LUNA ALIBBON REP. BY CIVIL CASE NO. R.DVO-17-03788-

CV
SYLVIA ALIBBON For: Collection of Sum of Money, etc.
Plaintiff,

-versus-

ROSE ALVAREZ KOKOBU

Defendant.
X-----------------------------------------------x

COMMENT ON THE 11 DECEMBER 2017 ORDER

OF THIS HONORABLE COURT
(Comment on the unserved summons to ROSE KOKOBU)

COMES NOW, the plaintiff, thru the undersigned

counsel and unto the Honorable Court, most respectfully
submits this comment to furnish the Honorable Court of
Defendant Rose Alvarez Kokobu’s correct and present
address and avers:
1. In order to comply with the 11 December 2017
Order of this Honorable Court – ordering the plaintiff
to give the correct and present address of Defendant –
plaintiff’s counsel took time off of his busy schedule
to personally inquire with the Barangay Hall of
Buhangin as to the whereabouts of the Defendant;
2. As per records of Barangay Hall of Buhangin,
Defendant has resided at Block 5, Lot 19, Robinson
Drive, Robinson Highland, Buhangin, Davao City; in
fact, Defendant was successfully served and furnished
with Barangay summons at her said residence address on
August 2017;
3. According to Barangay Officials of Barangay
Buhangin, Defendant has also a residence address at 32
Zinnia Avenue, Ladislawa Village, Buhangin, Davao City,
and that Defendant has been the subject of a number of
complaints for estafa as per records of the said
Barangay;
4. Considering that Defendant has defrauded a
number of persons, it logically follows that Defendant
intends to hide, and is in fact now hiding, from the
Page 1 of 3
persons whom Defendant has defrauded, including herein
Plaintiff;
5. Corollary, serving summons on the person of the
Defendant, who is now hiding, would require additional
time and effort; as such, the plaintiff, thru the
undersigned counsel and unto the Honorable Court, most
respectfully prays for the granting of the following:

PRAYER
WHEREFORE, in light of the foregoing and in the furtherance of justice, it is
most respectfully prayed of the Honorable Court that the Court Sheriffs be
respectfully directed to zealously re-serve the summons on Defendant Rose
Alvarez Kokobu, at the latter’s following residence addresses:

(1) Block 5, Lot 19, Robinson Drive, Robinson Highland,

Buhangin, Davao City, and

(2) 32 Zinnia Avenue, Ladislawa Village, Buhangin, Davao City.

Likewise, it is prayed of the Honorable Court to refrain from dismissing this

complaint, and give the plaintiff more time within which to locate and find the
exact whereabouts of herein Defendant.

Other relief and remedies that are just and equitable under the premises
are likewise prayed for.

RESPECTFULLY SUBMITTED.

ATTY. JONATHAN P. UY
Counsel for the Plaintiff
Second Floor Peyreras Building,
Pioneer Avenue, Tagum City, Davao del Norte
Roll No. 67339
TIN NO. 452-694-284
PTR No. 8811758
MCLE EXEMPT for having
recently passed the 2016 BAR Exam

Page 2 of 3
 NOTICE OF FILING AND HEARING
THE BRANCH CLERK OF COURT
REGIONAL TRIAL COURT, BRANCH 3
Nabunturan, Compostela Valley

Greetings!

Please kindly file the foregoing COMMENT ON THE 18 SEPTEMBER

2017 ORDER OF THIS HONORABLE COURT for the consideration and
approval of the Honorable Court, with or without appearance of counsels,
immediately upon your receipt hereof or at any time convenient to the Honorable
Court.

Accordingly, kindly address all pertinent notices and processes of the

Honorable Court to the undersigned at Second Floor, Peyreras Building, Pioneer
Avenue, Tagum City, Davao del Norte, Philippines.

ATTY. JONATHAN P. UY
Counsel for the Accused
Second Floor Peyreras Building,
Pioneer Avenue, Tagum City, Davao del Norte
MCLE EXEMPT
TIN NO. 452-694-284
PTR No. 8811758
Roll No. 67339

EXPLANATION

Undersigned Counsel has furnished the Ombudsman Prosecutor a copy of

the foregoing through registered mail on account of time and distance constraints.

Copy furnished:

OMBUDSMAN PROSECUTOR ARNOLD REUBEN L. AGUILAR

Office of the Ombudsman Mindanao,
3rd Level, Herrera and Co., Building,
Alvarez Street, Sta. Ana, Davao City.
With Conformity:

ELEONOR B. CUTAMORA
Accused

Copy furnished:

ATTY. LEO ANO-OS

Office of the Ombudsman Mindanao,
3rd Level, Herrera and Co., Building,
Alvarez Street, Sta. Ana, Davao City.

ATTY. LEO ANO-OS

Provincial Prosecutor
 NOTICE OF HEARING

The Clerk of Court

Metropolitan Trial Court Branch 59
Mandaluyong City

Greetings:

Kindly submit the foregoing motion for the consideration and approval of

the Honorable Court immediately upon your receipt hereof.

CRISTINA G. RAVAGO

EXPLANATION

Undersigned Accused has furnished the private prosecutor a copy of the

foregoing motion though registered mail, and not by personal delivery, because

of distance and time constraint.

CRISTINA G. RAVAGO

COPY FURNISHED by registered mail:

Atty. Maria Bote-Veguilla
Private Prosecutor
5th Floor Strata 100 Building
F. Ortigas Jr. Avenue, Ortigas Center, Pasig City, Metro Manila