Republic of the Philippines

Ninth Judicial Region

Regional Trial Court
Branch VI
Dipolog City

THOR ODINSON,
Petitioner,

- versus - Civil Case No. 69069

FOR: ANNULMENT OF
MARRIAGE

CAPTAIN MARVEL,
Respondent,
x ---------------------------------------------- x

MOTION FOR LEAVE TO SERVE SUMMONS BY PUBLICATION

Petitioner, by counsel to this Honorable respectfully states that:

1. On 26 June 2020, petitioner filed a Petition for Judicial Declaration

of Nullity of Marriage;

2. On 21 July 2020, the undersigned received a Return of Summons

from Fernando Pohwz Jr., process server of the Office of the Clerk
of Court and Sheriffs of Dipolog City, stating to wit:

THIS IS TO CERTIFY that on July 11, 2020, undersigned tried to cause the
service of Summons issued in the above-entitled case together with a copy
of complaint with its annexes upon Defendant CAPTAIN MARVEL at her
given address in Barangay 316 Palin St., Block 27, Lot 77, Ai- Ai, Sta.
Filomena, Dipolog City, but failed an unavailing on the ground that said
Defendant is no longer residing at her given address. Information given by
Brgy chief CVO, JESSIE VINEGAR as evidenced by his signature appearing at
the bottom of the copy Summons.

WHEREFORE, the copy of Summons and Complaint is now hereby

respectfully returned to the Honorable Court UNSERVED.

Dipolog City, Zamboanga del Norte, this 13 day of July, 2020.

SCOTT LANG
 Process server

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”.

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.

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.

Dipolog City, 25 July 2020.

ATTY. BLACK WIDOW

 Dipolog City 
Appointment No. 1234
Until December 31, 2020
Roll no. 123456 
PTR no. 1234, 1/1/20, Dipolog City 
IBP no.1234, 1/2/20, Dipolog City 
Office Address: Cruz Bldg. Dipolog City
Email: blackwidowlaw@gmail.com
Contact Number: +639171668148

NOTICE OF HEARING

THE CLERK OF COURT

RTC Branch 6
Dipolog City

HON. SOLICITOR GENERAL

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

OFFICE OF THE CITY PROSECUTOR

Dipolog City

CAPTAIN MARVEL
316 Palin St., Block 27 Lot 77
Ai- Ai, Sta. Filomena, Dipolog 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 July 29, 2020 at 8:30 a.m.

ATTY. BLACK WIDOW

Copy furnished:

HON. SOLICITOR GENERAL

134 Amorsolo St., Amorsolo Bldg.,
Legaspi Village, Makati City
OFFICE OF THE CITY PROSECUTOR
Dipolog City

CAPTAIN MARVEL
316 Palin St., Block 27 Lot 77
Ai- Ai, Sta. Filomena, Dipolog City

EXPLANATION

The foregoing motion is being filed to the Honorable Court with copy
therefore furnished to the Office of the Solicitor General, Office of the
Provincial Prosecutor and the other party by registered mails, due to the
distance of the undersigned from the said offices and other party, making
personal service thereof not practicable.

ATTY. BLACK WIDOW