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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
______________
Branch ____
_____________________

ABC,
Petitioner,
CIVIL CASE NO. ____ -
versus- NULLITY OF MARRIAGE

DEF,
Respondent.
x----------------------------------------------------x

MOTION FOR LEAVE OF COURT

TO SERVE SUMMONS BY PUBLICATION

COMES NOW, the petitioner, through the undersigned counsel and

unto this Honorable Court, most respectfully avers:

1. That as per OFFICER’S RETURN of Summons, the copy of the summons

and petition was not served personally to the respondent on his given last
known address. That respondent ordinarily resides in the Philippines but is
temporarily out of the Philippines by reason of her work abroad.

2. That as per the Return, respondent’s sister informed the process server that
respondent is working in ______ and has provided her work address.
However, considering the current situation of limited and/or restricted
travels because of the pandemic, and considering further that the Rules of
Court also allow the service of summons thru publication, it is thus prayed
that the summons on respondent be served by publication instead.

3. Section 14, Rule 14 of the Rules of Court substantially provides that when
any action is commenced against a defendant who ordinarily resides within
the Philippines, but who is temporarily out of it, service may, by leave of
court, be also effected out of the Philippines by extraterritorial service.
While Sec. 15, Rule 14 substantially provides that when the action affects
the personal status of the plaintiff or relates to, service may, by leave of
court, be effected out of the Philippines by personal service as under section
6; or by publication in a newspaper of general circulation in such places and
for such time as the court may order.
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4. With the current situation, despite the effectivity of the Hague Convention
on the Service abroad of Judicial Documents, petitioner find it more
practicable and expedient if the summons be served by publication in a
newspaper of general circulation rather than by resorting to extraterritorial
personal service of summons. The Affidavit of Merit is hereto attached as
Annex A and made an integral part hereof.

WHEREFORE, petitioner prays that the summons be served to the

respondent by publication based on the above reasons. Further, considering
the lack of fund for its publication, petitioner is earnestly praying that the
publication will be made once or twice only.
 
Such other relief and remedies as may be deemed just and equitable
under the premises are likewise prayed for.

___________________.

ATTY. __________
_________________

NOTICE OF HEARING

The Clerk of Court

____________

GREETINGS:

Please submit the foregoing motion for the consideration and approval
of the Honorable Court on ___________, without further oral argument.
Thank You.

ATTY

Copy furnished:

EXPLANATION
 
Copy of the Motion to Serve Summons by Publication was served to
respondent to her last known address by registered mail due to time and
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distance constraints, and for lack of the undersigned’s staff who can serve
the same in person.
 
ATTY