Annulment/Nullity - 

Annulment Legal Forms

Republic of the Philippines

REGIONAL TRIAL COURT
7th Judicial Region
BRANCH __
____ City

___________________
Petitioner.

-versus- Civil Case No. ________

For: Declaration of Nullity of Marriage

___________________
Respondent.

X--------------/

MOTION WITH LEAVE OF COURT TO SERVE SUMMONS BY PUBLICATION

COMES NOW, the petitioner, through the undersigned counsel, unto this Honorable Court, most respectfully states that:

1. A petition has already been filed before this Honorable Court and copies of which have been

furnished the Solicitor General and the Office of the ____ Prosecutor of _____.

2. The undersigned counsel wishes to inform the court that respondent can no longer be contacted

at the address given in the petition, in_____________________________________________.

3. Diligent efforts have been made to contact and locate the whereabouts of respondent but to no

avail.

4. In order not to waste valuable time and resources and in the interest of justice and speedy

resolution of cases, petitioner, through undersigned counsel, with the leave of court, moves that

extra-territorial service of the summons be served by means of publication.

5. Under Sec. 6 of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of

Voidable Marriages, it provides:

“Sec. 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.

WHEREFORE, undersigned counsel with leave of court moves to serve the summons by publication to the

respondent once a week for two consecutive weeks in a newspaper of general circulation and in addition, a

copy of the summons shall be served on the respondent at her last known address by registered mail or

any other means the court may deem sufficient. All other relief, just and equitable are similarly prayed for.

______ City, Philippines. ____date_______.

Roll No. _______

PTR No. ________ ___date______
IBP No. _________ Lifetime
______ Province

NOTICE OF HEARING

The Clerk of Court

Solicitor General
Office of the City Prosecutor

Please schedule a hearing of the above motion on ______ ___, ____ at __am/pm__.

Copy Furnished:

The Solicitor General

Office of the Solicitor General

134 Amorsolo St.,Legaspi Village
Legaspi Village 1229 Makati City
Registry Receipt no. _________
Date: ________

Office of the City Prosecutor

Palace of Justice
Received by: ____________
Date: __________________