REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
BRANCH ___, PASAY CITY

____________________________
Plaintiff ,

-versus- CIVIL CASE NO. ______

____________________________
Defendant

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MOTION WITH LEAVE OF COURT

TO ALLOW SERVICE OF SUMMONS BY PUBLICATION

COMES NOW, the Plaintiff, by undersigned counsel and to this

Honorable Court, respectfully states:

1. In the Sheriffs Report dated ________________, it was

indicated that on ___________________,
____________________, Sheriff III, went to the
_____________________________ at his address and tried
to serve the copy of the Writ of Attachment only to prove
ineffective for the reason that the defendants are no longer
holding office thereat and that
__________________________ could no longer be located;

2. Following the receipt of the Sheriffs Return, personnel of

the Plaintiff in coordination with the personnel of the
undersigned law firm kept on returning to the address of the
Defendants at __________________________, it was
subsequently discovered that ____________________ no
longer does business in the said address and no one can
give information as to the whereabouts of both Defendants;

3. Despite the diligent inquiry of Plaintiffs and undersigned

counsels personnel to find Defendants viable address where
summons may be validly served, the same proved futile as
the whereabouts of the defendants could no longer be
ascertained and their current location up to this date
remains unknown;

4. In consideration of the foregoing, Plaintiff is now humbly

pleadings before this Honorable Court that the Plaintiff be
 allowed to serve Summons by Publication in order for the
instant case to be finally adjudicated based on the merits;

5. Said motion is made in pursuant to Section 14, Rule 15 of

the Rules of Court, which states:

Section 14. Service upon defendant whose identity or

whereabouts are unknown. In any action where the
defendant is designated as an unknown owner, or the like,
or whenever his whereabouts are unknown and cannot be
ascertained by diligent inquiry, service may, by leave of
court, be effected upon him by publication in a newspaper
of general circulation and in such places and for such time
as the court may order.

6. In support of the said motion and in compliance with Section

14, Rule 17 of the Rules of Court, herein attached is the
Affidavit of the undersigned counsels personnel attesting to
the fact that the Plaintiff and undersigned counsel exerted
all possible efforts to carry out the personal service of the
summons but all such efforts proved futile;

PRAYER

WHEREFORE, it is so respectfully prayed that the Plaintiff be

allowed to serve summons by way of publication.

Pasay City, ______________________.