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    COMMNENT TO COUNTER (ARANETA vs. MALLORCA)

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    Cabardo Law Office
    This document is a motion filed in a Philippine regional trial court requesting leave of the court to serve a summons through publication. The motion states that the respondent, a rural bank, could not be served summons at its registered address because the bank is no longer operating and its location cannot be ascertained. The motion asks the court for permission to publish the summons in a newspaper of general circulation for a period of time ordered by the court, as the respondent's whereabouts are unknown. Attached to the motion is an affidavit supporting the grounds for requesting service by publication.

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    COMMNENT TO COUNTER (ARANETA vs. MALLORCA)

    Uploaded by

    Cabardo Law Office
    26 views3 pages
    This document is a motion filed in a Philippine regional trial court requesting leave of the court to serve a summons through publication. The motion states that the respondent, a rural bank, could not be served summons at its registered address because the bank is no longer operating and its location cannot be ascertained. The motion asks the court for permission to publish the summons in a newspaper of general circulation for a period of time ordered by the court, as the respondent's whereabouts are unknown. Attached to the motion is an affidavit supporting the grounds for requesting service by publication.

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    This document is a motion filed in a Philippine regional trial court requesting leave of the court to serve a summons through publication. The motion states that the respondent, a rural bank, could not be served summons at its registered address because the bank is no longer operating and its location cannot be ascertained. The motion asks the court for permission to publish the summons in a newspaper of general circulation for a period of time ordered by the court, as the respondent's whereabouts are unknown. Attached to the motion is an affidavit supporting the grounds for requesting service by publication.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    26 views3 pages

    COMMNENT TO COUNTER (ARANETA vs. MALLORCA)

    Uploaded by

    Cabardo Law Office
    This document is a motion filed in a Philippine regional trial court requesting leave of the court to serve a summons through publication. The motion states that the respondent, a rural bank, could not be served summons at its registered address because the bank is no longer operating and its location cannot be ascertained. The motion asks the court for permission to publish the summons in a newspaper of general circulation for a period of time ordered by the court, as the respondent's whereabouts are unknown. Attached to the motion is an affidavit supporting the grounds for requesting service by publication.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    Sixth Judicial Region
    Branch 34
    Iloilo City

    RODOLFO C. CALUMPIANO, CAD. CASE NO. 21-


    SALVACION CALUMPIANO-TAN, 2243
    ROSITA C. CALUMPIANO, FOR:
    MA. GLORIA CALUMPIANO-CALISNAO, PETITION FOR
    MA. ROSENE CALUMPIANO-CANAYA REMOVAL OR
    and ROSIE C. CALUMPIANO, CANCELLATION OF
    Petitioners, LIEN OR
    ENCUMBRANCE IN
    REPRESENTED BY: OCT NO. F-19571

    VICTORIA C. CALUMPITA

    -Versus-

    COMMUNITY RURAL BANK OF LEON


    (ILOILO) INC., AND THE REGISTRY OF
    DEEDS FOR THE PROVINCEOF ILOILO,
    Respondents
    X----------------------------------------------X

    MOTION FOR LEAVE OF COURT TO SERVE SUMMON TO THE


    RESPONDENT THROUGH PUBLICATION

    COME NOW, Petitioners, by the undersigned counsel, to this


    Honorable Court, most respectfully state that:

    1. That as per Sheriff’s Return of Service dated June 23, 2021,


    Service of Summons and the Petition was not served to respondent, the
    Community Rural Bank of Leon, (ILOILO) Inc., because it was already
    closed and non-existing at the said place, Leon, Iloilo. The copy of the
    Sheriff’s Return of Service dated June 23, 2021 is hereto attached as Annex
    “A” and made parts hereof;

    2. That the said Sheriff’s Return of Service dated June 23, 2021 confirmed
    the allegation under paragraph 2 of the Petition that the principal office of
    the said respondent can no longer be ascertained despite diligent inquiry and
    search, more so since the Certificate of Registration of the said respondent
    was revoked way back on August 11, 2013 by the SEC as per Annex “B” of
    the said petition;

    3. That under Section 14, Rule 14 of the Rules of Court, it states that:

    “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.” (Emphasis added)

    4. That attached hereto as Annex “A” and made an integral part of this
    motion is the affidavit of the Attorney-in-Fact of the petitioners, setting forth
    the ground/s for the application for service of summon through publication
    in this case;

    WHEREFORE, in view of all the foregoing, it is respectfully prayed


    that service of summon in the above-entitled case be served to the
    respondent, the Community Rural Bank of Leon, (ILOILO) Inc., through
    publication in a newspaper of general circulation and in such places and
    for such time as the court may order pursuant to Secs. 16, Rule 14, of the
    Rules of Court.

    RESPECTFULLY SUBMITTED.
    Iloilo City, Philippines, November 29, 2021.

    JUN ERIC C. CABARDO


    Counsel for Petitioners
    Rm. 4, 2nd Flr.,Boy Scouts Bldg.
    Bonifacio Drive, Iloilo City,
    Philippines
    PTR No. 7257015/
    Iloilo City 1/5/21
    IBP No. 143832/
    Iloilo City 2/2/21
    Roll No. 47907/
    MCLE No. VI-0003738/
    November 2, 2017
    at Pasig City
    Tel No. 3206983
    cabardolawoffice@gmail.com

    NOTIFICATION

    THE BRANCH CLERK OF COURT


    REGIONAL TRIAL COURT
    6th Judicial Region
    Branch 68,
    P. D Monfort North, Dumangas, Iloilo

    SIR/MADAM:

    Please submit the foregoing Motion for hearing or consideration and


    resolution of the Honorable Court as soon as filed.

    JUN ERIC C. CABARDO

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