Republic of the Philippines

Third Judicial Region

REGIONAL TRIAL COURT
Branch 96
Dinalupihan, Bataan

MARILYN D. GUIAMAD
Petitioner,
Special Proceedings Case No. DH-408-17
For: CUSTODY OF MINOR UNDER
- versus -
SECTION 6, RULE 99 OF THE RULES
OF COURT IN RELATION TO A.M.
NO. 03-04-04-SC
BASIR D. GUIAMAD,
Respondent.
x--------------------------------x

MOTION FOR LEAVE OF COURT TO SERVE

SUMMONS BY PUBLICATION
COMES NOW PETITIONER, through the undersigned counsel and
unto this Honorable Court, most respectfully avers that:

1. On June 28, 2017, the undersigned counsel received an Order

dated June 13, 2017 issued by this Honorable Court copy of
which is herein attached as ANNEX A for reference;

2. In the said Order, the Court noted its receipt of the Process
Servers Return of Summons and directed the Petitioner to
exert all efforts to inform the Court of Respondents present
address within five (5) days from receipt or in this case, until
July 03, 2017. Thus, this Motion is filed on time;

3. Despite exerting diligent efforts to locate Respondent even

before the filing of this Petition, Petitioner cannot locate the
same whose last known address was at #299 Casa Bonita,
Barangay Pinulot, Dinalupihan, Bataan. The only latest
information which is still unverified as of this time is that
Respondent is at Maguindanao Province;

4. In view thereof, considering the address and whereabouts of

Respondent is unknown, Petitioner most respectfully moves
with leave of court, to serve Summons by publication under
Section 14, Rule 14 of the Rules of Court;

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 PRAYER

WHEREFORE, FOREGOING PREMISES CONSIDERED, it is most

respectfully prayed unto this Honorable Court that the summons be served
based on the above reasons as provided.

Other just and equitable reliefs are likewise prayed for under the
premises.

Mandaluyong City, Philippines this 03 day of July 2017

Respectfully submitted.

ATTY. JAIRUS B. RUBIO

Counsel for the Petitioner
Roll No. 64701
PTR No. 2182274;1/21/17; QC
IBP No. 1067008;1/20/17; QC
MCLE No. V-0022377
Email: jairusbaldemorrubio@gmail.com
Tel No. 9584884/09174348111
1406 Emar Suites, 409 Shaw Blvd.,
Brgy. Addition Hills, Mandaluyong City

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 NOTICE AND COPY FURNISHED WITH EXPLANATION

THE BRANCH CLERK OF COURT

RTC Dinalupihan
Branch 96

OFFICE OF THE SOLICITOR GENERAL

#134 Amorsolo St., Legaspi Village,
Makati City
Registry Receipt No. _______________
Dated: ___________________________

PROVINCIAL PROSECUTOR
Balanga City, Bataan
Registry Receipt No. _______________
Dated: ___________________________

Greetings!

Please be notified that the undersigned will submit the foregoing

Motion for consideration and approval of the Court on July 21 at 8:30 in the
morning or as soon as the matter may be heard.

Further, a copy of this MOTION FOR LEAVE OF COURT TO

SERVE SUMMONS BY PUBLICATION was served to the other parties
by means of registered mail with return receipt due to distance and lack of
personnel to effect personal service thereof.

ATTY. JAIRUS B. RUBIO

Counsel for the Petitioner