REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

11th Judicial Region
Davao City
Branch 6

MARTHA A. SISON- MERCADO

Plaintiff,
Civil Case No.:_____
- versus - FOR: RECOVERY OF POSSESSION
WITH DAMAGES

ANTONIO EMIL A. MERCADO

Defendant.
X-------------------------------------------X

MOTION FOR LEAVE OF COURT FOR THE

EXTRATERRITORIAL SERVICE OF SUMMONS

PLAINTIFF, through the undersigned counsel and unto this

Honorable Court, most respectfully avers:
1. That defendant is a resident of California, United States
of America with no address in the Philippines while the property
subject of the action is located in the Philippines;

2. That, based on the foregoing, extraterritorial service of

summons is proper and available under Section 15, Rule 14 of the
Rules of Court.

WHEREFORE, Plaintiff respectfully prays that he be granted

leave of court for the extraterritorial service of summons on the
defendant, through personal service or by any other means that the
court may deem sufficient.

Such other relief and remedies as may be deemed just and

equitable under the premises are likewise prayed for.
Davao City, March 11, 2020.

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 By:

ATTY. STEPHANIE M. SANTOALLA

Counsel for Petitioner
IBP NO. 071717, 12/12/19, Davao City
PTR NO. 071717, 12/12/19, Davao City
ROLL ATTORNEY NO. 11077
MCLE Comp. No. IV-0004785, 3/2/19
Doors 5 & 6, Tropicana Building,
J.P. Laurel Avenue, Lanang, Davao City

REQUEST FOR AND NOTICE OF HEARING

Greetings: Please take notice that the foregoing Motion will be

submitted for the Court’s consideration and resolution on March 27,
2020 at 8:30 a.m. or as soon thereafter as matter and counsel may
be heard.

COPY FURNISHED:

THE BRANCH CLERK OF COURT

Regional Trial Court- 11th Judicial Region
Davao City, Branch 6

MARTHA A. CRUZ
Counsel for Plaintiff
Door 7, ABC Building, Lanang,
Davao City, Davao del Sur

ATTY. STEPHANIE M. SANTOALLA

Counsel for Petitioner
IBP NO. 071717, 12/12/19, Davao City
PTR NO. 071717, 12/12/19, Davao City
ROLL ATTORNEY NO. 11077
MCLE Comp. No. IV-0004785, 3/2/19
Doors 5 & 6, Tropicana Building,
J.P. Laurel Avenue, Lanang, Davao City

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Copy furnished through personal service:

MARTHA A. CRUZ
Counsel for Plaintiff
Door 7, ABC Building, Lanang,
Davao City, Davao del Sur

3
REPUBLIC OF THE PHILIPPINES )
Davao City )S.S.
X----------------------------------------------------X

AFFIDAVIT

I, MARTHA A. SISON- MERCADO, of legal age, married and

a resident of Naga City, after duly being sworn to in accordance with
law hereby state that:

1. I am the messenger of ATTY. STEPHANIE M. SANTOALLA,

counsel for defendant, with office address at Doors 5 & 6, Tropicana
Building, J.P. Laurel Avenue, Lanang, Davao City, counsel on record
in the case entitled Recovery of Possession with Damages, Civil Case
No. 1234, and as such messenger, I served upon the counsel of
adverse party the petition in said case as follows:

Martha A. Cruz, Counsel for Plaintiff, by personal service by

delivering personally copy of said motion upon said lawyer, who
acknowledged receipt thereof as shown by her signature on said
pleading, this March 12, 2020.

To the truth of the foregoing,I have signed this Affidavit on July

12, 2020 in Davao City, Philippines.

MARTHA A. SISON- MERCADO

Affiant

SUBSCRIBED AND SWORN to before me, a notary public in and

for Davao City, this 12th day of March 2020 at Davao City, Philippines.

Notary Public

Doc. No. ____;

Page No. _____;
Book No. _____;
Series of 2020.