REPUBLIC​ ​OF​ ​THE​ ​PHILIPPINES

METROPOLITAN​ ​TRIAL​ ​COURT

NATIONAL​ ​CAPITAL​ ​JUDICIAL​ ​REGION
BRANCH​ ​105​ ​PASAY​ ​CITY

JUAN​ ​DELA​ ​CRUZ,

Plaintiff​,

-versus- ​ ​ ​CIVIL​ ​CASE​ ​NO.​ ​3224

​ ​ ​FOR:​ ​Collection​ ​of​ ​Sum​ ​of​ ​Money

JANE​ ​DOE​,
Defendant​.
x-------------------------------x

MOTION​ ​FOR​ ​THE​ ​ISSUANCE

OF​ ​ALIAS​ ​SUMMONS
Plaintiff thru counsel, unto this Honorable Court, most respectfully
avers​ t​ hat:

1. On 16 November 2017, this Honorable Court made an Order

requiring herein plaintiff to submit a viable address of the defendant as the
summons​ ​to​ ​the​ ​latter​ ​was​ ​unserved​ ​based​ ​on​ ​the​ ​Server’s​ ​Return.

2. At this point, plaintiff would like to point-out to this Honorable

Court that the address of the defendant contained in the plaintiff’s
Statement of Claim is the correct and exact of address of the defendant. It is
evidenced of the fact that the demand letter sent by the plaintiff to the
defendant​ ​was​ ​received​ ​on​ ​such​ ​address.

3. Likewise, plaintiff was not furnished a copy of the Server’s

Return as provided for in Section 5 Rule 14 of the Rules of Court which
explicitly provides that the plaintiff shall be served a copy of the return
stating​ ​the​ ​reason​ ​for​ ​the​ ​failure​ ​of​ ​the​ ​service,​ ​thus:

“SEC. 5. Issuance of alias summons.- If a summons is returned

without being served on any or all of the defendants, ​the server
shall also serve a copy of the return on the plaintiff’s
counsel, stating the reasons for the failure of service,
within five (5) days therefrom​. In such a case, or if the
summons has been lost, the clerk, on demand of the plaintiff,
may​ ​issue​ ​an​ ​alias​ ​summons.”

4. By non-receipt by the plaintiff of the Server’s Return, plaintiff

have no clue why summon was not served on the defendant or that diligent
efforts was exerted to locate the address of the defendant. Hence, at this
point,​ ​plaintiff​ ​highly​ ​contends​ ​that​ ​the​ ​Server’s​ ​Return​ ​is​ ​defective.

5. All being said, plaintiff taking into consideration that the

summon to the defendant was returned unserved and likewise, as provided
for in the above-cited Section 5 Rule 14 of the Rules of Court, most
respectfully​ ​pray​ ​that​ ​an​ ​Alias​ ​Summon​ ​be​ ​issued.

PRAYER
 WHEREFORE, ​premises considered, plaintiff most respectfully pray
unto​ ​this​ ​Honorable​ ​Court​ ​that​ ​an​ ​Alias​ ​Summon​ ​be​ ​issued​ ​to​ ​the​ ​defendant.

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

City​ ​of​ ​Pasay.​ ​24​ ​August​ ​2017.

ATTY.​ ​ABCD
Counsel
1234​ ​Taft​ ​Avenue,​ ​Pasay​ ​City
IBP​ ​No.​ ​123456
PTR​ ​No.​ ​7654321
Roll​ ​No.​ ​56789
MCLE​ ​No.​ ​VI-11111

COPY​ ​FURNISHED:

JANE​ ​DOE
Defendant
No.​ ​199​ ​FB​ ​Harrison​ ​Street,
Pasay​ ​City

OFFICE​ ​OF​ ​THE​ ​CLERK​ ​OF​ ​COURT

Municipal​ ​Trial​ ​Court
Pasay​ ​City.

EXPLANATION

Service of the foregoing was done thru registered mail to the

defendant​ ​and​ ​personal​ ​service​ ​to​ ​the​ ​Office​ ​of​ ​the​ ​Clerk​ ​of​ ​Court.

ATTY.​ ​ABCD