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REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
BRANCH 71 PASIG CITY


HC CONSUMERS FINANCE
PHILIPPINES, INC.
Plaintiff,


-versus- CIVIL CASE NO. 3224
FOR: Collection of Sum of
Money


CLARITA LALIN NOLASCO,
Defendant.
x-------------------------------------------------------x

MOTION FOR THE ISSUANCE
OF ALIAS SUMMONS

Plaintiff thru the undersigned representative, unto this Honorable Court, most
respectfully avers that:

1. On 17 July 2014, 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 Servers Return.

2. At this point, plaintiff would like to point-out to this Honorable Court that
the address of the defendant contained in the plaintiffs 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 Servers 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 plaintiffs 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 Servers 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 Servers 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.

Ortigas, Pasig City for the City of Pasig, Philippines. 12 August 2014.




LESLIE R. DE GUZMAN
Plaintiff
HC Consumers Finance Philippines, Inc.
35
th
Floor Union Bank Plaza
Meralco Avenue corner Onyx Road
Ortigas Center Pasig City

COPY FURNISHED:

CLARITA LALIN NOLASCO
Defendant
No. 199 MRR Street, Manggahan
Pasig City

OFFICE OF THE CLERK OF COURT
Municipal Trial Court
Pasig 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.


LESLIE R. DE GUZMAN