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Republic of the Philippines )

Province of Laguna
) Sc.
City of Cabuyao
)

AFFIDAVIT OF MERIT
I, EDISA LLONA ARMARIO, Filipino, of legal age, single with
residence and post-office address at Block 6, Lot 1, Phase 2,
Lakesidenest Subdivision, Barangay Banay-Banay, Cabuyao City,
Laguna, after having been duly sworn to in accordance with law, hereby
depose and state that:
1. I am the Petitioner in the case for Sum of Money and Damages entitled
EDISA L. ARMARIO v. MARILYN ESPIRITU SANTO docketed as Civil
Case No. 2769 pending before the Municipal Trial Court in Cities,
Cabuyao City, Laguna;
2. I have caused the preparation of the Motion for Leave of Court to Serve
Summons by Publication dated August 20, 2015 to which this affidavit is
incorporated and made as an integral part thereof;
3. I have read the allegations contained therein and that the same are true
and correct of my personal knowledge or based on authentic records;
4. My counsel received on August 10, 2015 the Order dated August 3,
2015 from the Honorable Court informing me that the summons was
unserved upon the defendant because she had already been abroad
since October 2012, as per information given by her mother-in-law,
Francisca Espiritu Santo. The same Order required me to file the
necessary manifestation or motion within ten (10) days from receipt of
the said Order;
5. Acting upon the said Order, I, through counsel, filed a Motion for Leave
of Court to Serve Summons by Publication due to the fact that the
defendant Marilyn Espiritu Santo is not found in the Philippines and is
already abroad per Sheriffs Return dated July 24, 2015;
6. I do not find any other practicable mode of service, whether personal
service or substituted service, except to serve summons to the
Defendant through publication pursuant to Section 15, Rule 14 of the
1997 Rules of Civil Procedure;
7. Considering that the instant case is an action in personam or an action
against the Defendant on the basis of her personal liability for sum of
money and damages, I am truly convinced that service of summons to
her may be effected by publication;

8. I voluntarily executed this Affidavit of Merit to attest to the truth of the


foregoing facts to support the grounds in my Motion for Leave of Court
to Serve Summons by Publication as it really shows that the same is
meritorious and to cause the issuance of an Order from the Honorable
Court allowing me as the Petitioner to serve summons to the Defendant
through publication in a newspaper of general circulation in such places
and for such time as the court may order, or in any other manner the
court may deem sufficient.
IN WITNESS WHEREOF, I have hereunto set my hand this 23 rd day
of October 2015 at Cabuyao City, Laguna.

EDISA L. ARMARIO
Affiant
SUBSCRIBED AND SWORN to before me this 23 rd day of October
2013 at Cabuyao City, Laguna with affiant exhibiting her ___________
as competent evidence of her identity.
Doc. No. ______
Page No.______
Book No.______
Series of 2015.

Copy furnished:
MARILYN ESPIRITU SANTO
Barangay Looc, Calamba City, Laguna (her last known address)

REPUBLIC OF THE PHILIPPINES


FOURTH JUDICIAL REGION
MUNICIPAL TRIAL COURT IN CITIES
CITY OF CABUYAO, LAGUNA
EDISA LLONA ARMARIO,
Plaintiff,
-versus-

Civil Case No. 2769


For: Sum of Money and
Damages

MARILYN ESPIRITU SANTO,


Defendant.
x-----------------------------------------x

COMPLIANCE/MANIFESTATION
Plaintiff, through undersigned counsel, unto the Honorable Court,
most respectfully states that:
1. On October 13, 2015, counsel for the plaintiff received the Order dated
September 30, 2015 from the Honorable Court directing the plaintiff to
comply with Section 17, Rule 14 of the Rules of Court within ten (10)
days from receipt thereof;
2. In compliance with the said Order, submitted for consideration and
evaluation of the Honorable Court is the attached Affidavit of Merit
executed by the plaintiff in support of the Motion for Leave of Court to
Serve Summons by Publication;
Respectfully submitted.

Cabuyao City for Bian City, Laguna, October 23, 2015

ATTY. MICHAEL L. ASUTEN


Counsel for the Plaintiff
Roll No. 62627
PTR No. 0223524/564-1-05
Issued on 01/07/2015 at City of Cabuyao, Laguna
IBP No. 971455 until 12-31-2015
MCLE Compliance: not required (new lawyer)
2nd Flr., Kampanang Ginto Bldg., F. Bailon St.,
Rosario Village, Brgy. Sala, Cabuyao City, Laguna

Copy furnished:
MARILYN ESPIRITU SANTO
Barangay Looc, Calamba City, Laguna (her last known address)

EXPLANATION
Copy of this Manifestation was served upon the adverse party due
to distance, lack of material time and liaison staff to effect personal
service.

ATTY. MICHAEL L. ASUTEN


.

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