REPUBLIC OF THE PHILIPPINESMETROPOLITAN TRIAL COURTNATIONAL CAPITAL JUDICIAL REGIONBRANCH 71 PASIG CITY

HC CONSUMERS FINANCE PHILIPPINES, INC. Plaintiff,

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

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

MOTION FOR THE ISSUANCEOF 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 GUZMANPlaintiffHC Consumers Finance Philippines, Inc.35th Floor Union Bank PlazaMeralco Avenue corner Onyx RoadOrtigas Center Pasig City

COPY FURNISHED:

CLARITA LALIN NOLASCODefendantNo. 199 MRR Street, ManggahanPasig City

OFFICE OF THE CLERK OF COURTMunicipal Trial CourtPasig 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