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Republic of the Philippines )

City of Cabuyao ) Sc.


Province of Laguna )

AFFIDAVIT
I, EDISA LLONA ARMARIO, of legal age, 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 Plaintiff in Civil Case No. 2769 for Sum of Money and Damages entitled Edisa
Llona Armario versus Marilyn Espiritu Santo pending before the Municipal Trial Court in
Cities of Cabuyao, Laguna;

2. When the Defendant obtained a loan from me, she indicated that her address is at
Phase 2 Block 19 Lot 31 San Isidro Heights Subdivision, Barangay San Isidro, Cabuyao
City, Laguna;

3. When I instituted the above-entitled case against the Defendant, the address of the
latter known to me was only at Phase 2 Block 19 Lot 31 San Isidro Heights Subdivision,
Barangay San Isidro, Cabuyao City, Laguna but when the summons was served, I
learned that the Defendant no longer resides in the said address;

4. Plaintiff exerted effort to locate the Defendant and the latter is said to be residing in her
new address at Barangay Looc, Calamba City, Laguna but the return of the process
server indicated 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;

5. I exerted more effort and utmost diligence to ascertain the whereabouts of the
Defendant in her new address and residence. I even went to the given address
personally but just the same, only her mother in law was there and I learned from her
that the Defendant is permanently residing abroad because of her work there and the
latter has not returned since she left the country;

6. Despite these efforts exerted, I was unable to locate the whereabouts of the Defendant
which would allow for the proper service of Summons other than by means of
publication in a newspaper of general circulation;

7. I am executing this affidavit to attest to the truth of the foregoing and in support of my
Motion for Leave of Court to Serve Summons by Publication.

EDISA LLONA ARMARIO


Affiant

SUBSCRIBED AND SWORN to before me this ________________ at City of


Cabuyao, Laguna with affiant exhibiting her _____________________ as competent
evidence of her identity.

Doc. No ._______
Page No._______
Book No._______
Series of 2016.
REPUBLIC OF THE PHILIPPINES
FOURTH JUDICIAL REGION
MUNICIPAL TRIAL COURT IN CITIES
CITY OF CABUYAO, LAGUNA

EDISA LLONA ARMARIO,


Plaintiff,

Civil Case No. 2769


-versus- For: Sum of Money and Damages

MARILYN ESPIRITU SANTO,


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

MANIFESTATION WITH MOTION


TO ADMIT SUPPLEMENTAL AFFIDAVIT

Plaintiff, through undersigned counsel, unto the Honorable Court,


most respectfully states that:

1. On February 23, 2016, counsel for the plaintiff received a copy of the Order
of the Court dated January 22, 2016 denying the plaintiffs Motion for
Leave of Court to Serve Summons by Publication with the court
ratiocinating that the affidavit of merit submitted by the plaintiff is
unsatisfactory;

2. In conjunction and compliance to the said Order of the Honorable Court


dated January 22, 2016, plaintiff respectfully submits the attached Affidavit
dated February 29, 2016 marked as Annex A in support to her Motion
for Leave of Court to Serve Summons by Publication.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of


the Honorable Court to admit the plaintiffs Affidavit of merit dated February
29, 2016 with the end in view of recalling and/or setting aside its Order
dated January 22, 2016 and for the Court to finally issue an Order granting
plaintiffs Motion for Leave of Court to Serve Summons by Publication.

Other forms of relief just and equitable in the premises are


respectfully prayed for.

February 29, 2016, City of Cabuyao, Laguna.

ATTY. MICHAEL L. ASUTEN


PTR No. 0411098 issued on 01/04/2016
At City of Cabuyao, Laguna
IBP No. 1014568 issued on 01-04-2016
Roll No. 62627
Kampanang Ginto Bldg., F. Bailon St., Rosario Village,
Brgy. Sala, City of Cabuyao, Laguna
MCLE Compliance: not required (new lawyer)

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