REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
MANDALUYONG CITY
BRANCH 97

RADIOWEALTH FINANCE
COMPANY INC.,
Plaintiff, Civil Case No. 23327

For: Sum of Money plus

-versus-
Damages w/ Prayer for Writ
of Replevin
CRISYEN C. BOLADO,
CONSUELO D. ARANILLA &
JOHN DOE,
Defendants.
x-------------------------x

MOTION FOR RECONSIDERATION

(Of the Order dated March 1, 2017)

Plaintiff, by counsel, respectfully states that:

On the scheduled hearing on March 1, 2017, this Honorable

Court denied the Plaintiffs Motion to Declare Defendants in Default
on the ground that Summons was still UNSERVED;

Plaintiff was also directed to locate the Defendants new

address within 30 days for the Court to issue an order for service of
alias summons otherwise, the case shall be temporarily archived until
the whereabouts of the Defendants have been confirmed;

With all due respect, the Sheriffs return expressly stated that
the copy of the summons was received by Defendant Crisyen
Bolados sister Mylin Bonquin;

The Rules of Court provides, thus:

 SECTION 6. Service in person on defendant. Whenever
practicable, the summons shall be served by handing a
copy thereof to the defendant in person, or, if he refuses
to receive it, by tendering it to him.

SECTION 7. Substituted service. - If, for justifiable

causes, the defendant cannot be served within a
reasonable time as provided in the preceding section,
service may be affected a) by leaving copies of the
summons at the defendants residence with some
person of suitable age and discretion then residing
therein, or b) by leaving the copies at defendants office or
regular place of business with some competent person in
charge thereof. (Emphasis supplied)

In Manotoc v. Court of Appeals,1 the Supreme Court succinctly

discussed a valid resort to substituted service of summons:

The party relying on substituted service or the

sheriff must show that defendant cannot be served
promptly or there is impossibility of prompt service.
Section 8, Rule 14 provides that the plaintiff or the sheriff
is given a "reasonable time" to serve the summons to the
defendant in person, but no specific time frame is
mentioned. "Reasonable time" is defined as "so much time
as is necessary under the circumstances for a reasonably
prudent and diligent man to do, conveniently, what the
contract or duty requires that should be done, having a
regard for the rights and possibility of loss, if any, to the
other party." Under the Rules, the service of summons has
no set period.

Considering the foregoing, it is apparent that the sheriff validly

resorted to substituted service of summons in accordance with the
Rules and jurisprudence. Due process is satisfied and therefore, it
will prejudice the Plaintiff to be tasked to try to find the Defendants

1 G.R. No. 130974, August, 16, 2006

Page 2 of 4
new address when such allegation came from one of the Defendants
sister who the Plaintiff can only reasonably assume to be merely
protective of the interest of her kin.

PRAYER

WHEREFORE, in view of the foregoing, Plaintiff most

deferentially prays that the Order denying the Motion to Declare
Defendants in Default be reconsidered and a new one be issued in
favor of the Plaintiff.

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

Mandaluyong City, _________________.

Respectfully submitted.

ATTY. EDRYNE JETH F. JUNTILLA

Legal Department
Radiowealth Finance Company, Inc.
7th Floor DMG Center, DM Guevara St.,
Brgy. Highway Hills, Mandaluyong City
IBP No. 1055126/01-3-2017/Batangas
PTR No. 2553050 /Mandaluyong City/01-09-2017
MCLE Compliance No. N/A
Roll No. 65661

Copy furnished:
Crisyen C. Bolado & Consuelo D. Aranilla
Brgy. Mayuro, Rosario, Batangas

NOTICE OF HEARING

The Branch Clerk of Court

Page 3 of 4
MTC Mandaluyong City
Branch 97

Crisyen C. Bolado & Consuelo D. Aranilla

Brgy. Mayuro, Rosario, Batangas

Greetings:

Kindly set this Motion for hearing on March 22, 2017 at 1:30 in the afternoon for
the consideration of this Honorable Court.

ATTY. EDRYNE JETH F. JUNTILLA

Note: Registered mail was opted instead of personal service due to limited
manpower.

ATTY. EDRYNE JETH F. JUNTILLA

Page 4 of 4