Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region

Branch __

Batangas

AAA,

Petitioner,

-versus- Civil Case No. 12345

For: Nullity of Marriage

BBB,

Respondent.

x-----------------x

MOTION TO INVESTIGATE COLLUSION

COMES NOW, Petitioner, through the undersigned counsel,

unto this Honorable Court, most respectfully states that:

1. On January 4, 2017, petitioner received a copy of the Sheriffs Return

dated 28 November 2016 stating that summons was served on
respondent by substituted service, as personal service proved futile
after three attempts on different occasions.
2. To date, petitioner had not received a copy of respondents answer to
the petition.

3. Under Section 8, paragraph (3) of A.M. No. 02-11-10-SC, the court

shall order the public prosecutor to investigate whether collusion
exists between the parties when there is no answer filed.

4. However, petitioner had not received any report from the public
prosecutor on whether the parties are in collusion.

5. In accordance with the above-quoted rule, we humbly request from

this Honorable Court to issue an appropriate order for the public
prosecutor to conduct investigation whether the parties are in
collusion.

WHEREFORE, petitioner respectfully prays that this Honorable

Court issue an order for the public prosecutor to investigate whether
collusion exists between the parties.

Makati City for Batangas, May 15, 2017.

XXX
Counsel for Petitioner

REQUEST FOR HEARING

The Branch Clerk of Court

Regional Trial Court Branch ___

Batangas

Greetings:

Gojar vs. Gojar

Motion to Investigate Collusion
Page 2 of 3
 Please submit the foregoing Motion to Investigate Collusion for
the consideration and approval of this Honorable Court immediately
upon receipt hereof sans oral argument.

XXX

NOTICE OF HEARING & COPY FURNISHED

BBB

Respondent

OFFICE OF THE PROVINCIAL PROSECUTOR

Batangas

THE OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St., Legaspi Village

Makati City 1229

Greetings:

Please be informed that undersigned counsel will submit the

foregoing Motion to Investigate Collusion for consideration and

Gojar vs. Gojar

Motion to Investigate Collusion
Page 3 of 3
approval of this Honorable Court immediately upon receipt hereof
sans oral argument.

XXX

EXPLANATION
Pursuant to the Provision of Rule 13, Section 11 of the 1997 Rules in
Civil Procedure as Amended, undersigned submits this Explanation
that the service of this motion to the respondent, the Office of the
Solicitor General, and the Office of the Provincial Prosecutor and the
filing of the same with this Honorable Court were made by registered
mail instead of personal service in view of the distance, lack of
material time, and manpower to effect personal service.

XXX

Gojar vs. Gojar

Motion to Investigate Collusion
Page 4 of 3