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REPUBLIC OF THE PHILIPPINES

REGIONAL TRAIL COURT


7
TH
JUDICIAL REGION
Branch 1, Cebu City


ANNA FERRER

Plaintiff


- versus -


FOR: ANNULMENT OF CONTRACT OF
REAL ESTATE MORTGAGE WITH PRAYER
FOR TEMPORARY RESTRAINING ORDER
AND A WRIT OF PRELIMINARY
INJUNCTION

BEN FERRER AND BANCO DE ORO
ESCARIO BRANCH

Defendant.

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



COMPLAINT

Plaintiffs, through counsels, and unto this Honorable Court most
respectfully aver:

THE PARTIES
1. Plaintiff is of legal age, married to defendant, and a resident of
181-P Elizabeth Pond Ext. St., Cebu City, Philippines. Plaintiff may be served
with notices, orders and other processes of the Honorable Court through
the office of the undersigned counsel.
2. Defendant, on the other hand, is the plaintiffs husband, and a
resident of 32-B Pelaez St., Cebu City, Philippines whereat he may be served
with summons, notices, orders and other processes of the Honorable Court.
3. Defendant Banco de Oro, is a duly incorporated under the the
mortgagee of the real estate mortgage, and is located at 231 Escario St.,
Cebu City.
4. Plaintiff and defendant Ben Ferrer acquired a 460 sq. m parcel
of landusing their joint funds worth P 110, 000 situated at 47-C Pelaez St.,
Cebu City, covered by Transfer Certificate of Title No. T-9132 of the Register
of Deeds of the City of Cebu and more particularly described in the
certificate of title as follows:
A PARCEL OF LAND (Lot 32 of the consolidation-subdivision
plan (LRC) Pcs-5141, being a portion of the consolidation of Lots 1
and 2, Psu- 112287 Amd., LRC (GLRO) Rec. No. N-17511), situated in
Escario St., Cebu City, Philippines. Bounded on the NE., points 3 to 6,
by Lot 85; on the S., points 6 to 1 by Lot 30; on the SW., points 1 to 2,
by Lot 31; and on the N., points 2 to 3 by Lot 35, all of the
consolidation-subdivision plan. Beginning at a point marked "1"
on plan, being N. 51 deg. 36' E., 1321.76 m. from B.L.L.M. No.1, Cebu
City, Cebu xxxxxxxx.
5. Defendant Ben Ferrer entered into a contract of loan with
Banco de Oro, Escario Branch, without securing the consent of his wife
Plaintiff Anna Ferrer.
6. Defendant failed to pay the loan despite repeated demands of
Defendant bank.
7. Defendant Banco de Oro then moved to foreclosed the land.
8. Defendant also executed a Real Estate Mortgage and attached
the aforesaid parcel of land as the collateral in the contract of loan.
9. Plaintiff and Defendant are governed by the system of Absolute
Community of Property in the absence of their marriage settlement, thus all
the properties which are owned by the spouses at the time of the
celebration of their marriage or acquired thereafter shall be owned in
common by them (Article 91, Family Code of the Philippines). Because of
this co-ownership, both the consent of the spouses shall be obtained in the
sale and other transactions involving their co-owned properties.
8. Plaintiff is filing this complaint to annul the Contact of Real
Mortgage entered by Defendant husband without securing her consent.
9. The foreclosure of the land subject in litigation would work
injustice to the plaintiff. These acts/deeds give rise to the extreme urgency
that the Plaintiff will suffer grave injustice and irreparable injury. Thus, in
order that further injury will not be committed, Plaintiffs pray for a
Temporary Restraining Order and Preliminary Injunction. Plaintiffs are
willing to execute a bond as may be ordered by the Honorable Court for the
issuance of the herein TRO and Preliminary Injunction against Defendant.

PRAYER
WHEREFORE PREMISES CONSIDERED, it is respectfully prayed of
this Honorable Court that:
1. Upon the filing of this COMPLAINT, a Temporary Restraining
Order effective for 72 hours from its issuance be immediately issued ex
parte and out of extreme urgency, against Defendant Banco de Oro directing
it to desist from foreclosing the land subject of litigation;
2. Within 72 hours and upon the conduct of a summary hearing, a
Temporary Restraining Order be issued directing for the aforementioned
Temporary restraining Order;
Other reliefs just and equitable under the premises are likewise
prayed for.
Cebu City, Philippines. ________________.
BY:

_______________
Roll No. ______________________
IBP No. ______, Cebu City, 1/04/08
PTR No. _____, Cebu City, 1/04/08