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Republic of the Philippines


Ninth Judicial Region
Municipal Trial Court
xxxx City, Branch 3

Artemio Perez, Enrique Perez,


and Mariano Perez, All Minors,
assisted by Juanita Perez, guardian
Plaintiffs,
Civil Case No. 5678
- versus -

For: Breach of Contract

Martha Ferrer,
Defendant
x ----------------------------------------------- x

COMPLAINT
COMES NOW, the plaintiff through undersigned counsel to
this Honorable Court, most respectfully states that:
1. Plaintiffs are all minors assisted by Juanita Perez, their
guardian, the latter of legal age, Filipino, widow, all residents of
Camino Nuevo, Zamboanga City, Philippines.
Defendant is a Filipino, of legal age, single, resident of
Tetuan, Zamboanga City, Philippines, also the mother of the
plaintiffs-minor children.
2. Plaintiffs and defendant are co-owners of a house and lot
located at 123 Camanchile Drive, Zamboanga City, Philippines,

donated by Rolando Perez, the father of the plaintiffs-minor


children, from whom the parties descended and traced their
claim of ownership and right of possession. A copy of the Deed of
Donation is herein attached as Annex A.
3. Sometime in January 2011, the defendant mortgaged the
said properties to secure her personal loan. The defendant, being
the mother of the co-owners, signed for and on behalf of the
minors, to consent such disposition. A copy of the Contract of
Mortgage is attached as Annex B.
4. After the execution of the mortgage contract by and
between the defendant and mortgagee-bank, defendant left for
abroad, leaving the custody of her children to herein plaintiff,
Juanita Perez.
5. Two years later, while plaintiffs are possessing and
occupying the premises, they were informed by the mortgageebank that the same are subject to foreclosure, to the detriment of
the rights and interests of the minor co-owners over the said
properties.
6. Due to defendants breach of trust in the management of
the co-owned properties, the plaintiff, on behalf of the minor
children, is constrained to secure the services of counsel and file
this complaint.
7. WHEREFORE, premises considered, plaintiff respectfully
prays that judgment be rendered ordering defendant to pay the
plaintiffs moral, compensatory and nominal damages, and
Attorneys fees.
Other just and equitable reliefs are also prayed for.

Zamboanga City, 13 August 2015

Counsel for plaintiff


La Purisima Street, Zamboanga City
Philippines

VERIFICATION AND CERTIFICATION AGAINST


FORUM SHOPPING
I, Juanita Perez, of legal age, widow, and a resident of
Camino Nuevo, Zamboanga City, Philippines, after having been
duly sworn to under oath, depose and say:
1. That I am the plaintiff in the above entitled complaint;
2. That I have caused the preparation of said complaint;
3. That I have read the allegations therein contained, and
that the same and true and correct of my personal knowledge
and/or based on authentic records;
4. That I have not theretofore commenced any action or filed
any claim involving the same issues in court, tribunal, or quasijudicial agency, and to the best of my knowledge, no such other
action or claim is pending therein; and if I should thereafter learn
that the same or similar action or claim has been filed or is
pending, I shall report that fact within five (5) days therefrom to
the Court wherein the aforesaid complaint or initiatory pleading
has been filed.

Witness my hand this 13th of August 2015 at Zamboanga


City, Philippines.

Juanita Perez
Affiant

SUBSCRIBED AND SWORN to before me, a notary public,


this thirteenth day of July 2015, at Zamboanga City, Philippines,
affiant appearing before me with her CTC No. 123456789-0 issued
on January 10, 2015, and who signed said document in my
presence and sworn as to said document that she understood the
contents thereof and that the same was his free and voluntary act
and deed.

Notary Public
Until December 31, 2015

Doc. No. 02
Page No. 01
Book No. I
Series of 2015