REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH 8
BAGUIO CITY

PAY UP,
Plaintiff,

-versus- Civil Case No. 637-8271-927

For: Complaint for Foreclosure of
Real Estate Mortgage

NOMER NY,
Defendant.
x - - - - - - - - - - - - - - - - - - - - -x

PETITION FOR FORECLOSURE OF REAL ESTATE MORTGAGE

COMES NOW the plaintiff by the undersigned counsel and unto this
Honorable Court, respectfully states:

1. That both the plaintiff and the defendant are of legal age and
residents of #10 Aurora Hill, Baguio City and #222 Trancoville, Baguio
City, respectively;

2. That on August 18, 2016, the defendant, in order to secure the

payment of the sum of SIX HUNDRED THOUSAND PESOS (600,000.00),
acknowledged to have been received by him on said date, executed in favor
of the plaintiff a first mortgage on certain real property located in Baguio
City, and duly registered with the Register of Deeds of Baguio City;

3. That the condition of said mortgage, as stated therein, is such, that

if within the period of one (1) year from and after the execution of same, the
defendant shall pay or cause to be paid to the plaintiff, his heirs, or assigns,
the said sum of Php 600,000.00, together with the stipulated interest of 12 %
per annum, then the said mortgage shall be discharged, otherwise, it shall
remain in full force and effect, to be enforceable in the manner prescribed by
law;

4. That the defendant has not paid or caused to be paid the mortgage
debt of Php 600,000.00 or any part thereof, in spite of the lapse of the
stipulated period;

5. That the plaintiff has demanded of the defendant to pay the above
sum of Php 600,000.00, plus the stipulated interest, but said defendant has
failed, up to the present, to pay the same;
 6. That the defendant has also agreed in the mortgage contract that
should the plaintiff foreclose the mortgage, the latter is entitled to receive the
further sum of 5% of the total amount due as attorney's fees, expenses and
costs;

7. That there are no other persons having or claiming an interest in the

mortgaged property.

WHEREFORE, it is most respectfully prayed:

(a) That, upon due hearing, judgment he rendered:

(1) ordering the defendant to pay unto the court within the
reglementary period of ninety (90) days the sum of
Php500,000.00, together with the stipulated interest at 12 per
annum plus the additional sum of 5% of the total amount due as
attorney's fees, expenses and costs;
(2) and that in default of such payment, the above-
mentioned property be ordered sold to pay off the mortgage
debt and its accumulated interest, plus 5% of the total amount
due as attorney's fees, expenses and costs.
(b) That plaintiff be granted such other relief in law and equity.

Plaintiffs further pray for such other relief and remedies deemed just and
proper in the premises.

City of Baguio, this 1st day of March 2017.

ATTY. CARLA JOYCE B. REYES

No. 19, Puso ng Baguio Bldng., Session Rd., Baguio City
PTR No. 7891000 ; 01/03/2017
Lifetime Membership No. 123456; 06/17/16
Roll No. 89775
PTR No. 78910 ; 01/03/2017 ; Baguio City
MCLE Compliance Cert. No. V0003680

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

I, PAY UP, of legal age and with residence at #10 Aurora Hill, Baguio City,
after having been duly sworn, depose and say:

1. That I am the plaintiff in the above entitled complaint.

2. That I have caused the preparation by my counsel of said

complaint.
 3. That I have read the allegations therein contained, and that the
same are true and correct of my personal knowledge or based on
authentic records.

4. That I have not theretofore commenced any action or filed any

claim involving the same issues in any court, tribunal or quasi-
judicial 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
to the court wherein the aforesaid complaint or initiatory pleading
has been filed.

Witness my hand this 1st day of March 2017 at the City of Baguio,
Philippines.

PAY UP
Affiant

SUBSCRIBED and SWORN to before me, this 28th day of February

2017 at Baguio City, Philippines by PAY UP with his valid Driver’s License
No. L009-627-003 issued on 31 January 2016, at Baguio City, Philippines as
proof of his identification.

ATTY. CARLA JOYCE B. REYES

Notary Public
Doc. No. 081; Until December 31, 2017
Page No. ___; PTR No. 7891000 ; 01/03/2017
Book No. I; Commission Serial No. 0101995
Lifetime Membership No. 123456; 06/17/16
Series of: 2017; Roll No. 89775
PTR No. 78910 ; 01/03/2017 ; Baguio City
MCLE Compliance Cert. No. V0003680
PLACE OF COMMISSION BAGUIO CITY

Copy Furnished (by personal service):

ATTY. GENE WIN

Counsel for Defendant