REPUBLIC OF THE PHILIPPINES

OFFICE OF THE EX-OFICIO SHERIFF

FOURTH JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 87
ROSARIO, BATANGAS

PETITION FOR
EXTRAJUDICIAL FORECLOSURE OF
REAL ESTATE MORTGAGE

To: The Executive Judge ________________

Regional Trial Court
Branch 87, Rosario, Batangas

Thru: The Ex-Oficio Sheriff

RTC-87, Rosario, Batangas

We hereby respectfully deliver to you the annexed copy of the Real Estate Mortgage
(Annex “A”) executed on September 10, 2014, by MANUELA A. ZUNO, of legal age, Filipino
and with address at #1755 Perlas Compound, Brgy. Kumintang Ibaba, Batangas City,
hereinafter referred to as the MORTGAGOR, in favor of SOROSORO IBABA DEVELOPMENT
COOPERATIVE (SIDC) a cooperative duly organized and existing under the laws of the
Philippines, with legal capacity to sue and be sued, herein represented by its General Manager,
RICO B. GERON, Filipino citizen, of legal age, married and with office address at SIDC,
Sorosoro Ibaba, Batangas City, hereinafter referred to as the MORTGAGEE, upon certain real
property together with all improvements existing thereon and for your information, we state the
following facts:

1. By virtue of the aforementioned Real Estate Mortgage, the MORTGAGOR

acknowledged to be indebted to the MORTGAGEE in total principal amount of FIVE
HUNDRED FIFTY THOUSAND (Php550,000.00), Philippine currency, payable according to the
schedule set forth in the corresponding Loan Note, hereto attached as Annex “B” and made an
integral part hereof, as follows:

Date of Note ---------------- September 10, 2014

Date of Maturity ------------ September 10, 2019

2. The Loan Note provided that upon default of payment of any installment which
amounts to THIRTEEN THOUSAND EIGHTY FOUR AND 46/100 PESOS (Php13,084.46) per
month after the execution of the Loan Note when due, the entire balance of this note shall
become immediately due and payable at the option of the holder.

3. To secure the payment of the said principal obligation and other obligations
arising thereunder, MORTGAGOR, through the said Real Estate Mortgage mortgaged in favor
of the MORTGAGEE that certain two real properties, first, containing an area of 640 square
meters together with all improvements existing thereon, presently located in San Carlos,
Rosario, Batangas, registered under Transfer Certificate of Title No. T-119481 and covered by
Tax Declaration No. 19-0040-00883 attached hereto and made integral parts hereof as
Annexes “C” and “D”, and second, containing an area of 3,146 square meters together with
all improvements existing thereon, presently located in Mabilog na Bundok, Lobo, Batangas,
registered under Transfer Certificate of Title No. P-34855 and covered by Tax Declaration No.
013-01239 attached hereto and made integral parts hereof as Annexes “E” and “F”.

4. On the date said obligation fell due as mentioned in the aforesaid Loan Note,
MORTGAGOR failed to pay the obligation to the MORTGAGEE. Despite numerous demands
made upon the MORTGAGOR, the latter still failed and refused to pay the MORTGAGEE.
Subsequently, a demand letter dated July 5, 2016, was sent to the MORTGAGOR thru
registered mail. A copy of the demand letter dated July 5, 2016 together with the return card are
attached herewith as Annex “G” and “G-1”.

5. As of September 26, 2019, the total unpaid obligations of the MORTGAGOR is in

the sum of EIGHT HUNDRED NINETY ONE THOUSAND TWO HUNDRED NINETY NINE
AND 1/100 PESOS (Php891,299.01), as shown in the Statement of Account attached hereto
and made an integral part hereof as Annex “H”.

6. Under paragraph #3 of the terms and conditions of the aforesaid Real Estate
Mortgage, the MORTGAGOR agree that in case of foreclosure, the MORTGAGEE may
proceed extrajudicially, availing itself of the special power of attorney inserted therein with
express power to sell for the satisfaction of all outstanding obligations in the mortgage.

7. The terms and conditions of the said MORTGAGE have been broken,
MORTGAGOR having failed to pay the obligation when it fell due as stated in the aforesaid
Loan Note.

8. The MORTGAGOR, due to their refusal to pay their obligation are likewise liable
for attorney’s fees equivalent to TWENTY PERCENT (20%) of the total obligation that is due
and unpaid.

9. Herein MORTGAGEE is not aware of any person having or claiming any right or
interest in the mortgaged property subordinate to that of said MORTGAGEE.

PRAYER
WHEREFORE, premises considered, it is most respectfully requested that you take
immediate possession of the property in the Real Estate Mortgage Contract and sell the same
for the satisfaction of all outstanding obligations of the MORTGAGOR in favor of the
MORTGAGEE pursuant to law.

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

Batangas City for Rosario, Batangas, October __, 2019.

JAERO P. GARCIA
Counsel for the Mortgagee
Unit N, 2nd Floor, FRC Building
Pastor Avenue, Pallocan West, Batangas City
Roll of Attorneys No. 46776
PTR No. 3309990/Batangas City/01-04-19
IBP Lifetime No. 1011203/Batangas City
MCLE Compliance No. VI-0018062; 02-11-19
Mobile No. 09209818552
Email: garciajaero@yahoo.com

VERIFICATION/CERTIFICATION

I, RICO B. GERON, Filipino citizen, of legal age, married and with office address at
SIDC, Sorosoro Ibaba, Batangas City, after having been duly sworn to in accordance with law,
hereby depose and state that:

1. I am the duly authorized representative of the mortgagee/petitioner in the above-

entitled petition and I caused the preparation of the same; I have read and
understood the contents thereof and the same are true and correct of my own
personal knowledge and based on authentic documents and records.
 2. I have not commenced any other action or proceedings involving the same issues in
the Supreme Court, the Court of Appeals or any other tribunal or agency. To the
best of my knowledge, no such other action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals or any other tribunal or
agency, and if I should learn that a similar action or proceeding has been filed before
any of the said courts, tribunal or agency, I hereby undertake to report such fact
within five (5) days therefrom to the court or agency wherein the original pleading
and sworn certification contemplated therein has been filed.

IN WITNESS WHEREOF, I hereby affixed my signature this ____________ at Batangas

City.

RICO B. GERON
Affiant

SUBSCRIBED AND SWORN TO before me this __________________, at Batangas

City.

Doc. No. ____ JAERO P. GARCIA

Page No. ____ Notary Public for and in the City of Batangas
Book No. ____ Municipalities of Tingloy, Mabini, Bauan
Series of 2019. San Pascual and San Jose
Commission No. 2018-34
Until December 31, 2020
Unit N, 2nd Floor, FRC Building
Pastor Ave., Pallocan West, Batangas City
Roll of Attorneys No. 46776
PTR No. 3309990/Batangas City/01-04-19
IBP Lifetime No. 1011203/Batangas City
MCLE Compliance No. VI-0018062; 02-11-19
TIN: 200-109-780