Republic of the Philippines
REGIONAL TRIAL COURT
Third Judicial Region
Angeles City
OFFICE OF THE EXECUTIVE JUDGE
BTS REALTY CORPORATION
represented by its director MARI CHUI,
Petitioner/Mortgagee,
EJF Case No._________________________
-vs- For: “Extra Judicial Foreclosure”
SARA CRUZ,
Respondent/Mortgagor.
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PETITION
Petitioner/Mortgagee, by counsel and to this Honorable Court
respectfully alleges that:
THE PARTIES
1. Petitioner/Mortgagee BTS REALTY CORPORATION is a
juridical entity, a domestic corporation duly organized and existing under
and by virtue of the laws of the Philippines, with principal office address at
123 Mac Arthur Hi-way, Angeles City, represented in the instant Petition by
its director MARI CHUI, copies of the Articles of Incorporation and
Secretary’s Certificate are hereto attached and marked as Annexes “A”
series and “B”, respectively;
2. The Petitioner/Mortgagee may be served with summons,
notices, orders and other processes of this Honorable Court at the law office
address of the undersigned counsel given below.
3. Respondent/Mortgagor SARA CRUZ is of legal age, Filipino
citizen, single and residing at 12-3 4TH St., MV Subdivision, Angeles City,
where she may be served with Summons, copy of this Petition and other
court processes.
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PETITIONER’S CAUSES OF ACTION
4. On April 6, 2016, Respondent/Mortgagor secured a loan with
the Petitioner/Mortgagee in the amount of Three Million Pesos (Php
3,000,000.00), a corresponding Real Estate Mortgage was executed and
signed in favor of the Petitioner/Mortgagee. Copies of the Real Estate
Mortgage and Secretary’s Certificate are hereto attached and marked as
Annexes “C” to “C-1” and “D” to “D-1”, respectively;
5. As security for the payment of the above obligation, she used
as collateral her real estate property with improvements located at Dona
Carmen St., Mt. View Subdivision, Balibago, Angeles City, which is briefly
described as follows:
TRANSFER CERTIFICATE OF TITLE NO. 12345
Register of Deeds forAngeles City
“A parcel of land (Lot 10, Block 4 of the consolidation and
subdivision plan Pcs-3244, being a portion of Lot 123 of the
cadastral survey of Angeles and 123-A of plan SWO-1234,
G.L.R.O. Cad. Rec. No. 124) situated in the Municipality of
Angeles, Province of Pampanga, x x x containing an area of
Three Hundred Twenty Six (326) square meters, more or less, x
x x.
A certified true copy of the title is hereto attached and
marked as Annexes “E” to “E-3” and made an integral part
hereof;
5. The said Real Estate Mortgage was duly registered with the
Registry of Deeds, Angeles City, and annotated as Entry No. 2017-123456,
photocopy of the annotation on the title is hereto attached and marked as
Annex “F” and made an integral part hereof;
6. Respondent/Mortgagor has grossly violated the terms and
conditions of the Real Estate Mortgage by defaulting in the payment of her
said loan;
7. Prior to the filing hereof, several written demands were made
by the Petitioner/Mortgagee to the Respondent/Mortgagor for the latter to
comply and pay her loan obligation. Copies of the written demand letters
with attached statement of account dated August 14, 2017 and September 11,
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2017 are hereto attached and marked as Annexes “G” to “G-1” and “H” to
“H-1”, respectively;
8. Finally, on September 12, 2018, Petitioner/Mortgagee, through
its lawyer, sent a final demand letter to the Respondent/Mortgagor, which
the latter personally received it on the same date. A photocopy of the
demand letter personally received by Respondent/Mortgagor is hereto
attached and marked as Annex “I”, and made integral parts hereof;
9. By the terms of the Real Estate Mortgage Agreement, the
Respondent/Mortgagor is indebted to the Petitioner/Mortgagee in the
amount of FIVE MILLION TWO HUNDRED FIFTY THOUSAND
PESOS (Php 5,250,000.00) as of August 30, 2018. A photocopy of the
Statement of Account is hereto attached and marked as Annex “J” and
made an integral part hereof;
10. Because of Respondent/Mortgagor’s action and omission so
tainted with evident bad faith and fraud in refusing to satisfy
Petitioner/Mortgagee’s plainly valid, just and demandable claim, thus, to
protect its rights and interest which has been wantonly violated by the
Respondent/Mortgagor, Petitioner/Mortgagee was compelled to litigate and
forced to engage the services of the undersigned counsel for which the
Respondent/Mortgagor is under obligation to pay the Petitioner/Mortgagee,
as and by way of Attorney’s fees in the event of foreclosure, a sum equivalent
to twenty (20%) percent of all amounts due.
PRAYER
WHEREFORE, it is respectfully prayed that, after due notice and
publication, to order the Office of the Sheriff to extra-judicially foreclose the
above described real property, subject matter of the aforesaid Real Estate
Mortgage and to issue a Notice of Foreclosure for the sale thereof at public
auction in accordance with law for the failure and refusal of the
Respondent/Mortgagor to pay her just and valid loan obligation to the
Petitioner/Mortgagee in the sum of FIVE MILLION TWO HUNDRED
FIFTY THOUSAND PESOS (Php 5,250,000.00) excluding the filing fee,
Publication fee, Sheriff’s fee and Attorney’s fee and other necessary
expenses.
Other reliefs, just and equitable, in the premises, are also prayed for.
October 18, 2018 at Angeles City, Pampanga.
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DELA CRUZ LAW OFFICE
Counsel for Petitioner/Mortgagee
Angeles City
By:
JUAN DELA CRUZ
Roll of Atty. No. XXXXX
IBP No. XXXXX/Lifetime Member
PTR No. XXXXX/01-008-18/Angeles City
MCLE Compliance No. VI-XXXXX dated
July 3, 2018/ valid until April 14, 2022
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VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING
I, MARI CHUI, of legal age, Filipino, married and with office address at 123 Mac
Arthur Hi-way, Angeles City, under oath, declare that:
1. I have been duly authorized to file this Petition for Extrajudicial
Foreclosure of the property of SARA CRUZ;
2. I have personally caused the preparation of the foregoing Petition;
3. I have fully read and understood all the contents thereof as true and
correct of my personal knowledge and/or based on authentic records on hand;
4. I have not heretofore commenced any action or petition involving the
same parties, issue and cause of action in any court, tribunal or quasi—judicial agency;
5. To the best of my knowledge, no such other action or claim is pending
therein;
6. If I should thereafter learn that a similar action or claim has been filed or
is pending, I shall report that fact within five days therefrom, to the Court wherein the
aforementioned complaint or initiatory pleading has been filed;
7. I execute this Verification and Certification to attest to the truth of all my
foregoing statements and in compliance with Sections 4 and 5 of Rule 7 of the 1997
Revised Rules of Civil Procedure and that of the Supreme Court Administrative Circular
No. 12—34.
IN WITNESS WHEREOF, I hereby set my hand this 18th day of October, 2018 in
Angeles City.
MARI CHUI
Affiant
SUBSCRIBED AND SWORN to before me this 18th day of October, 2018 in
Angeles City by MARI CHUI who exhibited to me her Driver’s License No. C10-02-
123456 that she is the same person who personally signed before me the foregoing
instrument and acknowledged to me that she executed the same.
WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ
Notary Public for Angeles City
Until December 31, 2019
Commission Serial No. 2017-XXX
Roll of Atty. No. XXXXX
Doc. No. 470 ; Admitted to the Bar on June 1, 2017
Page No. 96 ; IBP No. XXXXX/Lifetime Member
Book No. I ; PTR No. XXXXX/01-08-18/Angeles City
Series of 2018. Angeles City.
