Republic of the Philippines
REGIONAL TRIAL COURT
11TH Judicial Region
Davao City
OFFICE CLERK OF COURT & EX-OFFICIO SHERIFF
BINOS LENDING CORPORATION - EJF No._____________
Sasa Branch
Represented in this act by:
PRICHE G. DELOS SANTOS,
Petitioner-Mortgagee,
FOR: EXTRA-JUDICIAL
-versus- FORECLOSURE OF REAL
WILFREDO A. IPONG, CAROLINA ESTATE MORTGAGE
T. IPONG, AND LARIZZA T.
IPONG,
Respondents- Mortgagors.
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PETITION FOR EXTRA-JUDICIAL FORECLOSURE OF REAL ESTATE
MORTGAGE UNDER ACT. 3135, AS AMENDED BY ACT 4118
ATTENTION: THE CLERK OF COURT & EX-OFFICIO SHERIFF
We hereby deliver to you the annexed copy of a REAL ESTATE
MORTGAGE executed on June 05, 2014 by WILFREDO A. IPONG, CAROLINA
T. IPONG, AND LARIZZA T. IPONG as MORTGAGORS and residents of Opal
St. Prk. 5 Doña Salud Subd., Sasa, Davao City, in favor of BINOS LENDING
CORPORATION-Sasa Branch as MORTGAGEE, with principal office address
at Ground Floor, Sychar Hotel, 148 JP. Laurel Avenue, Bajada, Davao City, upon
certain real properties described therein and for your information we hereby
state the following facts:
1) That the MORTGAGEE is duly represented in this act by PRICHE G.
DELOS SANTOS by virtue of a Board Resolution of BINOS LENDING
CORPORATION-Sasa Branch. Hereto attached is the copy of the
aforementioned Board Resolution as Annex “A”;
2) That by virtue of the aforementioned MORTGAGE, the MORTGAGORS
acknowledged to be indebted to the MORTGAGEE in the loan value of
FOUR HUNDRED EIGHTY THOUSAND TWENTY-FOUR PESOS
(PHP480,024.00), Philippine currency, with interest thereon at 20%
per annum. Hereto attached is the copy of the Promissory Note as
Annex “B”.
3) That, to guarantee the payment of said obligation and other
obligations arising thereunder, the MORTGAGORS through the same
instrument mortgaged in favor of the MORTGAGEE the real property
therein described, together with the improvements existing thereon,
situated in Barrio of Panacan, City of Davao, Philippines and covered
by Transfer Certificate of Title No. T-341832, issued by the Register of
Deeds of Davao City, more particularly describes as:
Transfer Certificate of Title No. T-341832:
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A parcel of land (Lot 574-A-1-F-2-B, Psd-11-074172, being a portion of Lot 574-
A-1-F-2, Psd-11-045453, situated in the Barrio of Panacan, City of Davao, Island
of Mindanao. Bounded on the NE., along line 3-4 by lot 547-A-2-F-2-C of the
subdivision plan; on the SE., along line 4-1 by lot 574-A-2-F-3, Psd-11-04-5453;
on the SW., along line 1-2 by lot 574-A-2-F-2-A of the subdivision plan, on the
NW., along line 2-3 by lot 574-A-2-F-5 (Road) Psd-11-045453. Beginning at a
point marked “1” on plan being marked “1” on plan being N. 84 deg. 12’W.,
670.08 m. from BLLM No. 6, Cad-102, Davao Cadastre. Thence . . .
N. 72 deg 50’W., 16.40 m. to point 2;
N. 22 deg 38’E., 15.30 m. to point 3;
S. 72 deg. 50’E., 16.40 m. to point 4;
S. 22 deg. 38’W., 15.30 m. to point of beginning,
And containing an area of TWO HUNDRED FIFTY (250) SQUARE
METERS, more or less.
The machine copy of which is hereto attached as Annex
“C”.
4) That said MORTGAGE was duly registered in the Office of the Registry
of Deeds on July 08, 2014; Hereto attached is the copy of the Real
Estate Mortgage as Annex “D”
5) That up to the date of this petition, the MORTGAGORS have an unpaid
balance of SEVEN HUNDRED FIFTY THOUSAND PESOS
(PHP750,000.00). This amount includes interest, penalties,
expenses, litigation, and atty’s fees. Hereto attached is the copy of
the Statement of Account as to be Annex “E”;
6) That the MORTGAGOR violated the terms of the Real Estate Mortgage
when they failed to settle their obligation as above-stated after verbal
and formal demands. Hereto attached forming part of this petition as
Annex “F” is the copy of the Demand Letter;
7) That under paragraph 3 of the MORTGAGE CONTRACT, the
MORTGAGORS agreed that in case it shall become necessary to
foreclose the MORTGAGE, the herein MORTGAGEE may proceed
extrajudicially in accordance with Act 3135, as amended by Act 4118,
availing himself/herself of the special power of attorney inserted
therein with express power of sale, for the satisfaction of all
outstanding obligations, including attorney’s fees and liquidated that
may then be due and remaining unpaid.
WHEREFORE, you are hereby requested to proceed, after due
publication in the manner provided by law, to sell the mortgaged property at
public auction for the satisfaction of all the outstanding obligations of the
MORTGAGOR under the aforementioned MORTGAGE in favor of the herein
MORTGAGEE, including the fees that may be due to your office for such
services rendered.
Davao City, Philippines, _______________.
BINOS LENDING CORPORATION
Mortgagee
Represented by
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PRICHE G. DELOS SANTOS
Branch Manager
Assisted by:
ATTY. JIVE D. GUMELA
Counsel for the Plaintiff
ROLL NO. 76839, 06 May 2022
IBP NO. 207226, 06 May 2022, Davao del Norte
PTR NO. 6975440, 24 May 2022, Davao City
MCLE Compliance Board Order No.1, Series of July 4, 2008;
Admitted to the bar on 06 May 2022
2 Floor LYR Corporate Building, Gante Avenue, Tagum City
nd
attyjivegumela@gmail.com | 639914526325 | 639610364424
Republic of the Philippines )
City of Tagum ) S.S.
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VERIFICATION/CERTIFICATION
That I, PRICHE G. DELOS SANTOS, of legal age, Filipino, married, and a
resident of Panabo City, Philippines, after having been duly sworn to in
accordance with the law, depose and state the following:
That I am the Branch Manager and representative of BINOS LENDING
CORPORATION-Sasa Branch, Mortgagee in the above-entitled Petition for
foreclosure;
That I caused the preparation of the foregoing Petition for Extra-Judicial
Foreclosure of Real Estate Mortgage against WILFREDO A. IPONG,
CAROLINA T. IPONG, AND LARIZZA T. IPONG and I have read the contents
therein and the same are true and correct to the best of my knowledge and
authentic records;
That I have not heretofore commenced any action or proceeding
involving the same issues in the Supreme Court, the Court of Appeals, or any
other tribunal or agency;
That no such action or proceeding is pending in the Supreme Court, the
Court of Appeals or different Divisions thereof, or any other tribunal or agency;
That should I thereafter learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, the Court of Appeals, or
different Divisions thereof, or any tribunal or agency, I will undertake to
promptly inform the aforesaid courts and such other tribunal or agency of that
fact within five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto set my hand this
___________________ in the Tagum City, Davao del Norte, Philippines.
PRICHE G. DELOS SANTOS
Affiant
SUBSCRIBED AND SWORN TO before me this ________________________
in Tagum City, Davao del Norte, Philippines.
Doc. No.______
Page No. ______
Book No. ______
Series of 2022
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