Form 81.docx

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FIRST JUDICIAL REGION BRANCH 8 BAGUIO CITY BAYAD KAH,

Plaintiff,

-versus-

Civil Case No. 874-093-8362 For: Complaint for Foreclosure of Real Estate Mortgage

WALA PAH,

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 Rainbow Hills, Baguio City and #222 Brentwood, 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 abovementioned 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. MARY THERESE GABRIELLE B. ESTIOKO Roll No. 71813 Room 718, Ireland Bldg., Upper Session Road, Baguio City IBP Lifetime Membership No. 01004218: 07/18/16: Baguio–Benguet PTR No. 718100421: 10/04/00: Baguio–Benguet MCLE Compliance Cert. No. IV-0001984, 10/21/16 VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING I, BAYAD KAH, of legal age and with residence at #10 Rainbow Hills, 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. BAYAD KAH Affiant SUBSCRIBED and SWORN to before me, this 28th day of February 2017 at Baguio City, Philippines by BAYAD KAH with his valid PRC ID No. X98-9837-001 issued on 31 January 2016, at Baguio City, Philippines as proof of his identification. ATTY. MARY THERESE GABRIELLE B. ESTIOKO Notary Public Commission Serial No. 93-NC-13 Notary Public for Baguio City Until December 31, 2019 Office: Room 718, Ireland Bldg., Upper Session Road, Baguio City Roll No. 71813 IBP Lifetime Membership No. 01004218: 07/18/16: Baguio– Benguet PTR No. 718100421: 10/04/17: Baguio–Benguet MCLE Compliance Cert. No. IV-0001984, 10/21/16 Doc. No. 81; Page No. 16; Book No. I; Series of: 2017;

Copy Furnished (by personal service): ATTY. CHEW BAKA Counsel for Defendant