REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH _____ - MANILA

Mr. Juan Santos,

Plaintiff,

- versus - CIVIL CASE No. ______________

For: Foreclosure of Real Estate Mortgage
Mr. Pedro Cruz,

Defendant.

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COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff, Juan Santos is a Filipino citizen, of legal age, single, and

with residence at #123 Mithi St., Sampaloc, Manila;

2. Defendant, Pedro Cruz is a Filipino citizen, of legal age, single,

and with residence at #456 Magsaysay St. Longos, Quezon City, where
he may be served with summons and other processes by this Honorable
Court;

3. On July 5, 2018, defendant obtained a loan in the sum of ONE

MILLION PESOS (P1,000,000.00) from plaintiff, evidenced by a
contract of loan on the same date, promising to pay the plaintiff in twelve
(12) monthly installments for one (1) year from said date and with an
interest rate of 6% per annum.

(Attached as Annex “A” is the copy of the Contract of Loan entered by

the plaintiff and defendant, dated July 5, 2018.)

4. Defendant, in order to secure said loan, executed on the same date

a real estate mortgage with the plaintiff on his residential lot, with an area
of 1,500 sq. m., located in the City of Manila covered by TCT No. 890 of
the Registry of Deeds of the City of Manila, and which is more
particularly described as follows:

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 A Parcel of Land (Lot _ Blk __ of Consolidation-Subdivision
plan (LRC) PCS-______, being a portion of the consolidation of
Lots ______ and ______ (LRC) PSD-______, Lot __, PSD-
______, Lot __, PSD-________, LRC Rec. Nos. Nos. N-_____,
_____, _____, N-_____, N-_____, and_____; situated in the
Brgy. San Donisio, City of Manila, National Capital Region, Is.
of Luzon. Bounded on NE., point __ to __ by Road Lot ___, on
the NW., point __ to __ by Road Lot ___, on the SE., point __
to __ by Road Lot ___, and on the SW., point __ to __ by Road
Lot ___; Beginning at a point marked on the plan being N_Deg.
__E from BLLM no. __, CAD-__, Manila Cadastre; thence
S_Deg._W to point 2; thence S_Deg._W to point 3; thence
N_Deg._W to point 4; thence N_Deg._E to point 5; thence
S_Deg._E to point of beginning, Containing an area of ONE
THOUSAND FIVE HUNDRED (1,500) square meters more or
less."

(Attached as Annex “B” is a copy of the abovementioned real estate

mortgage;)

5. The mortgage was registered with the Registry of Deeds of the

City of Manila on July 10, 2018;

6. 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 the
same, defendant shall pay or cause to be paid to the plaintiff, his heirs or
assigns, the sum of ONE MILLION PESOS (P1,000,000.00), together
with the stipulated interest of 6% 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;

7. Defendant has not paid or caused to be paid the mortgage debt of

ONE MILLION PESOS (P1,000,000.00) or any part thereof, despite of
the lapse of the stipulated period;

8. Despite repeated demands orally and in writing, defendant refused

and continuously failed to pay the above sum of ONE MILLION PESOS
(P1,000,000.00), plus the stipulated interest;

(Attached as Annex “C” is the demand letter sent by the plaintiff to the
defendant; and, Annex “C-1” is the demand letter personally received by
the defendant bearing his signature.)

9. 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 20% of the total amount due as attorney’s fees, expenses and
costs; and,

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 10. There are no other persons having or claiming an interest on the
mortgaged property.

11. (Provision of the law applicable)

WHEREFORE, premises considered, plaintiff prays that judgment

be rendered against the defendant:

1. Ordering Pedro Cruz to pay unto the Honorable Court within the
reglementary period of ninety (90) days the sum of ONE MILLION
PESOS (P1,000,000.00), together with the stipulated interest of 6% per
annum from and after one (1) year, plus the additional sum of 20% of the
total amount due as attorney’s fees, expenses and cost;

2. Issuing a decree of foreclosure for the sale at public auction of the

above described parcel of land, and for disposition of the proceeds
thereof in accordance with law, upon failure of defendant to pay in full
his obligations within the period set by law;

3. Ordering Pedro Cruz to pay Juan Santos the amount of ONE

HUNDRED THOUSAND PESOS (P100,000.00) as moral damages and
ONE HUNDRED THOUSAND PESOS (P100,000.00) as exemplary
damages;

4. Ordering Pedro Cruz to pay the cost of suit.

Such other reliefs as may be deemed just and equitable under are
likewise prayed for.

City of Manila, September 20, 2019.

(signed)
Atty. A
Counsel for the Plaintiff
Address : 678 Taft Avenue, Manila
Tel. No. (02) 85331655
Email: atty.a@gmail.com
IBP Lifetime No. _______________
PTR No. ______________________
Roll No. ______________________
MCLE Exemption No. ___________

VERIFICATION AND

Page 3 of 5
 CERTIFICATION OF NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA ) S. S.

I, Juan Santos, of legal age, Filipino citizen, single, and resident of

#123 Mithi St., Sampaloc, Manila, after having been duly sworn to in
accordance with law do hereby depose and say that:

1. I am the plaintiff in the above-entitled case;

2. I have caused the preparation of the foregoing Complaint and have

read the allegations contained therein;

3. The allegations in the said complaint are true and correct of my own
knowledge and authentic records;

4. I have not commenced any other action or proceeding involving the

same issues in the Supreme Court, Court of Appeals, or any other
tribunal or agency and to the best of my knowledge, no such other action
or claim is pending in them;

5. If I should thereafter learn that a similar action or proceedings has

been filed or is pending before the Supreme Court, Court of Appeals, or
any other tribunal agency, I hereby undertake to report that fact within
five (5) days therefrom to the court or agency wherein the complaint of
the initiatory pleading and sworn certification contemplated herein have
been filed; and

6. That I executed this verification/certification to attest to the truth of

the foregoing facts and to comply with the provisions of Administrative
Circular No. 04-94 of the Honorable Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 20th day of September 2019 in the City of Manila.

(signed)
Mr. Juan Santos
Affiant

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 SUBSCRIBED AND SWORN to before me this 20th day of
September 2019 in the City of Manila, affiant exhibiting to me his Passport
No. _____________________ issued at ____________________________
on ____________________ as competent proof of his identity.

(signed)
Atty. B
Notary Public
until December 31, 2019
Address: 23 St., Malate, Manila
_____________________________
_____________________________
Tel. No. _______________________
Email: atty.b@gmail.com
IBP Lifetime No. _______________
PTR No. ______________________
Roll No. ______________________
MCLE Exemption No. ___________

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2019.

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