Republic of the Philippines

REGIONAL TRIAL COURT OF ILOCOS SUR

First Judicial Region
Branch 21 – Vigan City

IN RE:  PETITION FOR ISSUANCE OF WRIT OF POSSESSION OVER REAL

PROPERTY COVERED BY TRANSFER CERTIFICATE     OF     TITLE    NO.
100-201367890   OF THE REGISTRY OF DEEDS FOR VIGAN CITY
LRC Case No. 1234
AA,
Petitioner.
x------------------------------------x        
PETITION FOR ISSUANCE OF WRIT OF POSSESSION

COMES NOW the Petitioner, by and through the undersigned counsel, and unto this
Honorable Court, respectfully alleges that;
1.      The Petitioner, AAA, of legal age, Filipino and a resident of Baluarte Village,
Vigan City, where it may be served with court processes;
2.      SPS XXX and YYY, both Filipino, of legal age and with residence at Brgy 1, Vigan
City, obtained a loan from the Petitioner  in the amount of THREE MILLION PESOS
(Php 3,000,000.00);
          3.      To secure the prompt payment of the said loan, SPS XXX and YYY executed
a Real Estate Mortgage in favor of the Petitioner over a parcel of land together with all
the improvements thereon, identified as Lot 39 Block 5 of the subd. Plan Pcs-20-
000123, situated in Baluarte, village, Vigan City, covered then by Transfer Certificate of
Title No. T-123456 issued by the Registry of Deeds for Vigan City, a copy of the
aforesaid Real Estate Mortgage dated 18 January 2017 is hereto attached and made an
integral part hereon as Annex “A; 
4.      The said borrowers/mortgagors failed to pay the aforesaid loan pursuant to the
terms of the loan agreement), and notwithstanding demands for payment, they failed and
refused to pay the Petitioner the aforesaid loan, which became past due;
5.      As a consequence of the failure and refusal of the said borrowers/mortgagors  to
pay their past due loan, the Petitioner instituted an extra-judicial foreclosure proceeding
against the Real Estate Mortgage and caused the sale at public auction pursuant to Act
No. 3135, as amended, of the aforesaid mortgaged property, which was sold to the herein
Petitioner as the highest bidder, and subsequently the corresponding Certificate of Sale
was issued  in  its favor, a copy  of said  Certificate  of Sale dated 19 January 2019, is
here on attached as Annex ”B”;
          6.      The said Certificate of Sale (Annex “B”) was duly registered with the
Registry of Deeds for Makati City on 30 January 2019;
          7.      The said borrowers/mortgagors failed to redeem the property within the
redemption period or within one (1) year from the date of the registration of the
Certificate of Sale; hence, the Petitioner, consolidated its ownership of the subject
property by executing and filing with the Registry of Deeds for Makati City an Affidavit

Page 1 of 3
of Consolidation of Ownership dated 18 December 2019, a copy of which is hereto
attached as Annex “C”;
          8.      Consequently, Transfer Certificate of Title No. T-123456 covering the
subject property in the name of the borrowers/mortgagors was cancelled and in lieu
thereof, Transfer Certificate of Title No. 100-201367890 in the name of the herein
Petitioner was issued by the Registry of Deeds for Makati City on 14 February 2020 , a
copy of the said TCT No. 100-201367890 is hereto attached as Annex “D”;
9.      That in a Letter dated 18 June 2020, demand was made upon the said
borrowers/mortgagors SPS XXX and YYY to vacate the subject property and to turn over
actual possession thereof to the herein Petitioner, but said spouses failed and refused to
comply with the said demand to the prejudice of the Petitioner, a copy of the demand
letter is hereto attached as Annex “ E ”;
10.    The Honorable Court has the power and authority, upon ex-parte application of the
Petitioner, as purchaser and owner of the aforesaid property, to issue a writ of possession
to give the Petitioner actual possession thereof;
          11.    In the case of Nagtalon vs. United Coconut Planters Bank, G.R. No. 172504,
July 31, 2013 the Supreme Court held:
“We have long recognized the rule that once title to the property has been consolidated in
the buyer’s name upon failure of the mortgagor to redeem the property within the one-
year redemption period, the writ of possession becomes a matter of right belonging to the
buyer. Consequently, the buyer can demand possession of the property at anytime. Its
right to possession has then ripened into the right of a confirmed absolute owner and the
issuance of the writ becomes a ministerial function that does not admit of the exercise of
the court’s discretion.”
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court
that a Writ of Possession be issued directing the Sheriff of the Honorable Court  to place
the herein Petitioner in actual possession of the said foreclosed real property identified
as Lot 39 Block 5 of the subd. Plan Pcs-20-000123, situated in Baluarte, village, Vigan
City, together with all the   improvements  existing  thereon, covered previously by 
Transfer Certificate of Title No. T-123456, now by Transfer Certificate of Title No. 100-
201367890 in the name of the Petitioner, and to eject therefrom the
borrowers/mortgagors SPS XXX and YYY and/or all persons occupying the same and
claiming rights under them or under their authority.
         Other reliefs just and equitable under the  premises  are likewise being prayed for.
          RESPECTFULLY SUBMITTED.  Vigan City, 29 April, 2021.

(Sgd.)
PHREXILYN PAJRILLO
Balaleng, Bantay, Ilocos Sur
Roll of Attorney No. 12345
IBP No. 12345/2-5-21
PTR No. 87654/12-22-20
MCLE Compliance No.: _____
Email Add: phrexilynpajarillo@gmail.com
C.P. No.: 09173456789

Page 2 of 3
Republic of the Philippines )
Vigan  City                               ) S.S.

VERIFICATION WITH CERTIFICATION OF NON-FORUM SHOPPING

          I, AAA, of legal age, married and with office and postal address at Baluarte
Village, Vigan City, after having been duly sworn to in accordance with law do hereby
depose and state that:
1.                I am the Petitioner in the above-entitled case;
2.                I have caused the preparation of the foregoing Petition and that the
allegations therein are true and correct of my own personal knowledge based on authentic
documents on record;
3.                I have not heretofore commenced any other action or proceeding involving
the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency as are raised in this case;
4.                To the best of my knowledge, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals or any tribunal or agency; and
5.                If I should thereafter be aware or learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, the Court of Appeals or any other
tribunal or agency, I will undertake to report this fact within five (5) days there from to
this Court.
AA
Affiant

SUBSCRIBED AND SWORN to before me this 3rd day of May, 2021, affiant, personally
appeared and  exhibited to me his LTO Driver’s License No. N02-12-123456 issued on
18 June 2020 in Vigan City, Philippines.

NOTARY PUBLIC
                                                                            
Doc. No. _____;
Page No. _____;
Book No._____;
Series of 2014.

Page 3 of 3