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Branch ___, Manila INSURANCE CORPORATION OF THE PHILIPPINES Plaintiff, --versus-TIMOTHY LOY and TINA LOY Defendants. x----------------------------------------x COMPLAINT COMES NOW plaintiff, through counsel and to this is Honorable Court, respectfully states: 1. That plaintiff is a corporation duly organized under the laws of the Philippines with principal offices at Cardinal Bldg., Herran corner Felipe Agonzillo St., Manila; and defendants are spouses with postal and residential address at 1234 Naga St., Manila City and/or 2034 Ormoc St., Ermita, Manila City, where they may be both served with summons; AS TO CAUSE OF ACTION, plaintiff alleges: 2. That for valuable consideration, defendants jointly and severally executed in favour of and delivered to plaintiff at the City of Manila, on February 10, 2000 for P100,000.00 payable within six (6) months from said date, a promissory note in the following words and figures: PROMISSORY NOTE P100, 000.00 Manila, Philippines February 10, 2000 DUE DATE: AUGUST 10, 2000 SIX (6) MONTHS after date, for value received, we jointly and severally promise to pay INSURANCE CORPORATION OF THE PHILIPPINES, or order, at its office at Room 714 J.M. Tuason Building, Escolta, Manila, Philippines, the sum of ONE HUNDRED THOUSAND PESOS (P100, 000.00) ONLY, Philippine Currency, with interest at the rate of TWELVE PERCENT (12%) Per Annum, until fully paid. In case it is necessary to collect this note by or through an Attorney-atlaw, the MAKERS shall jointly and severally pay Ten Percent (10%) of the amount due on this note as attorney¶s fees, which in no case shall be less than Two Hundred Pesos (P200.00), exclusive of all costs, fees and damages allowed by law. CIVIL CASE NO. _____ Foreclosure of Mortgage

leaves a balance on the principal in the sum of P144. made and executed on the same day a deed of mortgage in favour of the plaintiff. which after application to interest as of July 31. 078. by Malulan creek. 3. 447) square meters.06 with interest of 12% per annum from August 1. Annexes ³A´ that upon failure of the defendants to pay . any legal action which may arise out of the Promissory Note. containing an area of FIFTEEN thousand four hundred forty seven (15. LRC Record No. That it is a condition in the Promissory Notes. presentment. 666. In case of judicial execution of this obligation or any part of it. 2000 in the Office of the Register Deeds of Manila City. Bounded on the SW. 5. Along the lines 1-2-3-4-5. 921. We further expressly submit to the venue of the courts of the City of Manila. except the amount of P16. That the time for payment of said loans are overdue and the defendants failed and refused and still fail and refuse. Along line 7-8. the debtors waive all their rights under the provisions of Rule 39.66.94. Section 12 of the Rules of Court.). situated in Manila City. upon a parcel of land together with the improvements thereon. to pay the principal and interest due. 2000 until fully paid. 744. AND AS ALLEGATIONS COMMON TO THE CAUSE OF ACTION. together with all the improvements existing thereon. x x x. demand. and on the NW.We hereby waive any diligence. That said mortgage was duly registered on February 20. described as follows: ³A parcel of land (Lot 4556-B-3-D of the subdivision plans Psd12345. This Promissory Note is secured by a Real Estate Mortgage on One (1) parcel of land with Transfer Certificate of Title No. on the SE. on the S. being a portion of Lot 2345-B-4 described on plan Psd-11220. T-45678. Philippines. situated in the City of Manila. plaintiff alleges: 4. Along lines 2-3-4 by Lot 1245-A of plan Psd-2345. Along line 8-1. Mortgage Contract and Amendment thereof. not withstanding repeated demands of the plaintiff. by Lot 1369-B-2-C of the subdivision plan.´ Copy of which deed of mortgage is attached hereto as Annex ³A´ and made an integral part of this complaint. jointly and severally. 2000 in the sum of P10.72. defendants. TIMOTHY LOY ___________ City TINA LOY _________ City SIGNED IN THE PRESENCE OF: TINA TAN MALOU ONG and to secure the prompt and full payment of the principal and interests. by National Road. protest or notice of non-payment or dishonour with respect to this Promissory Note. and partial payment on the principal in the sum of P5.

2000 ELIJAH LO Counsel for Plaintiff 10th RCBC Bldg. VICTOR SY. Affiant exhibiting to me his Competent Evidence of Identity²Passport No. I have caused the preparation of the forgoing complaint. Makati. and the disposition of the proceeds thereof in accordance with law. VICTOR SY Affiant SUBSCRIBED AND SWORN TO before me this 7th day of February.the loan within the period stipulated. they shall pay. and d) To pay the costs of this suit. issued DFA Manila. XX4567890. Manila.. 425500-12-15-01 . c) Ordering the sale by public auction of the property mortgaged under Annexes ³A´ hereof. of legal age. City of Manila } I. August 2.06 with interest thereon at the rate of 12% per annum from August 1. jointly and severally. as attorney¶s fees. a) To pay to the plaintiff the principal obligation of P144. 6. as attorney¶s fee exclusive of interests. Rizal. 2000 until the full obligation is paid. in the City of Manila. ordering the latter. 078. Ayala Avenue. Makati. 2005 ELIZA GO TAN Notary Public Until December 2001 IBP No. that in the event of suit. PRAYER WHEREFORE. issued on Feb 13. venue shall be laid in the City of Manila. VEREFICATION/CERTIFICATION ²VERIFICATION Republic of the Philippines} S. depose and state: I am the general manager of the Plaintiff Corporation. on oath. upon failure of the defendants to fully pay to the plaintiff within the period set by law the sum set forth in this complaint. For such other and further relief as this Honorable Court may deem just and equitable under the premises. jointly and severally. b) To pay to the plaintiff the sum equivalent to 10% of the amount due under paragraph (a) above.S. that I have read and understood the allegations contained herein and that the same are true and correct to the best of my knowledge and belief. That it is the further condition in said Promissory Note and mortgage. it is respectfully prayed that judgement be rendered in favour of the plaintiff and against the defendants. to the plaintiff a sum equivalent to ten (10) percent of the amount due.

. 400 Page No. 80 Book No.Manila Doc. VIII Series of 2001. No.